Australian Industry Group T/A Ai Group Summary

[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.

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.

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

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.

No submissions were received in relation to the draft determination.

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Industry Group, trading as Ai Group, sought a variation of the Textile, Clothing, Footwear and Associated Industries Award 2020 (the Award) to correct errors in clauses 29.3, C.3.1, and C.5.1 concerning shiftworker rates. The dispute was brought before the Fair Work Commission. The Commission was asked to address the ambiguity and errors in the award to ensure clarity and fairness in the application of shiftworker rates.

The legal issues that the Commission needed to resolve involved interpreting the relevant award provisions to determine the correct rates for shiftworkers and ensuring the variation was applied retrospectively from 1 February 2021. The key question was whether the proposed changes would correctly address the errors identified and if the retrospective application was appropriate.

The Deputy President of the Fair Work Commission concluded that the variations to clauses 29.3, C.3.1, and C.5.1 were necessary to correct the errors in the award. The Deputy President found that the variation should indeed apply retrospectively from 1 February 2021, ensuring that affected workers received the correct shiftworker rates going back to that date. The decision was made based on the evidence presented, and no submissions were received opposing the draft determination.

In conclusion, the Fair Work Commission issued a final determination varying the Award to correct the identified errors in clauses 29.3, C.3.1, and C.5.1. The variation applies retrospectively to 1 February 2021, and no submissions were received opposing the draft determination. This decision ensures that shiftworkers in the textile, clothing, footwear, and associated industries receive the correct rates as of the specified date.

Australian Industry Group T/A Ai Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established