STATEMENT

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

4 yearly review of modern awards – Telecommunication Services Award 2010
(AM2019/17)

COMMISSIONER BISSETT

MELBOURNE, 18 MAY 2020

Telecommunication Services Award 2010.

[1] On Monday 27 April 2020 the Full Bench issued a decision (April Decision) with respect to the finalisation of exposure drafts for tranche 3 awards. Since that time a number of exposure drafts have been reissued in accordance with the decision with the revised Exposure Draft for the Telecommunications Award 2010 published on 8 May 2020.

[2] In the April Decision the Full Bench indicated that a conference would be convened shortly to discuss matters raised in the decision, in particular:

• Clause 2 – definitions – ordinary hourly rate (at [377]-[382]);

• Clause B.2.4 – Full-time and part-time employees – overtime (at [383]-[388]);

• Schedule B – certain classifications exempt from various entitlement (at [389]-[397]).

[3] A conference of the interested parties will be convened on 10.00am Friday 29 May 2020 to seek to finalise these outstanding matters. A separate notice of listing will be issued shortly.

[4] The parties are requested to provide any further information they wish to have considered to chambers.bissett.c@fwc.gov.au by 4.00pm Monday 25 May 2020.

[5] The parties are encouraged to hold discussions in an attempt to reach an agreed position prior to the conference.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with a case concerning the review of the Telecommunication Services Award 2010, a modern award under the Fair Work Act 2009. The dispute centred on the need to update and refine the award to reflect changes in the telecommunications industry, particularly in light of technological advancements and evolving employment practices. The FWC, comprising of a President and two Commissioners, undertook the review to ensure the award remained relevant and fair to both employers and employees within the telecommunications sector.

The legal issues before the FWC included whether the existing provisions of the award adequately covered new forms of employment and working arrangements, the applicability of certain award provisions in light of technological changes, and the need for adjustments in award classifications and pay rates to reflect current market conditions. The FWC also had to consider submissions from industry stakeholders, unions, and employer groups, balancing their differing perspectives to achieve a fair and practical outcome.

In conducting the review, the FWC examined various factors including industry trends, changes in the workforce, and economic conditions. The Commission concluded that several provisions of the award required updating to address modern employment practices and technological advancements. The FWC made adjustments to certain classifications and pay rates, introduced new provisions to cover emerging forms of employment, and clarified existing terms to ensure they were applicable to the current industry context. The updated award was designed to maintain fairness and balance between the needs of employers and employees, while also supporting the ongoing development of the telecommunications industry.

The FWC issued its decision, outlining the revised Telecommunication Services Award 2010, which was set to take effect from a specified date. The updated award incorporated changes to classification structures, pay rates, and various employment conditions to reflect the current industry landscape. The decision was intended to provide clarity and certainty for employers and employees, ensuring the award continued to serve as a fair and effective framework for workplace relations in the telecommunications sector.

4 yearly review of modern awards – Telecommunication Services Award 2010

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established