4 yearly review of modern awards—Sugar Industry Award 2010

[2020] FWCFB 450

[2020] FWCFB 450

FAIR WORK COMMISSION

DECISION

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

4 yearly review of modern awards—Sugar Industry Award 2010
(AM2017/56)

DEPUTY PRESIDENT ASBURY
DEPUTY PRESIDENT ANDERSON
COMMISSIONER MCKENNA BRISBANE, 29 JANUARY 2020

4 yearly review of modern awards - Sugar Industry Award 2010 - substantive issues.

[1] On 26 March 2019 we issued a decision 1 finalising a number of outstanding substantive issues in review of the Sugar Industry Award 2010 (the Sugar Award). A draft variation determination was issued with the decision and parties were invited to comment on the draft.

[2] A revised draft determination 2 was published on 21 May 2019 which incorporated amendments to the placement of the ‘deeming provision’ for seasonal employees. The Australian Workers’ Union (AWU) made a submission in response to the revised draft which suggested amendments to clause 20.2(f) in relation to piecework rates.

[3] In response to the AWU’s comments, we wrote to the parties on 4 October 2019 and expressed the provisional view that the wording of clause 20.2(f) required clarification. 3 A draft variation determination incorporating the suggestions from the AWU was attached to that correspondence. Parties were again provided an opportunity to comment on the revised draft determination.

[4] On 11 October 2019, we received a submission from the National Farmers’ Federation (NFF). 4 The NFF did not object to the amendments in the 4 October draft determination, however, it suggested that the provision could be further clarified with the inclusion of a formula. The AWU wrote to the Commission on 11 October 2019 and noted that it believed that the amendment proposed by the NFF was unnecessary. However, the AWU suggested further amendments if the NFF proposal was adopted.

[5] On 21 January 2020, we wrote to the parties and expressed the provisional view that there is utility in including a clause containing a formula to clarify the operation of clause 20.2(f). A further revised draft determination incorporating the formula at clause 20.2(g) was attached to our correspondence. 5 Parties were invited to review the amended draft determination and provide any comments by 12:00pm on Tuesday 28 January 2020. We said that if no objections were received, we would proceed to finalise the determination. The NFF wrote to the Commission on 24 January 2020 and confirmed that it has no objection and agreed to the amended draft determination. No other comments were received.

[6] A final variation determination giving effect to our decision of 26 March 2019 and incorporating the subsequent feedback from the parties will be issued with this decision. The determination varying the Sugar Award comes into operation from 10 February 2020. In accordance with s.165(3) of the Fair Work Act 2009 the determination does not take effect until the start of the first full pay period that starts on or after 10 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWCFB 1980

 2   Revised draft determination, 21 May 2019

 3   Correspondence 4 October 2019

 4   NFF submission 11 October 2019

 5   Draft determination 21 January 2020