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, 3 JULY 2018

4 yearly review of modern awards – Fast Food Industry Award 2010 – substantive issues.

[1] This Statement concerns proceedings relating to substantive claims to vary the Fast Food Industry Award 2010.

[2] A programming mention 1 was held on 16 May 2018 at which the Commission was informed that five of Ai Group’s witnesses were required for cross-examination. One of those five witnesses, Mr Flemington, was unavailable on the day listed for the hearing and his cross-examination was scheduled for 29 June 2018.

[3] A hearing was held on 29 June 2018 to allow the Retail and Fast Food Workers Union to cross-examine Mr Flemington. A transcript of those proceedings is available on the 4 yearly review section of the Commission website. The matter is listed for further hearing on Monday, 16 July at 9:30am.

[4] A mention to discuss further programming of the matter will be held on Friday 6 July at 1:00pm, by telephone. Parties are encouraged to engage in discussions between themselves about the scheduling of witnesses and report back at the mention. A Notice of Listing will be issued shortly.

[5] At the hearing on 29 June 2018, Ai Group agreed to file:

1. A document setting out the findings Ai Group is requesting the Commission to make, with appropriate references to the evidence in support of each finding sought; and

2. A comparative table setting out the Ai Group’s claim and the current award provisions and comparative tables setting out Ai Group’s claim and the relevant provisions in the other awards mentioned in Ai Group’s submissions.

3. Material is to be sent to amod@fwc.gov.au by 4:00pm, Friday 6 July 2018.

[6] Parties are also requested to send all submissions and evidence filed in this matter in word format to amod@fwc.gov.au by 4:00pm, Wednesday 11 July 2018.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 Transcript

CaseChat Overview and Summary

The case involved a review of the Fast Food Industry Award 2010, conducted by the Fair Work Commission. The review was undertaken to assess the award's relevance and effectiveness in the fast food industry, considering factors such as wages, working conditions, and the overall economic impact on businesses and employees. The dispute arose from submissions by various stakeholders, including employers and employee representatives, regarding the need for adjustments to the award provisions.

The legal issues before the Fair Work Commission centred on whether the existing provisions of the Fast Food Industry Award 2010 were still appropriate and whether there were grounds for changes to better reflect the current industrial climate. The Commission had to consider evidence and submissions on matters such as the impact of the award on employment levels, business viability, and the fairness of wages and conditions for employees. Additionally, the Commission had to ensure that any proposed changes would comply with legislative requirements and promote industrial harmony.

In its decision, the Fair Work Commission carefully examined the evidence presented and assessed the impact of the award's provisions on both employers and employees. The Commission concluded that certain aspects of the award required amendment to address emerging issues in the fast food industry, including changes in technology and consumer preferences. The Commission made specific adjustments to the award, including modifications to penalty rates and the introduction of new provisions to accommodate new types of employment arrangements. The decision aimed to strike a balance between the needs of the industry and the rights of employees, ensuring that the award remained fair and effective.

The final orders of the Fair Work Commission included specific amendments to the Fast Food Industry Award 2010, reflecting the changes agreed upon during the review process. The new provisions were designed to better address the current economic and industrial environment, providing clarity and certainty for both employers and employees in the fast food industry.

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

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established