4 Yearly Review of Modern Awards: GAS INDUSTRY AWARD 2010

The case was heard by the Fair Work Commission (FWC) and involved the Australian Gas Infrastructure Group (AGIG) and the United Workers Union (UWU). The dispute centred around the annual leave provisions in the Gas Industry Award 2010. The union argued that the availability duty provisions were inconsistent with the national minimum standards set out in the Fair Work Act 2009 and should be amended accordingly. The employer argued that the current provisions were reasonable and reflected the nature of the work involved in the gas industry.

The primary legal issue before the Commission was whether the availability duty provisions in the Gas Industry Award 2010 were consistent with the national minimum standards set out in the Fair Work Act 2009. The Commission considered whether the provisions provided for adequate leave entitlements and were not overly burdensome on employers. The Commission also considered the evidence presented by both parties regarding the nature of work in the gas industry and the impact of the availability duty provisions on employees.

The Commission found that the availability duty provisions in the Gas Industry Award 2010 were consistent with the national minimum standards set out in the Fair Work Act 2009. The Commission noted that the provisions provided for adequate leave entitlements and were not overly burdensome on employers. The Commission also found that the nature of work in the gas industry required employees to be available for work on a 24/7 basis and that the availability duty provisions reflected this reality. The Commission rejected the union's argument that the provisions should be amended to provide for additional leave entitlements.

The Fair Work Commission made no changes to the availability duty provisions in the Gas Industry Award 2010. The Commission found that the current provisions were consistent with the national minimum standards set out in the Fair Work Act 2009 and reflected the nature of work in the gas industry. The Commission noted that the provisions provided for adequate leave entitlements and were not overly burdensome on employers. The Commission also rejected the union's argument that the provisions should be amended to provide for additional leave entitlements.