DECISION

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

4 yearly review of modern awards – Graphic Arts, Printing and Publishing Award 2010 and Food, Beverage and Tobacco Manufacturing Award 2010
(AM2019/17)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 10 NOVEMBER 2020

4 yearly review of modern awards – finalisation of Exposure Drafts and variation determinations – Tranche 3– Graphic Arts, Printing and Publishing Award 2010 – Food, Beverage and Tobacco Award 2010.

[1] This decision deals with the finalisation of the variation determinations for the Graphic Arts, Printing and Publishing Award 2010 (the Graphic Arts Award) and the Food, Beverage and Tobacco Manufacturing Award 2010 (Food Manufacturing Award). This decision should be read in conjunction with our decision of 6 October 2020 1 (the October 2020 decision).

[2] This Full Bench has been constituted to oversee the process for finalising the exposure drafts produced during the 4 yearly review of modern awards (the Review) and the consequent variation of each modern award. For that purpose, the modern awards were divided into 3 Tranches. The Graphic Arts Award and the Food Manufacturing Award are Tranche 3 awards. 2

[3] In the October 2020 decision we finalised a number of outstanding issues relating to the awards in Tranche 3, including the Graphic Arts Award and the Food Manufacturing Award. 3 It was noted in the October 2020 decision that there were pending determinations to be issued by the Full Bench in the overtime for casuals matter (AM2017/51) for these two awards. To avoid any potential confusion arising between the matters we decided not to issue the variation determinations for the Graphic Arts Award and the Food Manufacturing Award until after the determinations in AM2017/51 were finalised.4

[4] The determinations in AM2017/51 have now been finalised 5 and incorporated into the variation determination for the Graphic Arts Award and the Food Manufacturing Award.6

[5] Since the October 2020 decision, determinations adjusting the expense related allowances in the Graphic Arts and Food Manufacturing Awards have been issued. 7 These determinations have also been incorporated into the final variation determinations.8

Next steps

[6] Final variation determinations for the Graphic Arts Award and the Food Manufacturing Award will be published concurrently with this decision. The variation determinations will commence operation on 11 December 2020.

[7] Interested parties will have until 4.00 pm on Friday 20 November 2020 to file an objection to any of the amendments to the Graphic Arts Award and the Food Manufacturing Award outlined in this decision, or in the October 2020 decision. All objections must be sent electronically to [email protected] and [email protected]. This process is intended to provide an opportunity to correct any errors; it is not an opportunity to relitigate the issues which have already been determined.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWCFB 5307.

2 2019 FWCFB 6077.

3 [2020] FWCFB 5307 at [23]; [95] – [116].

4 [2020] FWCFB 5307 at [103] – [105] and [113] – [115].

5 See PR723907 and PR723900.

6 See clauses 11.5, 28.2(b), 28.3(a); 28.4 and 28.7 of the Graphic Arts Award and clauses 10.5, 23.1(d) and 23.1(f) of the Food Manufacturing Award.

7 PR718998 and PR719044.

8 See clause 26.3(a) and B.2.1 of the Graphic Arts Award and clauses 20.3(a); 20.3(f)(v) and C.2.1 of the Food Manufacturing Award.

CaseChat Overview and Summary

The case involved a review of two modern awards by the Fair Work Commission, focusing on the Graphic Arts, Printing and Publishing Award 2010 and the Food, Beverage and Tobacco Manufacturing Award 2010. The review, mandated every four years, was initiated to ensure the awards remained current and reflective of the industry standards and economic conditions. The dispute arose from the process of finalising the Exposure Drafts and the subsequent variation determinations for these awards, specifically Tranche 3. The Fair Work Commission was tasked with examining the proposed changes and determining their appropriateness and fairness.

The legal issues before the court involved the procedural fairness of the review process and the substantive changes proposed in the Exposure Drafts. The court had to consider whether the Commission had adequately consulted with stakeholders, including employers and employees, and whether the changes proposed were justified and reasonable. Additionally, the court needed to determine if the Commission had considered all relevant economic and industry factors in making its determinations.

The Fair Work Commission concluded that the review process was conducted with procedural fairness, as evidenced by the extensive consultation with relevant parties. The Commission found that the proposed changes in the Exposure Drafts were justified based on economic conditions, industry practices, and the need to ensure fair and sustainable awards. The court upheld the Commission's determinations, affirming that the changes were reasonable and in line with the objectives of the modern awards system. The final orders confirmed the variation determinations for both awards, ensuring they reflect current industry standards and conditions.

4 yearly review of modern awards – Graphic Arts, Printing and Publishing Award 2010 and Food, Beverage and Tobacco Manufacturing Award 2010

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established