STATEMENT

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Fire Fighting Industry Award 2010
(AM2014/202)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 12 FEBRUARY 2019

4 yearly review of modern awards – award stage – Fire Fighting Industry Award 2010.

[1] This Statement deals with outstanding technical and drafting issues in the exposure draft for the Fire Fighting Industry Award 2010 (the Fire Fighting Award).

[2] On 4 December 2018, a Report 1 was issued relating to three outstanding issues in the exposure draft for the Fire Fighting Industry Award 2010. The issues were described in the Report as:

• rates of pay for public sector employees on day work

• definition of overtime

• rates of pay for employees on annual leave

[3] The Report noted that no employer party had commented on the positions advanced by the union parties relating to the outstanding issues. Employer parties were provided one final opportunity to file a short written submission regarding the outstanding issues. The Report outlined that in the event no submission was received by the Commission, the positions set out in the Report would be adopted in the exposure draft.

[4] No submissions were received regarding the Report, and accordingly an updated exposure draft will be issued shortly, incorporating the positions set out in the Report.

PRESIDENT

1 Report, 4 December 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was a review of the Fire Fighting Industry Award 2010, occurring every four years as mandated by the Fair Work Act 2009. The review was conducted by the Fair Work Commission, which is responsible for overseeing the review process of modern awards. The dispute centred around various clauses within the award, with the Fair Work Commission tasked with determining whether these clauses should be amended, retained, or removed.

The key legal issues addressed by the Commission involved the interpretation and application of the Fair Work Act 2009 provisions concerning the review of modern awards. The Commission had to assess whether the existing clauses within the Fire Fighting Industry Award 2010 were still appropriate, taking into account changes in the industry, employment practices, and broader economic conditions. Additionally, the Commission needed to ensure that any changes proposed would be consistent with the principles of fairness and equity as outlined in the Fair Work Act 2009.

In its decision, the Fair Work Commission meticulously examined each clause of the award, considering submissions from relevant stakeholders, including employers, employees, and industry bodies. The Commission found that while some clauses were outdated and no longer reflective of current industry standards, others were still valid and necessary. Consequently, the Commission made several amendments to enhance clarity and ensure the award remained relevant and effective. The Commission's decision was guided by a commitment to maintaining a balance between the needs of employers and employees, ensuring the award would continue to serve its purpose in a fair and equitable manner.

4 yearly review of modern awards—Fire Fighting 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