4 yearly review of modern awards—Group 4 awards
[2016] FWC 5694
•15 AUGUST 2016
| [2016] FWC 5694 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Group 4 awards
(AM2014/250 and others)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 15 AUGUST 2016 |
4 yearly review of modern awards – award stage – Group 4 awards.
[1] Section 156 of the Fair Work Act 2009 (the Act) requires the Fair Work Commission (the Commission) to review all modern awards every four years (the Review). In the Award stage of the Review the 122 modern awards have been divided into 4 groups. The awards allocated to Group 4 are listed at Attachment A to this Statement. As proposed in the 24 February 2016 Statement 1 the 40 awards in Group 4 will be dealt with in two tranches – sub-groups 4A, 4B & 4C and sub-groups 4D, 4E & 4F. A Statement and amended directions were issued on 10 May 20162 outlining the proposed timetable for dealing with the awards in Group 4. A further statement, issued on 15 July 20163, vacated the directions in relation to the Construction awards4 and varied the proposed timetable for the remaining matters.
[2] Due to the resource demands associated with the Review, the timetable for finalising the review of Group 4 awards has been further deferred as set out below.
Group 4A, 4B & 4C
[3] In the February 2016 Statement, claims to vary the provisions in the Construction awards were referred to Senior Deputy President Watson. A number of conciliation conferences were held before Senior Deputy President Watson, most recently on 2 August 2016. The Senior Deputy President has provided a Report which outlines the following process for determining the issues in respect of the Construction Group Awards:
(i) The common claims in the Building and Construction General On-site Award 2010, the Joinery and Building Trades Award 2010 and the Mobile Crane Hiring Award 2010 will be referred to a separately constituted Full Bench for determination and directions will be issued in due course.
(ii) The remaining technical and drafting issues in the 3 awards above will be dealt with in the timetable below.
(iii) The industry-specific redundancy scheme in the Plumbing and Fire Sprinklers Award 2010 will be determined by the Full Bench at the same time it deals with the industry-specific redundancy schemes in the Construction awards.
(iv) The remaining substantive claims in the Plumbing and Fire Sprinklers Award 2010 will be dealt with separately by the Full Bench dealing with 3 awards above.
(v) The technical and drafting issues in the Plumbing and Fire Sprinklers Award 2010 will be dealt with in the Group 4 timetable below.
[4] The amended directions of 10 May 2016 in respect to the Plumbing and Fire Sprinklers Award 2010, were varied to require the filing of submissions in reply by 3 August 2016.
[5] The amended directions of 10 May 2016 also required reply submissions on the drafting and technical issues in relation to groups 4A, 4B and 4C to be filed by 21 July 2016.
[6] These matters will be listed for hearing in November 2016. A notice of listing will follow in due course.
Group 4D, 4E & 4F exposure drafts
[7] In the Statement of 23 March 2016 5 it was proposed that a Full Bench deal with a number of issues in relation to the Broadcasting and Recorded Entertainment Award 2010. Following conferences before Senior Deputy President Hamberger6, these issues have been resolved and the remaining issues in this award will be dealt with by the main Group 4 Full Bench.
[8] The publication of exposure drafts for the awards allocated to Groups 4D, 4E and 4F has been deferred until October 2016. The directions in relation to filing material for these awards have been varied accordingly. The revised timeline for all of Group 4 is as follows:
Group 4 Awards | |
4A, 4B and 4C | |
3 August | Submissions in reply on drafting and technical issues in Plumbing award |
To be advised | Submissions in reply on drafting and technical issues in On-site, Joinery and Mobile Crane awards |
November 2016 | Hearings re drafting and technical issues in Group 4A, B and C awards (except On-site, Joinery and Mobile Crane awards) |
4D, 4E and 4F | |
Mid October 2016 | Group 4D, E and F exposure drafts (other than those being dealt with as part of Plain language exercise 7) to be published. |
21 December 2016 | Submissions on drafting and technical issues in Group 4D, E and F exposure drafts (other than those being dealt with as part of Plain language exercise) |
31 January 2017 | Submissions in reply on drafting and technical issues in Group 4D, E and F exposure drafts (other than those being dealt with as part of Plain language exercise) |
February 2017 | Hearings re drafting and technical issues in 4D, E and F |
[9] Amended directions are attached.
[10] A mention will be held at 1.00pm on Wednesday 24 August 2016 to provide an opportunity for any interested person to raise any issues in respect of the programming of the review of the Group 4 awards, as set out in this statement. The Commission will be sitting in Sydney, requests for video links should be sent to [email protected].
PRESIDENT
ATTACHMENT A—Group 4 awards divided by sub-group
Award code | Award title | Matter No. | |
Sub-group 4A | |||
MA000115 | Aboriginal Community Controlled Health Services Award 2010 | AM2014/250 | |
MA000018 | Aged Care Award 2010 | AM2014/251 | |
MA000120 | Children’s Services Award 2010 | AM2014/263 | |
MA000077 | Educational Services (Teachers) Award 2010 | AM2014/266 | |
MA000100 | Social, Community, Home Care and Disability Services Industry Award 2010 | AM2014/285 | |
MA000103 | Supported Employment Services Award 2010 | AM2014/286 | |
Sub-group 4B | |||
MA000046 | Air Pilots Award 2010 | AM2014/252 | |
MA000047 | Aircraft Cabin Crew Award 2010 | AM2014/253 | |
MA000048 | Airline Operations—Ground Staff Award 2010 | AM2014/254 | |
MA000049 | Airport Employees Award 2010 | AM2014/255 | |
Sub-group 4C | |||
MA000079 | Architects Award 2010 | AM2014/257 | |
MA000020 | Building and Construction General On-site Award 2010 | AM2014/260 | |
MA000025 | Electrical, Electronic and Communications Contracting Award 2010^ | AM2014/265 | |
MA000064 | Hydrocarbons Field Geologists Award 2010 | AM2014/273 | |
MA000029 | Joinery and Building Trades Award 2010 | AM2014/274 | |
MA000032 | Mobile Crane Hiring Award 2010 | AM2014/278 | |
MA000036 | Plumbing and Fire Sprinklers Award 2010 | AM2014/280 | |
MA000066 | Surveying Award 2010 | AM2014/287 | |
Sub-group 4D | |||
MA000080 | Amusement, Events and Recreation Award 2010 | AM2014/256 | |
MA000078 | Book Industry Award 2010 | AM2014/258 | |
MA000091 | Broadcasting and Recorded Entertainment Award 2010 | AM2014/259 | |
MA000067 | Journalists Published Media Award 2010 | AM2014/275 | |
MA000081 | Live Performance Award 2010 | AM2014/276 | |
MA000013 | Racing Clubs Events Award 2010 | AM2014/282 | |
MA000102 | Travelling Shows Award 2010 | AM2014/288 | |
Sub-group 4E | |||
MA000095 | Car Parking Award 2010 | AM2014/261 | |
MA000070 | Cemetery Industry Award 2010 | AM2014/262 | |
MA000073 | Food, Beverage and Tobacco Manufacturing Award 2010 | AM2014/268 | |
MA000105 | Funeral Industry Award 2010 | AM2014/269 | |
MA000097 | Pest Control Industry Award 2010 | AM2014/279 | |
MA000065 | Professional Employees Award 2010 | AM2014/281 | |
MA000113 | Water Industry Award 2010 | AM2014/289 | |
Sub-group 4F | |||
MA000096 | Dry Cleaning and Laundry Industry Award 2010 | AM2014/264 | |
MA000003 | Fast Food Industry Award 2010 | AM2014/267 | |
MA000004 | General Retail Industry Award 2010 | AM2014/270 | |
MA000005 | Hair and Beauty Industry Award 2010 | AM2014/271 | |
MA000009 | Hospitality Industry (General) Award 2010 | AM2014/272 | |
MA000117 | Mannequins and Models Award 2010 | AM2014/277 | |
MA000058 | Registered and Licensed Clubs Award 2010 | AM2014/283 | |
MA000119 | Restaurant Industry Award 2010 | AM2014/284 | |
^ Note the Electrical, Electronic and Communications Contracting Award 2010 was incorrectly allocated to Group 4A in an earlier Statement.
| ATTACHMENT B—REVISED DIRECTIONS |
DIRECTIONS |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Group 4
(AM2014/250 and others)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 15 AUGUST 2016 |
It is directed that:
1. The drafting and technical issues in the Group 4A, 4B and 4C exposure drafts will be listed for hearing in November 2016.
2. On or before 4.00 pm on Wednesday 21 December 2016 each interested party is to file in the Commission submissions on the technical and drafting issues related to exposure drafts in Groups 4D, 4E and 4F (except the awards that are subject to the Plain language process).
3. On or before 4.00 pm on Tuesday 31 January 2017 each interested party is to file in the Commission submissions in reply on the technical and drafting issues related to exposure drafts in Groups 4D, 4E and 4F (except the awards that are subject to the Plain language process).
4. The drafting and technical issues in the Group 4D, 4E and 4F exposure drafts will be listed for hearing in February 2017.
5. All material should be sent to [email protected].
6. Leave is granted to apply generally.
Note: Further directions will be issued in relation to the remaining awards in the Construction group following the determination of the substantive issues in these awards.
PRESIDENT
1 [2016] FWC 1191; see also [2016] FWC 1838
2 [2016] FWC 2924
3 [2016] FWC 4781
4 Building and Construction General On-site Award 2010, Joinery and Building Trades Award 2010, Mobile Crane Hiring Award 2010 and Plumbing and Fire Sprinklers Award 2010
5 [2016] FWC 1838 para [9]]
6 Report to the Full Bench
7 See Statement of 11 August 2016 [2016] FWCFB 5621
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