Award Modernisation
[2010] FWA 6688
•27 AUGUST 2010
[2010] FWA 6688 |
|
STATEMENT |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Schedule 5, item 3—variation and termination of certain transitional instruments
Award Modernisation
(AM2010/53)
JUSTICE GIUDICE, PRESIDENT | MELBOURNE, 27 AUGUST 2010 |
AWARD MODERNISATION – TERMINATION OF MODERNISABLE INSTRUMENTS
[1] On 23 April 2010 I issued a statement concerning the termination of modernisable instruments as provided for in item 3 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act). 1 The statement noted that under item 3(2) of Schedule 5 Fair Work Australia is required to terminate modernisable instruments, other than those referred to in item 3(3)(a), as soon as practicable after all modern awards have come into operation. The statement set out the process to be followed in implementing that requirement.
[2] Paragraph 3 of the statement indicated that all of the modernisable instruments listed at that stage on the Termination of instruments page of the Fair Work Australia website were liable to be terminated. Any interested person or body was invited to lodge a submission by 30 June 2010 indicating that a particular modernisable instrument should not be terminated. Some 40 submissions were received. The submissions dealt with 119 modernisable instruments and advanced various grounds in support of the case in relation to the modernisable instrument in question. There is a list of the 119 modernisable instruments on the Termination of instruments page.
[3] A Full Bench of Fair Work Australia will be constituted to deal with the Schedule 5 process. The Full Bench will sit on 21 and 22 September 2010 in Melbourne to deal with the submissions which have been filed and to fix further dates for hearings and submissions as required.
[4] Modernisable instruments in relation to which no submission has been made will be terminated on and from 1 October 2010 without further notice, provided a member of Fair Work Australia is satisfied that termination is the appropriate course under item 3(2) of Schedule 5.
PRESIDENT
1 [2010] FWA 3104.
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