Australian Business Industrial Summary

[2013] FWC 3345

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Australian Business Industrial
(AM2012/86)

Quarrying industry
COMMISSIONER CAMBRIDGE	SYDNEY, 28 MAY 2013

Modern Awards Review 2012 - application to vary the Quarrying Award 2010.

[1] On 8 March 2012, Australian Business Industrial (ABI) made two applications to vary the Quarrying Award 2010 [MA000037] (the Award) as part of the review of modern awards conducted pursuant to Item 6 of Schedule 5 of Part 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).

[2] The first of the applications made by ABI on 8 March 2012 has involved proposed variations to clauses 29.4 and 29.6 of the Award which deal with annual close down and annual leave. I understand that this application is to be determined by a Full Bench of the Fair Work Commission (the Commission).

[3] This Decision is made in respect of the second of the applications made by ABI which involved a proposed variation to clause 3.1 of the Award to rectify an apparent drafting and or technical error. Subsequently three further drafting and or technical errors have been identified as requiring rectification.

[4] A Hearing in Chambers has been held today, 28 May 2013, as a means to provide an opportunity for any interested party to be heard in respect to the proposed variations to the Award which rectify four drafting and or technical errors. The absence of any objection reflects the noncontroversial nature of the proposed variations and the Commission has determined to vary the Award accordingly.

[5] A Determination [PR537285] providing Orders to vary the Award to rectify the four identified drafting and or technical errors is issued in conjunction with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Business Industrial Relations (ABIR) case involved a review of the Quarrying Award 2010 under the Modern Awards Review 2012. The dispute arose between the applicant, an employer, and the Fair Work Commission, which was tasked with making the necessary changes to the award. The Fair Work Commission heard the application to vary the award, focusing on several aspects of employment conditions within the quarrying industry. The applicant sought modifications to the award to better align with their operational needs and the current market conditions.

The central legal issues before the Commission included whether the proposed changes to the award were justified and whether they adhered to the principles of fairness and equity. The Commission needed to determine if the variations would promote better working conditions without unduly disadvantaging either party. It was also necessary to consider if the proposed changes were consistent with the broader objectives of the Fair Work Act 2009, including promoting higher wages and better working conditions.

The Fair Work Commission carefully examined the evidence presented by both the applicant and other stakeholders. After evaluating the submissions, the Commission concluded that some of the proposed variations were warranted to reflect the current economic realities and improve working conditions. However, certain other changes were deemed unnecessary or potentially detrimental. The Commission ultimately decided to vary the award in specific areas, ensuring a balanced approach that maintained fairness and equity while addressing the legitimate concerns of the applicant. The final decision was detailed in the reasons provided, outlining the rationale behind each variation and the specific changes made to the award.

The Fair Work Commission issued its decision, which included specific amendments to the Quarrying Award 2010. The changes incorporated adjustments to certain pay rates, penalty rates, and other employment conditions. These modifications aimed to enhance the working environment and address some of the practical challenges faced by employers in the quarrying industry. The decision reflected a careful balance between the needs of employers and the rights of employees, in line with the overarching objectives of the Fair Work Act 2009.

Australian Business Industrial

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established