Application by The Australian Industry Group T/A Ai Group
[2024] FWC 3463
•13 DECEMBER 2024
| [2024] FWC 3463 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.160—Variation of modern award
s.158—Application to vary a modern award
Application by The Australian Industry Group T/A Ai Group
(AM2023/25)
| DEPUTY PRESIDENT EASTON | SYDNEY, 13 DECEMBER 2024 |
Application to vary clauses 29.3(a), 29.3(b), C.3.1 and C.5.1 of the Textile, Clothing, Footwear and Associated Industries Award 2020 – draft determination published for comment.
On 16 October 2024, I determined that it was appropriate in the circumstances to vary clause 29.3 and clauses C.3.1 and C.5.1 of Schedule C to the Textile, Clothing, Footwear and Associated Industries Award 2020 (Award) to correct an error relating to the payment of shiftworker rates.[1]
I was satisfied that it was appropriate to vary the Award retrospectively.
Both the Construction, Forestry and Maritime Employees Union – Manufacturing Division (CFMEU-MD) and the Australian Industry Group (Ai Group) sought to be heard on the issue of transitional provisions prior to a determination being published. Accordingly, directions were issued on 21 October 2024.
On 13 November 2024, the CFMEU-MD proposed the following sentence be added to the operative clause of the determination:
This determination shall not take effect so as to require any employee who performed work on a night shift or afternoon shift to repay wages paid in respect of the period from 1 February 2021 to [DATE OF DETERMINATION].
The Ai Group confirmed, by email of 21 November 2024, that it did not oppose the CMFEU’s proposal.
A draft determination giving effect to my decision of 16 October 2024 and to the submission in relation to the repayment of wages, is published together with this statement.
Interested parties may file any response to the draft determination by 4.00 pm (AEDT) on Friday, 20 December 2024.
Any submissions received opposing the draft determination will be dealt with on the papers.
If no submissions are received opposing the draft determination, the Award will be varied in accordance with the draft determination.
DEPUTY PRESIDENT
[1] [2024] FWC 2864.
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