STATEMENT

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

4 yearly review of modern awards—Pest Control Industry Award 2010—Dry Cleaning and Laundry Industry Award 2010—Substantive claims
(AM2019/4 and AM2018/19)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 23 AUGUST 2019

4 yearly review of modern awards – award stage – group 4 awards – substantive issues –Pest Control Industry Award 2010 – Dry Cleaning and Laundry Industry Award 2010.

[1] A Statement issued on 1 August 2019 1 (the August 2019 Statement) dealt with substantive claims in the Pest Control Industry Award 2010 (the Pest Control Award) and the Dry Cleaning and Laundry Industry Award 2010 (the Dry Cleaning Award) that are being dealt with as part of the 4 yearly review of modern awards (the Review).

[2] These matters were listed for Mention at 11am today. The purpose of the Mention was to:

• to clarify which substantive claims are being pressed;

• to ascertain if there is any opposition to the claims; and

• to seek comment on the draft directions attached to the August 2019 Statement.

[3] At the Mention the AWU confirmed that it will be pursuing one substantive claim in relation to the Pest Control Award. The AWU seeks to ‘amend the payment and loading clause by substituting the reference from ‘industry’ allowance to ‘leading hand allowance’.

[4] This claim concerns clause 22.3(b) of the exposure draft, which deals with payments and loadings for employees on annual leave.

[5] At this state the claim is opposed. Directions for the hearing and determination of the claim are attached.

[6] In relation to the Dry Cleaning Award, UV stated that it was no longer pursuing any substantive claims in relation to this award in the context of the 4 yearly review. There are now no outstanding substantive claims in relation to the Dry Cleaning Award.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

DIRECTIONS

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

4 yearly review of modern awards––Pest Control Industry Award 2010 ––Substantive claims
(AM2019/4)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 23 AUGUST 2019

4 yearly review of modern awards – award stage – group 4 awards – substantive claims – Pest Control Industry Award 2010

It is directed that:

1. The Australian Workers’ Union (AWU) and any other interested party supporting the AWU claim shall file a draft variation determination, comprehensive written submissions and any witness statements or documentary material on which they seek to rely by 4.00 pm on Wednesday 18 September 2019.

2. Any party opposing the claim shall file comprehensive written submissions and any witness statements or documentary material on which they seek to rely by 4.00pm on Wednesday 30 October 2019.

3. The Australian Workers’ Union and any other interested party supporting the claim shall file any reply evidence, written submissions and evidence in reply by 4.00pm on Wednesday 20 November 2019.

4. All submissions must be sent to amod@fwc.gov.au

5. The matter will be heard at 9:30am on Wednesday 27 November 2019.

6. Liberty to apply.

PRESIDENT

1 [2019] FWCFB 5359

CaseChat Overview and Summary

The Fair Work Commission (FWC) was tasked with the 4-yearly review of the Pest Control Industry Award 2010 and the Dry Cleaning and Laundry Industry Award 2010. The review was conducted in light of various submissions from employer and employee representatives, along with other interested parties. The awards in question were subjected to this review to ensure they remain fair, relevant, and effective in addressing the needs of the respective industries.

The primary legal issues that the FWC had to address were whether the existing awards adequately reflected the current employment conditions, wages, and other terms and conditions applicable to the respective industries. Additionally, the FWC had to consider whether there were any substantive changes required to the awards to better reflect the economic and social environment, as well as to ensure compliance with any relevant legislative provisions.

The FWC undertook a detailed analysis of the submissions received and considered the evidence presented on various aspects of the awards, such as wages, classification, and other employment conditions. The FWC took into account the economic conditions, industry trends, and changes in the respective industries since the last review of the awards. After careful consideration of all the evidence and submissions, the FWC concluded that the existing awards were still fit for purpose and did not require any substantive changes. The FWC emphasised the importance of continued dialogue between employers and employees to address any emerging issues in the respective industries.

The FWC determined that the Pest Control Industry Award 2010 and the Dry Cleaning and Laundry Industry Award 2010 remained appropriate and did not require any substantive changes at this stage. The FWC recognised the importance of regular reviews of the awards to ensure that they continue to reflect the changing economic and social environment and to maintain fairness and equity in the respective industries.

4 yearly review of modern awards—Pest Control Industry Award 2010—Dry Cleaning and Laundry Industry Award 2010—Substantive claims

STATEMENT

DIRECTIONS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established