| [2020] FWCFB 1450 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 Yearly Review of Modern Awards—Seagoing Industry Award 2010, Ports, Harbours and Enclosed Water Vessels Award 2010, Marine Towage Award 2010
(AM2016/5)
VICE PRESIDENT HATCHER | SYDNEY, 24 MARCH 2020 |
4 yearly review of modern awards – Seagoing Industry Award 2010, Ports, Harbours and Enclosed Water Vessels Award 2010, Marine Towage Award 2010
[1] On 24 December 2019 we published a decision together with final draft determinations 1 which sought to resolve an long-running issue concerning the interaction of the coverage provisions of the Seagoing Industry Award 2010 (Seagoing Award), the Ports, Harbours and Enclosed Water Vessels Award 2010 (Ports Award) and the Marine Towage Award 2010 (Marine Towage Award). In the decision we provided interested parties with a “final opportunity” to comment upon these draft determinations by 31 January 2020.
[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) filed a submission on 7 February 2020, having obtained an extension of time to do so. This was the only submission filed. The CFMMEU’s submission did not comment upon the draft determinations but rather raised a wholly new issue concerning the interaction between the coverage of the Ports Award and the Marine Tourism and Charter Vessels Award 2010 (Marine Tourism Award). Its submissions contained a proposed variation to clause 4 of the Marine Tourism Award.
[3] As no issue has been taken with the draft determinations published with our 24 December 2019 decision, we will proceed to vary the Seagoing Award, the Ports Award and the Marine Towage Award consistent with those draft determinations. The variations will take effect on 1 May 2020. Final variation determinations are published in conjunction with this decision.
[4] We do not propose to deal with the CFMMEU’s submission concerning the Marine Tourism Award, which as stated raises an issue not raised before in this proceeding and concerns an award that is beyond the remit of this Full Bench. If the CFMMEU wishes to pursue this issue further, it should file an application to vary the Marine Tourism Award.
VICE PRESIDENT
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- AGLC
- 4 Yearly Review of Modern Awards—Seagoing Industry Award 2010, Ports, Harbours and Enclosed Water Vessels Award 2010, Marine Towage Award 2010 [2020] FWCFB 1450
- Case
- [2020] FWCFB 1450
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission required an assessment of whether the current awards were fair and reasonable in light of the evidence presented. This involved determining if the awards adequately protected workers' rights and interests, and if any changes were necessary to ensure they remained relevant and effective. The Commission also had to consider the impact of any proposed changes on the industry's competitiveness and the broader economy.
In its decision, the Commission carefully considered the submissions from both the government and the unions. It evaluated the economic evidence, industry data, and the implications of potential changes. The Commission found that while some adjustments were necessary to maintain fairness and relevance, others were not supported by the evidence. The result was a series of amendments that balanced the needs of workers with the practicalities of operating in a competitive industry. The Commission's final orders included specific changes to wage rates, allowances, and working conditions, reflecting its comprehensive review of the evidence and arguments presented.
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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