4 yearly review of modern awards – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010 Summary

[2018] FWC 5779

FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS

Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010

(AM2017/59 and AM2017/57)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 19 SEPTEMBER 2018

Review of the Restaurant Industry Award 2010 – substantive issues – directions.

On 21 May 2018 Directions[1] were issued for the filing of submissions and evidence. The Directions were varied on 3 July[2] and the varied directions were as follows:

1. Any party seeking variations shall file written submissions and any witness statements and/or documentary material by 4.00 pm Tuesday 24 July 2018.

2. Any interested party is to file written submissions in reply and any witness statements and/or documentary material by 4.00 pm Tuesday 14 September 2018.

3. The matter is listed for further directions at 1.00 pm Monday 17 September 2018.

4. The matter will be listed for hearing in October 2018. Dates will be confirmed in due course.

5. All submissions and evidence shall be sent to amod@fwc.gov.au

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

Directions 1 and 2 were varied again, on 20 July 2018,[3] as follows:

1. Any party seeking variations shall file written submissions and any witness statements and/or documentary material by 4.00 pm Tuesday 24 July 2018.

2. Any interested party is to file written submissions in reply and any witness statements and/or documentary material by 4.00pm Tuesday 18 September 2018.

In compliance with these directions, United Voice filed a submission on 21 July 2018.[4]

Restaurant and Catering Industrial (RCI) filed its submissions and evidence[5] on 24 July 2018. Those documents were sent to a Commission Chambers address rather than the address listed in the Directions for receipt of submissions. Regrettably, the documents were overlooked and were not published to the website until 12 September 2018.

On 12 September 2018 United Voice filed correspondence[6] objecting to the filing of the RCI submissions. United Voice objected on the basis that the submissions were not filed in accordance with the Directions and therefore it would not allow interested parties sufficient time to prepare for both reply submissions and a hearing in October.

The Directions of 20 July 2018 provided that any interested party was to file written submissions and any witness statements and/or documentary material in reply by 4.00pm Tuesday 18 August 2018 (Direction 2). Interested parties will be given an extension of time to file reply submissions, following the late publication of the RCI submission and evidence.

Next steps

The Mention listed for 1.00 pm Friday 28 September 2018 is vacated.

The Amended Directions of 20 July 2018 are varied to:

2. Any interested party is to file written submissions and any witness statements and/or documentary material in reply by 4.00 pm Friday 2 November 2018.

3. The matter is listed for further directions at 10.00 am Friday 9 November 2018.

4. The matter will be listed for hearing during the week commencing 26 November 2018. Dates will be confirmed in due course.

5. All submissions and evidence shall be sent to amod@fwc.gov.au.

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

This matter was due to be heard in conjunction with the Hospitality Industry Award 2010 – substantive issues matter (AM2017/57). The matters will remain listed together. Notices of Listing will be issued accordingly.

PRESIDENT

[1] Directions – 21 May 2018.

[2] Amended Directions – 3 July 2018.

[3] Amended Directions – 20 July 2018.

[4] United Voice submission, 24 July 2018.

[5] RCI – submission and witness statements, 24 July 2018.

[6] United Voice – correspondence, 12 September 2018.

Printed by authority of the Commonwealth Government Printer

This case involved the 4 yearly review of the Restaurant Industry Award 2010 and the Hospitality Industry (General) Award 2010. The parties to the case were United Voice and Restaurant and Catering Industrial (RCI). The dispute arose due to a failure by RCI to file their submissions in accordance with the directions issued by the Fair Work Commission. The Fair Work Commission was responsible for overseeing the review of the awards and issuing directions to the parties involved.

The legal issues that the court was required to decide related to the directions issued for the filing of submissions and evidence. The court had to consider whether the directions were complied with and whether any variations to the directions were necessary. The court also had to consider the impact of the late publication of the RCI submissions on the timeline for the review process.

The court's reasoning and outcome were that the Amended Directions of 20 July 2018 were varied to provide an extension of time for interested parties to file reply submissions. The court also varied the date for the next directions hearing and the hearing of the matter. The court considered that the late publication of the RCI submissions would have an impact on the timeline for the review process and therefore granted an extension of time for reply submissions.

This case highlights the importance of strict compliance with the directions issued by the Fair Work Commission in the review process of modern awards. Failure to comply with the directions can have significant consequences for the parties involved and the timeline for the review process. The court's decision to grant an extension of time for reply submissions demonstrates its willingness to ensure that the review process is fair and just for all parties involved.

4 yearly review of modern awards – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established