Australian Industry Group T/A Ai Group

Case

[2025] FWC 126

17 JANUARY 2025


[2025] FWC 126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error
s.158—Application to vary a modern award

Australian Industry Group T/A Ai Group

(AM2023/25)

TEXTILE, CLOTHING, FOOTWEAR AND ASSOCIATED INDUSTRIES AWARD 2020

[MA000017]

Clothing industry

DEPUTY PRESIDENT EASTON

SYDNEY, 17 JANUARY 2025

Application to vary the Textile, Clothing, Footwear and Associated Industries Award 2020 – variation to clauses 29.3, C.3.1 and C.5.1 – award varied retrospectively to 1 February 2021 – final determination issued.

  1. On 16 October 2024 I issued a decision indicating that it was appropriate to vary clause 29.3 and sub-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] In that decision I indicated that it was appropriate to vary the award retrospectively.

  1. Both the CFMEU and Ai Group wanted to be heard on transitional provisions and filed materials pursuant to an agreed timetable.

  1. On 13 December 2024 I issued a statement[2] and a draft determination[3] inviting interested parties to file any response to the draft by 20 December 2024.

  1. No submissions were received in relation to the draft determination.

  1. A final determination varying the Award is issued with this decision in the same terms as the proposed draft determination. The determination operates retrospectively and comes into operation on and from 1 February 2021.

DEPUTY PRESIDENT


[1] [2024] FWC 2864.

[2] [2024] FWC 3463.

[3] Draft determination, 13 December 2024.

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