4 yearly review of modern awards – Pastoral Award 2010

Case

[2020] FWCFB 801

18 FEBRUARY 2020


Details
AGLC Case Decision Date
4 yearly review of modern awards – Pastoral Award 2010 [2020] FWCFB 801 [2020] FWCFB 801 18 FEBRUARY 2020

CaseChat Overview and Summary

The Fair Work Commission conducted a four-yearly review of the Pastoral Award 2010. The review centred on the provisions concerning meal breaks. The review was initiated by the Rural and Regional Affairs and Transport References Committee, which recommended the review to the Commission. The decision of the Commission was issued in a written determination, which included reasons for the decision. The Commission was required to determine whether the current meal break provisions were appropriate and to make any changes deemed necessary.

The key legal issue before the Commission was whether the current meal break provisions in the Pastoral Award were appropriate. The Commission needed to consider whether the current provisions provided adequate protection for employees' meal break rights and whether the provisions were consistent with the objects of the Fair Work Act 2009. The Commission also needed to consider the evidence presented by the parties and to balance the interests of employers and employees.

The Commission found that the current meal break provisions in the Pastoral Award were appropriate and did not require any changes. The Commission noted that the current provisions provided adequate protection for employees' meal break rights and were consistent with the objects of the Fair Work Act. The Commission also found that the evidence presented did not demonstrate that the current provisions were inconsistent with contemporary community standards or were not achieving their intended purpose. The Commission considered that the current provisions provided a fair balance between the interests of employers and employees. The Commission made no changes to the meal break provisions in the Pastoral Award.

No further orders were made by the Commission. The Pastoral Award 2010 remains in force, with the meal break provisions unchanged. The decision of the Commission is final and binding on the parties.
Details

Areas of Law

  • Labour Law

Legal Concepts

  • Breach of Contract

  • Implied Terms

  • Unjust Enrichment

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Cases Citing This Decision

4