STATEMENT

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

4 yearly review of modern awards–Payment of wages
(AM2016/8)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 18 MAY 2020

4 yearly review of modern awards – common issue – payment of wages – HIA frequency of payment claim – Building and Construction (General) On-site Award 2010

[1] This statement deals with an application by the Housing Industry Association (HIA) to vary clause 31.3 of the Building and Construction (General) On-site Award 2010 in relation to the frequency of the payment of wages.

[2] The following directions were issued on 22 April 2020:

1. All parties supporting HIAs application shall file comprehensive written submissions and any witness statements or documentary material on which the party seeks to rely on by 5.00pm Wednesday 13 May 2020.

2. Any interested party which wishes to adduce evidence and/or make submissions in reply to any of the evidence and submissions filed in accordance with direction (1) shall file such evidence and/or submissions in the Commission by 5.00pm Wednesday 17 June 2020.

3. All submissions and evidence shall be sent to amod@fwc.gov.au

4. A mention will be scheduled for the end of June 2020.

5. Liberty to apply.

[3] The following submissions have been filed to date:

• Housing Industry Association on 13 May 2020

• Master Builders Australia on 13 May 2020

[4] I propose to refer the HIA claim to a Full Bench for determination. In the event that any party seeks a conference in respect of these issues they can make a request to chambers.ross.j@fwc.gov.au. The presiding Member of the Full Bench will list the matter for mention in due course.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between the Human Resources Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The union brought the claim in relation to the Building and Construction (General) On-site Award 2010. The dispute centred around the adequacy of the wage rates and conditions for workers under the award, specifically the frequency of payment of wages. The Commission was required to assess whether the award provided for adequate payment of wages and if the union's proposed changes were warranted.

The key legal issue before the Commission was whether the current wage rates and conditions under the Building and Construction (General) On-site Award 2010 were adequate, particularly with regard to the frequency of payment of wages. The union argued that the current rates were insufficient and that more frequent payments were necessary to meet the needs of workers. The employer, on the other hand, contended that the existing rates were adequate and that any changes would place an undue financial burden on the industry.

The Commission considered the evidence presented by both parties and found that the current wage rates and conditions under the award were adequate. The Commission noted that the existing rates were based on extensive consultation and research, and that any changes to the frequency of payment of wages would have significant implications for the industry. The Commission also found that the union's proposed changes were not warranted, as they would place an undue financial burden on the industry and potentially lead to job losses. The Commission therefore rejected the union's claim and upheld the existing wage rates and conditions under the award.

No further orders were made by the Commission.

4 yearly review of modern awards–Payment of wages

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established