STATEMENT

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

4 yearly review of modern awards—plain language re-drafting—current matters
(AM2016/15)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 10 MAY 2019

4 yearly review of modern awards – plain language re-drafting – current matters

1. Introduction

[1] This Statement relates to the matters currently being dealt with by the Plain Language Full Bench, as set out in the Statement issued on 28 February 2019 1 (February statement).

[2] At a conference held on 29 April 2019 to discuss the plain language light-touch process I said that the Commission would publish a summary of submissions received in relation to the range of matters that were identified as being outstanding in the February statement. 2

[3] The summary of submissions will be published with this statement.

[4] Any comments in relation to the accuracy of the summary of submissions should be filed by 4 pm on Monday 20 May 2019 to amod@fwc.gov.au.

[5] The Plain Language Full Bench will determine these matters on the papers, absent a request for an oral hearing filed by 4 pm on Monday 20 May 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR708209

1 [2019] FWCFB 1255

2 Conference transcript, 29 April 2019, PN68

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Education Union and the Australian College of Educators sought an increase in the wages of educators in the Education and Training – Schools (Victorian Public Sector) Enterprise Agreement 2017. The Commission was required to consider the submissions of the applicants and the Australian Government. The legal issues to be resolved were whether the applicants had demonstrated that the proposed changes would lead to a fairer and more efficient workplace and whether the changes would be consistent with the objectives of the Fair Work Act. The Commission found that the applicants had not demonstrated that the proposed changes would lead to a fairer and more efficient workplace, and that the changes were not consistent with the objectives of the Fair Work Act. The Commission rejected the applicants’ submissions and found that the current award was fair and reasonable. The Commission also found that the applicants had not demonstrated that the proposed changes would be beneficial to the employees or the employers. The Commission dismissed the application and made no orders.

4 yearly review of modern awards—plain language re-drafting—current matters

STATEMENT

1. Introduction

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established