4 yearly review of modern awards—National Training Wage—Award Specific Schedules

The parties involved in the dispute were the Australian Building and Construction Commission (ABCC) and the Australian Council of Trade Unions (ACTU). The nature of the dispute was a review of the modern awards, specifically the National Training Wage and the plain language Building and Construction General On-site Award 2020. The court that presided over the case was the Fair Work Commission. The legal issues that the court was required to decide were whether the proposed changes to the modern awards, which were put forward by the ABCC, were consistent with the Fair Work Act 2009, and whether the changes were in the best interests of the employees.

The court found that the changes proposed by the ABCC were inconsistent with the Fair Work Act, as they did not comply with the requirement to ensure that the modern awards were expressed in plain language. The court also found that the changes were not in the best interests of the employees, as they would result in a reduction in the minimum wage for apprentices and trainees. The court concluded that the proposed changes should not be made, and that the existing modern awards should remain in place. The court also found that the ABCC had failed to properly consult with the relevant stakeholders, including the unions, before proposing the changes.

The final orders made by the court were that the proposed changes to the modern awards should not be made, and that the existing modern awards should remain in place. The court also ordered that the ABCC should consult with the relevant stakeholders, including the unions, before proposing any further changes to the modern awards. The court found that the ABCC had acted unreasonably in failing to properly consult with the relevant stakeholders, and that this was a factor that should be taken into account when considering the reasonableness of the proposed changes. The court also found that the unions had acted reasonably in opposing the proposed changes, as they were concerned that the changes would result in a reduction in the minimum wage for apprentices and trainees.