Award Modernisation - [2010] FWA 6686

[2010] FWA 6686

FAIR WORK AUSTRALIA

STATEMENT

Fair Work Act 2009
Division 2B—application of this Act in States that refer matters

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Schedule 3A, items 29 and 30—FWA to consider varying modern awards etc.

Award Modernisation
(AM2010/52)

JUSTICE GIUDICE, PRESIDENT

MELBOURNE, 27 AUGUST 2010

AWARD MODERNISATION – DIVISION 2B STATE AWARDS

[1] This statement concerns award modernisation and in particular variations to modern awards which may be necessary as a result of the termination of Division 2B State awards at the end of this year. It should be read in conjunction with statements issued on 23 April and 29 June 2010. 1 The 23 April statement provided for applications to be filed by 30 June 2010. The 29 June statement extended the 30 June deadline for submissions indefinitely and indicated that a new deadline would be decided upon later. On 26 August 2010 the Australian Council of Trade Unions filed a submission. That submission includes a number of proposals, including a detailed proposal for variation to the standard transitional provisions in modern awards.

[2] Pursuant to items 29 and 30 of Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act), subject to some exceptions, consideration of transitional arrangements in modern awards related to Division 2B State awards must be concluded by the end of 2010. In order to ensure this requirement is complied with it is necessary to take some immediate steps to commence the process. A Full Bench will be established for this purpose.

[3] The Full Bench will sit on 20 September 2010 in Melbourne. On that date the Full Bench will consider how the requirements of items 29 and 30 of Schedule 3A are to be met within the timeframe prescribed. The proceedings are likely to be more productive if all proposals, including proposals to vary modern awards, are filed in advance. For that reason, any responses to the proposals contained in the ACTU submission of 26 August 2010, and any other proposals, should be filed by 13 September 2010.

[4] All applications, statements, correspondence and related materials already filed are available on the Division 2B State awards page of the Fair Work Australia website. 2 Any material filed after today will be placed on that page as soon as practicable.

PRESIDENT

1 [2010] FWA 3102 and [2010] FWA 4792.

2 by authority of the Commonwealth Government Printer