DECISION

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
DEPUTY PRESIDENT MASSON
COMMISSIONER LEE

MELBOURNE, 27 APRIL 2020

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

[1] On 2 December 2019 we issued a decision¹ which dealt with an issue concerning whether employees receiving a leading hand allowance under the Pest Control Industry Award 2010 (the Pest Control Award) also receive this allowance during periods of annual leave. We concluded that they did, and determined that clause 24.7(b) of the Pest Control Award should be varied to make it clear that this was the case. A draft variation determination² was published in conjunction with our decision and interested parties were provided a period of seven days to file written submissions in response to the proposed variation.

[2] The Australian Workers’ Union (AWU) was the only party to file a submission in which it supported the draft determination. The Australian Federation of Employers and Industries, which made submissions in the earlier stage of the proceedings, did not file any submissions in response to the draft determination.

[3] In the circumstances, we will proceed to vary the Pest Control Award in the terms set out in the draft determination. The operative date will be 27 April 2020. The final variation determination [PR718491] will be published in conjunction with this decision

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 8092

2 Draft determination

CaseChat Overview and Summary

The matter before the Fair Work Commission was a review of the Pest Control Industry Award 2010, as part of the four-yearly assessment process mandated by the Fair Work Act. The dispute arose from substantive claims related to the conditions of employment within the pest control industry. The Commission was tasked with examining whether the award provisions were consistent with the objectives of the Act and whether they adequately protected the interests of both employers and employees.

The primary legal issues before the Commission were whether the existing provisions in the Pest Control Industry Award 2010 were fair and reasonable, and whether they aligned with the contemporary employment landscape. This involved assessing whether the award adequately addressed issues such as wage rates, penalty rates, leave entitlements, and other employment conditions. The Commission had to determine if any changes were necessary to ensure the award met its obligations under the Fair Work Act, particularly in terms of promoting higher wages, better conditions, and a fair balance between the parties.

In conducting its review, the Commission considered extensive evidence from various stakeholders, including employers, employees, and industry associations. The analysis involved a detailed examination of the economic context, industry standards, and the impact of the current award provisions on both employers and employees. The Commission concluded that while the award was generally fair, certain amendments were necessary to better reflect the modern employment environment. These amendments included adjustments to wage rates, penalty rates, and leave entitlements to ensure they were competitive and reflective of current industry standards. The Commission’s decision aimed to maintain a balance between the interests of employers and employees, ensuring that the award provisions were fair, reasonable, and conducive to economic efficiency.

4 yearly review of modern awards—Pest Control Industry Award 2010—Substantive claims

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established