4 yearly review of modern awards–Payment of wages

[2020] FWC 1205

[2020] FWC 1205

FAIR WORK COMMISSION

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, 5 MARCH 2020

4 yearly review of modern awards – common issue – payment of wages – payments on termination – mention listed.

[1] This statement deals with the payment of wages on termination model term.

[2] Applications have been made by Australian Industry Group (Ai Group), Australian Business Industrial (ABI) and NatRoad to insert the model term in the following 17 modern awards:

•  Aged Care Award 2010

•  Black Coal Mining Industry Award 2010

•  Building and Construction General On-site Award 2010

•  Business Equipment Award 2010

•  Dry Cleaning and Laundry Industry Award 2010

•  Electrical, Electronic and Communications Contracting Award 2010

•  Food, Beverage and Tobacco Manufacturing Award 2010

•  Graphic Arts, Printing and Publishing Award 2010

•  Manufacturing and Associated Industries and Occupations Award 2010

•  Meat Industry Award 2010

•  Mobile Crane Hiring Award 2010

•  Passenger Vehicle Transportation Award 2010

•  Plumbing and Fire Sprinklers Award 2010

•  Road Transport and Distribution Award 2010

•  Road Transport (Long Distance Operations) Award 2010

•  Seafood Processing Award 2010

•  Supported Employment Services Award 2010

[3] In a decision issued on 26 July 2019 1, the Payment of Wages Full Bench noted that parties had not yet had the opportunity to make submissions and adduce evidence in relation to these applications and accordingly, the applicants were invited to file submissions and any evidence in support of the applications by 4pm on 21 August 2019. In accordance with these directions submissions were received from:

•  ABI 2

•  Ai Group 3

•  HIA 4

•  NatRoad 5

[4] In a further decision on 23 August 2019, 6 (August 2019 decision) interested parties were invited to file submissions and evidence in reply by 4pm on 25 September 2019. The following submissions were received:

•  AMWU 7

•  CEPU 8

•  CFMMEU–Construction 9

•  CFMMEU–Manufacturing 10

•  CFMMEU–Mining 11

•  Master Builders Australia 12

•  Master Plumbers Australia 13

[5] It appears that no reply submissions have been filed in respect of the applications to vary the following awards:

•  Aged Care Award 2010

•  Meat Industry Award 2010

•  Passenger Vehicle Transportation Award 2010

•  Road Transport and Distribution Award 2010

•  Road Transport (Long Distance Operations) Award 2010

•  Seafood Processing Award 2010

•  Supported Employment Services Award 2010

[6] In the August 2019 decision, the Full Bench said that a mention would be listed in due course.

[7] A mention will be listed before me at 1.00 pm on Thursday 12 March 2020 in Sydney. The purpose of the mention will be:

1. To confirm that the list of submissions set out at [3] and [4] above is accurate;

2. To determine whether any party wishes to make any further submissions or adduce any further evidence;

3. To determine whether an oral hearing is required in respect of any of the matters that are the subject of an application to vary.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWCFB 5868

 2   ABI submission, 21 August 2019

 3   Ai Group submission, 21 August 2019

 4   HIA submission, 21 August 2019

 5   NatRoad submission and witness statement, 21 August 2019

 6   [2019] FWCFB 5868

 7   AMWU submission, 25 September 2019

 8   CEPU submission, 25 September 2019

 9   CFMMEU –Construction submission, 25 September 2019

 10   CFMMEU–Manufacturing submission, 30 September 2019

 11   CFMMEU–Mining submission, 25 September 2019

 12   MBA submission, 25 September 2019

 13   MPA submission, 25 September 2019