4 yearly review of modern awards—Plain language pilot—Group 4 awards

Case •

[2016] FWC 2924

•

10 MAY 2016

No judgment structure available for this case.
[2016] FWC 2924
FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS


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

4 yearly review of modern awards—Plain language pilot—Group 4 awards
(AM2014/250 and others)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 10 MAY 2016

4 yearly review of modern awards – award stage – plain language pilot – Group 4 awards

[1] Section 156 of the Fair Work Act 2009 (the Act) requires the Fair Work Commission (the Commission) to review all modern awards every four years. In conducting a 4 yearly review the Commission must have regard to the modern awards objective, including “the need to ensure a simple, easy to understand, stable and sustainable modern award system for Australia that avoids unnecessary overlap of modern awards.” 1

[2] Having regard to this objective, as part of the current 4 yearly review of modern awards (the Review) the Commission has produced a plain language exposure draft of the Pharmacy Industry Award 2010. 2

[3] The Commission is also considering whether exposure drafts for a number of other modern awards should be reviewed or prepared using plain language principles. In a Statement issued on 6 May 2016 it was proposed that plain language exposure drafts will be prepared for the following Group 3 and Group 4 modern awards:


Group 3 Clerks – Private Sector Award 2010

Group 4 General Retail Industry Award 2010

Hospitality Industry (General) Award 2010

Restaurant Industry Award 2010

Group 4 awards

[4] Further to the Statement issued on 23 March 2016 3 the timetable for publishing the Group 4 exposure drafts has been amended slightly. These exposure drafts will incorporate some of the changes to the structure of awards recommended in the Plain language report as outlined in Attachment A.

[5] The dates for Group 4 matters are amended as follows:

Group 4 Awards

2016

April

By 20 May

Group 4A, B and C exposure drafts to be published.

23 30 June

Submissions on drafting and technical issues in 4A, B and C exposure drafts

14 21 July

Submissions in reply on drafting and technical issues in 4A, B and C exposure drafts

May

By 31 July

Group 4D, E and F exposure drafts (other than those being dealt with as part of Plain language exercise) to be published.

Late August

Hearings re drafting and technical issues in Group 4A, B and C awards 4

21 July

29 September

Submissions on drafting and technical issues in 4D, E and F exposure drafts (other than those being dealt with as part of Plain language exercise)

18 August

20 October

Submissions in reply on drafting and technical issues in 4D, E and F exposure drafts (other than those being dealt with as part of Plain language exercise)

October

November

Hearings re drafting and technical issues in Group 4D, E and F awards

[6] A list of the awards in Group 4 is at Attachment B and Revised directions are set out at Attachment C to this Statement.

[7] If it is decided that plain language drafts of the awards listed in paragraph [4] will be prepared, the timeframe for consultation on drafting and technical issues for these modern awards will be amended. Dates for the publication of plain language drafts of the four identified awards will be issued in due course, along with amended directions for the filing of submissions in relation to these awards.

PRESIDENT

ATTACHMENT A—Changes to structure of Group 4 exposure drafts

Table of Contents (main body of the award only)

Exposure drafts (1)

Plain language draft (2)

Part 1—Application and Operation

Part 1—Application and Operation of this award

1. Title and commencement

1. Title and commencement

Currently Schedule G

2. Definitions

2. The National Employment Standards and this award

3. The National Employment Standards and this award

3. Coverage

4. Coverage

5. Effect of variations made by the Fair Work Commission

4. Award flexibility

6. Award flexibility for individual arrangements

5. Facilitative provisions

7. Facilitative provisions for flexible working practices

Part 2—Types of Employment and Classifications

Part 2—Types of Employment and Classifications

6. Types of employment

8. Types of employment

9. Full-time employment

10. Part-time employment

11. Casual employment

7. Classifications

12. Classifications

Part 3—Hours of Work

Part 3—Hours of Work

8. Ordinary hours of work and rostering

13. Ordinary hours of work

14 Rostering arrangements—full-time and part-time employees

9. Breaks

15. Breaks

Part 4—Wages and Allowances

Part 4—Wages and Allowances

10. Minimum wages

16.Minimum wages

17. Annualised salary (Pharmacists only)

11. Allowances

18. Allowances

12. Superannuation

19. Superannuation

Part 5—Penalties and Overtime

Part 5—Overtime and Penalties Rates

13. Overtime

20. Overtime

14. Penalty rates

21. Penalty rates

Part 6—Leave, Public Holidays and Other NES Entitlements

Part 6—Leave and Public Holidays

15. Annual leave

22. Annual leave

16. Personal/carer’s leave and compassionate leave

23. Personal/carer’s leave and compassionate leave

17. Parental leave and related entitlements

24. Parental leave and related entitlements

18. Public holidays

25. Public holidays

19. Community service leave

26. Community service leave

20. Termination of employment

Moved to Part 8

21. Redundancy

Moved to Part 8

Part 7—Consultation and Dispute Resolution

Part 7—Consultation and Dispute Resolution

22. Consultation

27. Consultation about major workplace change

28. Consultation about changes to rosters or hours of work

23. Dispute resolution

29. Dispute resolution

Part 8—Termination of employment and Redundancy

30. Termination of employment

31. Redundancy

32. Transfer to lower paid job on redundancy

33. Employee leaving during redundancy notice period

34. Job search entitlement

(1) Note this Table of contents is taken from the exposure draft proposed for the Pharmacy Industry Award 2014; not all provisions may be included in other awards

(2) Note this Table of contents is proposed for the plain language exposure draft for the Pharmacy Industry Award 2014; not all provisions may be included in other awards

ATTACHMENT B—Group 4 awards divided by sub-group

    Award code

    Award title

    Matter No.

    Sub-group 4A

    MA000115

    Aboriginal Community Controlled Health Services Award 2010

    AM2014/250

    MA000018

    Aged Care Award 2010

    AM2014/251

    MA000120

    Children’s Services Award 2010

    AM2014/263

    MA000077

    Educational Services (Teachers) Award 2010 i

    AM2014/266

    MA000100

    Social, Community, Home Care and Disability Services Industry Award 2010

    AM2014/285

    MA000103

    Supported Employment Services Award 2010

    AM2014/286

    Sub-group 4B

    MA000046

    Air Pilots Award 2010

    AM2014/252

    MA000047

    Aircraft Cabin Crew Award 2010

    AM2014/253

    MA000048

    Airline Operations—Ground Staff Award 2010

    AM2014/254

    MA000049

    Airport Employees Award 2010

    AM2014/255

    Sub-group 4C

    MA000079

    Architects Award 2010

    AM2014/257

    MA000020

    Building and Construction General On-site Award 2010

    AM2014/260

    MA000025

    Electrical, Electronic and Communications Contracting Award 2010 i

    AM2014/265

    MA000064

    Hydrocarbons Field Geologists Award 2010

    AM2014/273

    MA000029

    Joinery and Building Trades Award 2010

    AM2014/274

    MA000032

    Mobile Crane Hiring Award 2010

    AM2014/278

    MA000036

    Plumbing and Fire Sprinklers Award 2010

    AM2014/280

    MA000066

    Surveying Award 2010

    AM2014/287

    Sub-group 4D

    MA000080

    Amusement, Events and Recreation Award 2010

    AM2014/256

    MA000078

    Book Industry Award 2010

    AM2014/258

    MA000091

    Broadcasting and Recorded Entertainment Award 2010

    AM2014/259

    MA000067

    Journalists Published Media Award 2010

    AM2014/275

    MA000081

    Live Performance Award 2010

    AM2014/276

    MA000013

    Racing Clubs Events Award 2010

    AM2014/282

    MA000102

    Travelling Shows Award 2010

    AM2014/288

    Sub-group 4E

    MA000095

    Car Parking Award 2010

    AM2014/261

    MA000070

    Cemetery Industry Award 2010

    AM2014/262

    MA000073

    Food, Beverage and Tobacco Manufacturing Award 2010

    AM2014/268

    MA000105

    Funeral Industry Award 2010

    AM2014/269

    MA000097

    Pest Control Industry Award 2010

    AM2014/279

    MA000065

    Professional Employees Award 2010

    AM2014/281

    MA000113

    Water Industry Award 2010

    AM2014/289

    Sub-group 4F

    MA000096

    Dry Cleaning and Laundry Industry Award 2010

    AM2014/264

    MA000003

    Fast Food Industry Award 2010

    AM2014/267

    MA000004

    General Retail Industry Award 2010

    AM2014/270

    MA000005

    Hair and Beauty Industry Award 2010

    AM2014/271

    MA000009

    Hospitality Industry (General) Award 2010

    AM2014/272

    MA000117

    Mannequins and Models Award 2010

    AM2014/277

    MA000058

    Registered and Licensed Clubs Award 2010

    AM2014/283

    MA000119

    Restaurant Industry Award 2010

    AM2014/284

i Note the Educational Services (Teachers) Award 2010 and Electrical, Electronic and Communications Contracting Award 2010 were allocated to the wrong sub-groups in the 23 March 2016 statement.


ATTACHMENT C—AMENDED DIRECTIONS

AMENDED DIRECTIONS



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

4 yearly review of modern awards—Group 4 awards
(AM2014/250 and others)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 10 MAY 2016

It is directed that:

Group 4

Sub-groups 4A–4C

1. On or before 4.00 pm on Thursday 30 June 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in sub-groups 4A, 4B and 4C.

2. On or before 4.00 pm on Thursday 21 July 2016 each interested party is to file in the Commission comprehensive written submissions in reply to the technical and drafting issues related to exposure drafts in sub-groups 4A, 4B and 4C.

3. The sub-group 4A, 4B and 4C technical and drafting matters will be listed for hearing before a Full Bench in late-August 2016.

Sub-groups 4D–4F (other than those being dealt with as part of plain language exercise)

4. On or before 4.00 pm on Thursday 29 September 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in sub-groups 4D, 4E and 4F .

5. On or before 4.00 pm on Thursday 20 October 2016 each interested party is to file in the Commission comprehensive written submissions in reply to the technical and drafting issues related to exposure drafts in sub-groups 4D, 4E and 4F.

6. The sub-group 4D, 4E and 4F technical and drafting matters will be listed for hearing before a Full Bench in November 2016.

7. Leave is granted to apply generally.

8. All material should be sent to [email protected].

PRESIDENT

 1   Fair Work Act 2009, s.134(1)(g).

 2   Pharmacy Industry Award 2010 [MA000012]

 3   [2016] FWC 1838

 4   Dates for Full Bench hearings will be issued in due course; in doing so the Commission have regard to the Casual employment and Part-time employment matters (AM2014/196 & 197) that are listed for 15–19 August 2016

Printed by authority of the Commonwealth Government Printer

<Price code C, PR580185>

Actions
Download as PDF Download as Word Document
Cases Cited

1

Statutory Material Cited

0

4 yearly review of modern awards—Award stage [2016] FWC 1838