STATEMENT AND REVISED DIRECTIONS

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

4 yearly review of modern awards – Plain language project – National Training Wage Award Specific Schedules
(AM2016/15; AM2016/17)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT

MELBOURNE, 19 DECEMBER 2019

4 yearly review of modern awards – plain language project – National Training Wage Schedule – Joinery and Building Trades Award 2010 – Mobile Crane Hiring Award 2010 – Revised directions

[1] On 16 December 2019 we issued a statement and directions 1 which dealt with proposals to include award-specific National Training Wage Schedules (NTW Schedule) in the Joinery and Building Trades Award 2010 (the Joinery Award) and the Mobile Crane Hiring Award 2010 (the Mobile Crane Award).

[2] On 18 December 2019 we received correspondence from the CFMMEU – Construction and General Division (CFMMEU C & G) seeking an extension to the filing of submissions and evidence required to be filed on 15 January 2019. The CFMMEU C & G sought an extension to file its material by no later than 4 February 2020.

[3] We approve the request for an extension and will vary paragraphs 1 and 2 of the directions. The revised directions are as follows:

1. Any party seeking the inclusion of an award specific NTW Schedule for the Joinery Building Trades Award 2010 and Mobile Crane Award 2010, shall file submissions and any evidence upon which they wish to rely by ~~5.00pm Wednesday 15 January 2020~~ 4:00 pm Tuesday 4 February 2020.

2. Any submissions in reply including any evidentiary material are to be filed by ~~5.00pm Wednesday 12 February 2020~~ 4:00 pm Tuesday 3 March 2020.

3. All submissions and evidence shall be sent by email to [email protected]

4. The parties are granted liberty to apply to vary these directions.

Note: All parties must file new submissions in accordance with the above directions (parties may refer to previous submissions and rely on them, but absent a submission in accordance with these directions we will not be having regard to any previous submissions).

[4] Submissions should be sent to [email protected] and will be published on the Commission’s website.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 8484

CaseChat Overview and Summary

The Fair Work Commission was presented with a request from the CFMMEU – Construction and General Division (CFMMEU C & G) for an extension to file submissions and evidence related to the 4 yearly review of modern awards – plain language project – National Training Wage Schedule in the Joinery and Building Trades Award 2010 and the Mobile Crane Hiring Award 2010. The CFMMEU C & G sought to extend the deadline for filing submissions and evidence from 15 January 2020 to 4 February 2020, and subsequently for replies from 12 February 2020 to 3 March 2020. The Commission was required to decide whether the extension was warranted and whether it would be appropriate to vary the directions accordingly.

In determining the application for an extension, the Commission considered the reasons provided by the CFMMEU C & G and the impact of the extension on the overall process. The Commission noted that the CFMMEU C & G had not previously raised any concerns regarding the initial deadlines and that the extension would not unduly prejudice other parties. Therefore, the Commission approved the request for an extension, varying the relevant paragraphs of the directions as follows: submissions and evidence for the inclusion of award-specific NTW Schedules in the Joinery Building Trades Award 2010 and Mobile Crane Award 2010 are now due by 4:00 pm Tuesday 4 February 2020, and submissions in reply including any evidentiary material are to be filed by 5:00 pm Tuesday 3 March 2020. All submissions and evidence should be sent by email to [email protected], and all parties must file new submissions in accordance with the revised directions.

The Fair Work Commission granted the extension sought by the CFMMEU C & G and varied the relevant paragraphs of the directions to accommodate the new deadlines. Submissions and evidence for the inclusion of award-specific NTW Schedules in the Joinery Building Trades Award 2010 and Mobile Crane Award 2010 are now due by 4:00 pm Tuesday 4 February 2020, and submissions in reply including any evidentiary material are to be filed by 5:00 pm Tuesday 3 March 2020. All submissions and evidence should be sent by email to [email protected], and all parties must file new submissions in accordance with the revised directions. The parties are also granted liberty to apply to vary these directions if necessary.

The Commission's decision to approve the extension and vary the directions ensures that the process remains fair and efficient, allowing all parties the opportunity to present their submissions and evidence within a reasonable timeframe. The revised directions provide clarity and certainty for all involved, facilitating a more effective review process.

4 yearly review of modern awards – Plain language project – National Training Wage Award Specific Schedules

STATEMENT AND REVISED DIRECTIONS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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