Application by The Australian Industry Group
[2024] FWC 48
•9 JANUARY 2024
| [2024] FWC 48 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 160—Variation of modern award to remove ambiguity or uncertainty or correct error
Application by The Australian Industry Group
(AM2023/16)
VEHICLE REPAIR, SERVICES AND RETAIL AWARD 2020
[MA000089]
| Vehicle industry | |
| JUSTICE HATCHER, PRESIDENT | SYDNEY, 9 JANUARY 2024 |
Application to vary clause 10 of the Vehicle Repair, Services and Retail Award 2020 – part-time employees – no comments on draft determination or provisional view – provisional view confirmed – award varied.
In my statement[1] of 16 November 2023, I expressed the provisional view that The Australian Industry Group’s (Ai Group’s) proposed variation to clause 10.4 of the Vehicle Repair, Services and Retail Award 2020 (Award) should be made pursuant to s 160(1) of the Fair Work Act 2009 (Cth) (FW Act), on the basis that it would resolve uncertainty concerning the form and term of any written agreement under that clause. Interested parties were invited to respond to my provisional view by 7 December 2023.
No submissions were received in response to my provisional view. Accordingly, I confirm my provisional view. I consider that the variations are necessary pursuant to s 160 of the FW Act to remove uncertainty. Clause 10.4 of the Award will be varied to add the words underlined below:
10.4 Any agreed variation to the hours of work will be recorded in writing (including by electronic means). Any such agreement may be ongoing or for a specified period of time).
A determination varying the Award as set out above is published with this decision. The determination will operate from today, 9 January 2024.
PRESIDENT
[1] [2023] FWC 2995.
Printed by authority of the Commonwealth Government Printer
<MA000089 PR770039>
0
0
0