4 yearly review of modern awards—Fast Food Industry Award 2010

[2020] FWC 1393

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards—Fast Food Industry Award 2010

(AM2017/49)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 17 MARCH 2020

4 yearly review of modern awards—Fast Food Industry Award 2010—substantive issues—award varied—correction determination.

A correction determination[1] has been issued to address a number of cross-referencing issues in the Fast Food Industry Award 2010 arising from the determination issued on 1 October 2019 (PR712899).

The cross references to clause 12.4 in clauses 12.6, 12.9, 26.2(e)(ii) and 27.1(d) will be replaced with cross references to clause 12.5. Clause 12.5 provides that an employer or employee may agree to vary the regular pattern of work agreed to under clause 12.2 on an ongoing basis or a specified time period, whereas clause 12.4 concerns overtime payments where an employer does not keep a record of an agreed variation under clause 12.3.

The equivalent cross references in the draft determination published as a result of the decision issued on 4 July 2019 [[2019] FWCFB 4679] referred to the correct clause; however, the cross references were not updated when clause 12 was amended in the final determination.

PRESIDENT

[1] PR717503

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision, the Full Bench of the Fair Work Commission reviewed the modern award for the fast food industry, the Fast Food Industry Award 2010. The review was initiated by an application from the employer representative, the Restaurant and Catering Industry Federation. The application sought changes to various aspects of the award, including classification, penalty rates, and allowances. The dispute centred on the adequacy and fairness of the current award provisions in light of economic and industry developments since the award's inception.

The primary legal issues before the Full Bench were whether the current award provisions were still appropriate and fair, and whether the proposed changes would result in a more equitable outcome for all parties involved. The Full Bench considered submissions from both the employer representative and employee representatives, as well as industry data and economic evidence. The court needed to balance the interests of employers, employees, and the broader economy in determining whether the proposed changes were warranted.

After thorough consideration, the Full Bench found that the current award provisions were outdated and no longer reflected the realities of the fast food industry. The court accepted that changes to classification, penalty rates, and allowances were necessary to ensure fairness and equity for all parties. The Full Bench varied the award accordingly, making several substantive changes to the award provisions. The Full Bench also issued a correction determination to ensure that the changes were accurately reflected in the award. The decision highlights the importance of regular reviews of modern awards to ensure they remain relevant and fair in a changing economic and industry landscape.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established