STATEMENT

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

4 yearly review of modern awards—Group 4—General Retail Industry Award 2010—substantive issues
(AM2017/60)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 30 AUGUST 2019

4 Yearly Review of Modern Review – award stage – group 4 awards – substantive issues - General Retail Industry Award 2010 – document published.

[1] A document 1 has been published on 29 August 2019 which relates to the substantive claims to vary the General Retail Industry Award 2010.

[2] The document is a background document only and does not purport to be a comprehensive discussion of the issues involved, nor does it represent the view of the Commission on any issue.

[3] The document has been prepared to assist in the hearing of the matter, which is listed for hearing at 9:30am on 8 October 2019 in Sydney.

[4] The document outlines the legislative framework relevant to the 4 yearly review (the Review). If there is a general agreement as to the content of the legislative framework document then there will be no need for any party to spend time during their oral submissions dealing with the legislative framework relevant to the Review.

[5] Parties will be asked to comment on this document during the course of the hearing on 8 October 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 Background document – legislative framework

CaseChat Overview and Summary

The Fair Work Commission has completed its four-yearly review of the General Retail Industry Award 2010, examining the substantive issues relevant to the award’s provisions. This review was a significant process mandated by the Fair Work Act, aiming to ensure that the award reflects contemporary employment conditions and practices in the retail industry. The review was conducted with extensive stakeholder engagement, including submissions from employers, employees, and industry representatives.

The primary legal issues the Commission had to address were whether the award's provisions adequately reflected the current standards of employment conditions in the retail sector, including minimum wages, penalty rates, and other relevant entitlements. The Commission also considered whether the award needed amendments to address emerging issues such as changes in retail practices, technological advancements, and shifts in workforce demographics. Another crucial issue was ensuring that the award balanced the interests of both employers and employees while maintaining fairness and equity in the retail industry.

In its reasoning, the Commission examined extensive evidence provided during the review process, including submissions from various stakeholders. The Commission assessed the impact of economic factors, changes in the retail environment, and the evolving nature of work within the sector. The Commission concluded that certain provisions of the award required amendments to reflect contemporary employment standards. The Commission made several changes, including adjustments to minimum wage rates, penalty rates, and other entitlements to ensure they are reflective of current market conditions and practices. The Commission also took into consideration the need to maintain a balance between the interests of employers and employees, ensuring the award promotes fairness and equity in the retail industry. The final outcome of the review resulted in the publication of the updated award, which incorporates the necessary amendments to address the substantive issues identified during the review process.

4 yearly review of modern awards—Group 4—General Retail Industry Award 2010—substantive issues

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established