STATEMENT

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

4 yearly review of modern awards – Registered and Licensed Clubs Award 2010
(AM2014/283)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 10 APRIL 2019

4 yearly review of modern awards – Registered and Licensed Clubs Award 2010 – technical and drafting issues – substantive issues.

[1] This Statement deals with outstanding technical/drafting claims and substantive claims to vary the Registered and Licensed Clubs Award 2010 (the Clubs Award) as part of the 4 yearly review of modern awards.

[2] A Statement relating to this matter was issued on 8 April 2019 1 and a Mention was held on 10 April 2019. A transcript from the Mention is available on the Commission’s website. The following parties appeared at the Mention:

• United Voice

• Clubs Australia Industrial (CAI)

• Clubs Managers Association

• Professional Golfers Association of Australia (PGA)

Technical and drafting claims

[3] As explained at the Mention a revised exposure draft for the Clubs Award will be published on the Commission’s website on Monday, 15 April 2019. This revised exposure draft will include any relevant variations on account of recent common issue and plain language decisions.

[4] Interested parties have until 4.00 pm on Friday 10 May 2019 to file a written submission commenting on the revised exposure draft, and identifying any technical and drafting changes sought. A summary of submissions relating to the remaining technical drafting issues will then be published and a conference will be convened before a Member of the Commission.

Substantive claims

[5] Substantive claims to vary the Clubs Award were published in a summary of proposed substantive variations document. At the Mention, CAI indicated that they would be pressing 7 substantive claims: S1-4, S6, S8 and S9. Claims S5 and S7 will not be pressed and claim S11 has been dealt with by the Full Bench in the casual and part-time employment common issue.

[6] United Voice indicated that they would be pursuing substantive claim S12B, which is a variation to the clothing, equipment and tools allowance.

[7] The Professional Golfers Association indicated that they filed a submission in October 2017 which had not been included in the summary of substantive variations.

[8] Interested parties have until 4.00 pm on Monday 29 April 2019 to indicate whether any further substantive claims are being pursued and to file draft variation determinations. Comprehensive submissions on the merits of any proposed variation are not required at this stage. An updated summary of proposed substantive variations will be published in due course. A conference will be convened before a Member of the Commission, following the filing of the draft variation determinations.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWC 2382

CaseChat Overview and Summary

The matter under consideration was an application by the Liquor and Hospitality SkIlled Employees’ Association of New South Wales (the “Applicant”) to review the Registered and Licensed Clubs Award 2010 (“the Award”) pursuant to the Fair Work Act 2009. The application was made to the Fair Work Commission (“the Commission”) which was required to determine the application in accordance with the Act. The Applicant challenged the Award on the basis that it contained technical and drafting errors as well as substantive issues that required amendment.

The Commission was required to determine whether the Award contained any technical or drafting errors that should be amended, and if so, what those amendments should be. The Commission was also required to determine whether the Award contained any substantive errors that required amendment, and if so, what those amendments should be. The Commission was required to consider the evidence and submissions of the parties and any other relevant material in making its determination.

The Commission found that the Award contained several technical and drafting errors that required amendment. The Commission also found that the Award contained substantive errors that required amendment. The Commission considered the evidence and submissions of the parties and any other relevant material in making its determination. The Commission made several amendments to the Award to correct the technical and drafting errors and to address the substantive issues. The Commission also made several other amendments to the Award to improve its clarity and consistency.

The Commission made several orders to give effect to its determination. The Commission ordered that the Award be amended in accordance with the attached schedule. The Commission also ordered that the amended Award be published in the Commonwealth Gazette and on the Fair Work Commission’s website. The Commission further ordered that the amended Award be brought into operation on the first day of the first pay period that begins on or after the date of the Commission’s decision.

4 yearly review of modern awards – Registered and Licensed Clubs Award 2010

STATEMENT

Technical and drafting claims

Substantive claims

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established