STATEMENT AND DIRECTIONS

Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Application by the Australian Industry Group
(AM2020/20)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT MASSON
COMMISSIONER LEE

MELBOURNE, 8 MAY 2020

Application to vary the Fast Food Industry Award 2010 to achieve the modern awards objective – directions.

[1] This statement concerns an application to vary the Fast Food Industry Award 2010 (MA000003) (the Fast Food Award) filed by Ai Group on Friday 1 May 2020 (the Application).

[2] The Application seeks to insert a new Schedule – Schedule H: Award flexibility during the COVID-19 pandemic – into the Fast Food Award. Schedule H is expressed to operate for a period of 3 months.

[3] At the request of the parties, the Commission’s consideration of the application was expedited. A hearing was held on 5 May 2020 and the transcript is available here.

[4] Further to the hearing, on Thursday, 7 May 2020 Ai Group advised it would be in a position to file evidentiary material in support of its claim by 5pm Tuesday, 12 May 2020.

[5] Accordingly, we make the following directions:

1. The Applicants or any party supporting the application is to file submissions and evidentiary material including witness statements, by 5pm Tuesday, 12 May 2020.

2. Any party opposing the application is to file submissions and evidentiary material by 5pm Wednesday, 13 May 2020.

3. Parties wishing to cross-examine any witness are to advise [email protected] by 12pm Thursday, 14 May 2020.

4. This matter will be listed for hearing at 9am Friday, 15 May 2020.

5. Parties are to provide contact details for the hearing and those of any witnesses required for cross-examination to [email protected] by 4pm Thursday, 14 May 2020.

6. All submissions and evidence are to be sent in word format to [email protected].

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Industry Group made an application to the Fair Work Commission, seeking to vary the Fast Food Industry Award 2010 to achieve the modern awards objective. The Commission was asked to provide directions for the process. The Australian Council of Trade Unions and the Shop, Distributive and Allied Employees Association opposed the application. The Commission needed to decide on the procedural steps to be taken in response to the application and to ensure a fair and timely process. It had to set deadlines for the submission of written material and identify the need for any cross-examination of witnesses.

Commissioner Ross directed the parties to file submissions and evidentiary material by specified dates, to allow for adequate consideration of the application. The Commission recognised the importance of a structured and timely process to ensure the application was dealt with efficiently. It also recognised the need for fairness by allowing all parties the opportunity to present their case. The directions included provisions for the parties to advise on any witness cross-examination and to provide contact details for the hearing and witnesses. The Commission scheduled a hearing date and specified the format for the submission of material.

The Commission ordered that the applicants or any party supporting the application must file submissions and evidentiary material, including witness statements, by 5pm on Tuesday, 12 May 2020. Any party opposing the application must file submissions and evidentiary material by 5pm on Wednesday, 13 May 2020. Parties wishing to cross-examine any witness must advise the relevant email address by 12pm on Thursday, 14 May 2020. The matter will be listed for a hearing at 9am on Friday, 15 May 2020. Parties are to provide contact details for the hearing and those of any witnesses required for cross-examination by 4pm on Thursday, 14 May 2020. All submissions and evidence are to be sent in Word format to the relevant email address.

Orders of the court

1. The Applicants or any party supporting the application is to file submissions and evidentiary material including witness statements, by 5pm Tuesday, 12 May 2020.

2. Any party opposing the application is to file submissions and evidentiary material by 5pm Wednesday, 13 May 2020.

3. Parties wishing to cross-examine any witness are to advise [email protected] by 12pm Thursday, 14 May 2020.

4. This matter will be listed for hearing at 9am Friday, 15 May 2020.

5. Parties are to provide contact details for the hearing and those of any witnesses required for cross-examination to [email protected] by 4pm Thursday, 14 May 2020.

6. All submissions and evidence are to be sent in word format to [email protected].

Application by the Australian Industry Group

STATEMENT AND DIRECTIONS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established