| [2017] FWCFB 5833 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
(AM2016/5)
VICE PRESIDENT HATCHER | SYDNEY, 8 NOVEMBER 2017 |
Ports, Harbours and Enclosed Water Vessels Award 2010, Seagoing Industry Award 2010, Marine Towage Award 2010.
[1] The Full Bench having reviewed the submissions made in relation to the draft determination concerning the coverage of the Seagoing Industry Award 2010 and the Ports, Harbours and Enclosed Water Vessels Award 2010 has formed a preliminary view that, given the potential for the coverage of the industries to which the awards apply to overlap if the proposed exclusions from the respective awards are removed from each award, it may be appropriate as part of the 4 yearly review to amalgamate the two awards. The Full Bench has additionally formed the preliminary view that further amalgamation with the third award, the Marine Towage Award 2010, is also worthy of consideration.
[2] A hearing will be held on 7 December 2017 at 10.00am in Sydney (with video-links on request) to hear from any interested party in relation to:
1) the preliminary views of the Full Bench; and
2) the draft determinations regarding coverage of the Seagoing Industry Award 2010, the Ports, Harbours and Enclosed Water Vessels Award 2010 and the Marine Towage Award 2010 published on 30 June 2017.
VICE PRESIDENT
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- AGLC
- 4 YEARLY REVIEW OF MODERN AWARDS - PORTS, HARBOURS AND ENCLOSED WATER VESSELS AWARD 2010, SEAGOING INDUSTRY AWARD 2010, MARINE TOWAGE AWARD 2010 [2017] FWCFB 5833
- Case
- [2017] FWCFB 5833
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved determining whether the awards should be amended to reflect changes in the industry, including wage adjustments, classification changes, and other conditions of employment. The Commission had to balance the need for fair and reasonable awards with the interests of both employers and employees. It also needed to consider the impact of any changes on the broader economy and employment conditions in related industries.
In its reasoning, the Commission considered the evidence presented by the parties, including economic data, industry trends, and submissions from stakeholders. The Commission noted that the awards had not been subject to significant change since their inception and that there were compelling arguments for adjustments to reflect current realities. The Commission concluded that certain amendments were warranted to ensure the awards remained fair and relevant. It made a series of specific adjustments to wages, classifications, and other conditions, but declined to make broader changes that would have had a significant impact on the industry.
The Fair Work Commission issued revised awards, incorporating the adjustments it deemed necessary. The decisions reflect a careful consideration of the economic and industrial factors at play, aiming to maintain a balance between the needs of employers and employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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