STATEMENT AND DIRECTIONS

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

4 yearly review of modern awards—Pastoral Award 2010
(AM2014/239)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 30 APRIL 2015

4 yearly review of modern awards – Pastoral Award 2010.

[1] A Statement issued on 23 January 2015 1 dealt with the programming of group 3 and 4 awards as part of the 4 yearly review of modern awards (the Review). Initial conferences were held on 18 November 2014 and 30 March 2015 in relation to the group 3 awards. Parties were provided an opportunity to identify the nature of any changes they intend to propose during the review of group 3 awards prior to the 30 March 2015 conference. The Commission published a summary of proposed variations in relation to each of the group 3 awards.

[2] A Mention was held on 29 April 2015 to discuss scheduling issues relating the Pastoral Industry Award 2010. The purpose of this statement is to detail the initial process for dealing with these claims.

[3] Parties are directed to file proposed draft determinations by no later than 4.00 pm on Thursday, 4 June 2015 outlining each variation they are seeking to the award during the Review. The matter will then be listed for a further mention and programming at 10.00 am on Thursday, 11 June 2015.

[4] Parties are encouraged to have discussions among themselves with a view to reaching agreement in relation to the respective claims and/or narrowing the issues in dispute. Parties are also asked to provide the Commission with a set of agreed draft directions as to how the matter should be heard and determined, taking into account any seasonal matters. Any proposed directions are to be filed by Thursday, 4 June 2015. Following the mention on 11 June 2015 the Commission will set down a final program for the hearing and determination of these matters.

PRESIDENT

1 [2015] FWC 618

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CaseChat Overview and Summary

The Fair Work Commission was engaged in the 4 yearly review of modern awards, specifically concerning the Pastoral Award 2010. The matter was addressed in a mention held on 29 April 2015, where scheduling issues relating to the award were discussed. The Commission was tasked with overseeing the review process, including the identification and implementation of proposed changes to the award.

The central legal issues before the Commission involved the procedural aspects of the review process, particularly the scheduling and programming of the claims, and ensuring that the review was conducted in a manner that was both efficient and effective. The Commission needed to balance the interests of all parties involved, including employers, employees, and industry representatives, while adhering to the statutory requirements set out in the Fair Work Act 2009.

The Commission outlined a structured process for the review, directing parties to file proposed draft determinations by a specified deadline. This was followed by a mention where the Commission would discuss the scheduling and programming of the claims. The Commission encouraged parties to engage in discussions to reach agreements or narrow the issues in dispute. Draft directions on how the matter should be heard and determined were also requested, with the aim of accommodating any seasonal considerations. The final program for the hearing and determination of the matters would be set following the mention on 11 June 2015.

In conclusion, the Commission issued clear directions to guide the parties through the review process. The directions included deadlines for filing proposed draft determinations and a mention to discuss scheduling and programming. The Commission emphasised the importance of parties engaging in discussions to reach agreements or narrow the issues in dispute, and requested draft directions on the hearing and determination process. The final program for the hearing and determination would be set after the mention on 11 June 2015.

4 yearly review of modern awards—Pastoral Award 2010

STATEMENT AND DIRECTIONS

CaseChat Overview and Summary

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