4 yearly review of modern awards – General Retail Award 2010 – Substantive issues

[2017] FWC 6258

[2017] FWC 6258

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – General Retail Award 2010 – Substantive issues

(AM2014/270)

VICE president hatcher sydney, 27 november 2017

General Retail Industry Award 2010 – substantive issues.

1. The purpose of this Statement is to set out the process for finalising the list of substantive issues in relation to the review of the General Retail Industry Award 2010 (Retail Award).

1. On 24 March 2016 a summary of proposed variations for the Retail Award was published on the Commission’s website.

1. A Statement and Directions issued on 26 August 2016 directed parties to:

‘…file a short submission confirming the substantive claims being pursued. This is not expected to be a full submission, but should include the following:

(i) the nature of the change sought;

(ii) a draft variation determination;

(iii) the type of case to be run (merits or evidentiary based); and

(iv) if the case is evidence-based, how many witnesses will be called?

This process will give parties the opportunity to reframe existing claims or to raise additional substantive claims. Parties are also requested to advise the Commission if they are no longer pursuing any of their earlier claims. The filing date for this submission is on or before 4pm on Friday 30 September 2016.’

1. A submission was received in response to the 26 August 2016 Statement from Shop, Distributive and Allied Employees’ Association (“SDA”). The SDA confirmed it would pursue a number of substantive changes in the review of the Retail Award. An application to vary the public holiday entitlements for full-time employees in the Retail Award was made by S Barridge on 5 January 2017.

1. A revised summary of proposed variations was published on 22 November 2017.

1. Since the parties made these submissions, a Decision has been handed down in the Part-time employment and Casual employment common issues.[1] The plain language Full Bench has also commenced proceedings regarding the plain language re-drafting of the Retail Award. Accordingly, interested parties are directed to file a short submission confirming which substantive claims in the revised summary of proposed variations they now wish to pursue. Submissions should be filed by no later than 4.00 pm, 7 December 2017. In the event that a party does not file a submission indicating that they wish to pursue a particular substantive claim I will proceed on the basis that such claims are no longer pressed.

1. A Full Bench will be constituted to deal with any residual substantive claims after 7 December 2017.

VICE PRESIDENT

[1] [2017] FWCFB 3541

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