Application by the Australian Retailers Association
[2024] FWCFB 302
•5 JULY 2024
| [2024] FWCFB 302 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.158—Application to vary or revoke a modern award
s.160—Variation of modern award to remove ambiguity or uncertainty or correct error
Application by the Australian Retailers Association
(AM2024/9)
GENERAL RETAIL INDUSTRY AWARD 2020
[MA000004]
| Retail industry | |
| JUSTICE HATCHER, PRESIDENT | SYDNEY, 5 JULY 2024 |
Application to vary the General Retail Industry Award 2020 – proposed variations M and N with slight amendments adopted – provisional view confirmed.
The Australian Retailers Association (ARA) has made an application under ss 158(1) and 160(2)(c) of the Fair Work Act 2009 (Cth) (FW Act) to vary several provisions of the General Retail Industry Award 2020 (Retail Award).[1] The ARA proposed 17 variations, marked A through to Q, in its application. Proposed variations C and E have already been determined by a Full Bench of this Commission, with the latter having been determined together with matter AM2023/17.[2]
On 21 June 2024, we issued a statement[3] setting out our provisional view in relation to proposed variations M and N. The statement attached amended versions of those proposed variations and invited interested parties to file submissions in relation to our provisional view by 28 June 2024.
No submissions were received by the above deadline. Accordingly, we confirm our provisional view at paragraph [3] of the 21 June 2024 statement. We consider variations M and N as amended are necessary to resolve ambiguity or uncertainty in clauses 21.2 and 15.7(c) of the Award respectively and should therefore be made pursuant to s 160 of the FW Act.
A determination varying the Retail Award accordingly is issued with this decision. The variations will operate from today, 5 July 2024.
PRESIDENT
[1] MA000005.
[2] [2024] FWCFB 197; [2024] FWCFB 251.
[3] [2024] FWCFB 288.
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