| [2021] FWCFB 3251 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
Clerks–Private Sector Award 2020
(AM2020/98)
Clerical industry | |
JUSTICE ROSS, PRESIDENT | MELBOURNE, 7 JUNE 2021 |
Clerks-Private Sector Award 2020–provisional view expressed–objections filed–hearing to proceed–directions further amended.
[1] The Clerks–Private Sector Award 2020 (Clerks Award) currently includes Schedule I-Award flexibility during the COVID-19 pandemic. Schedule I was originally inserted into the Clerks Award on 28 March 2020 1 and was due to expire on 30 June 2020. The Schedule has been varied by 4 subsequent decisions of the Commission and is now due to cease operation on 30 June 2021.
[2] On 29 April 2021, we issued a Statement 2 expressing the provisional view that Schedule I should not be extended and should cease operation on 30 June 2021. This provisional view was expressed following the receipt of correspondence from the Australian Council of Trade Unions, Australian Services Union, the Australian Chamber of Commerce and Industry and the Australian Industry Group asking the Commission to discontinue the current matter.
[3] The provisional view was opposed by two organisations: HR Central and HR with Ease. On 18 May 2021, the Full Bench issued a further Statement 3 setting out directions for the filing of further material.
[4] On 4 June 2021, HR Central wrote to the Commission noting that it had unintentionally missed the filing deadline of 28 May 2021 and requesting further time to respond to the Statement dated 18 May 2021. Accordingly, the directions are amended as follows:
1. Any interested party opposing the provisional views that the matter should be discontinued and that Schedule I should cease operation should file any further submissions or evidence in support of their views, including the duration of any proposed extension by 4:00pm (AEST) on Friday 11 June 2021.
2. Submissions and evidence in reply should be filed by 4:00pm (AEST) on Wednesday 23 June 2021.
3. A hearing will be listed at 3:00pm (AEST) on Friday 25 June 2021.
4. Parties wishing to appear at the hearing are to provide the name, direct number and organisation by 4:00pm (AEST) on Thursday 24 June 2021 to [email protected]. A notice of listing will be issued separately.
PRESIDENT
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- AGLC
- Clerks–Private Sector Award 2020 [2021] FWCFB 3251
- Case
- [2021] FWCFB 3251
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission assessed the objections and the application for a provisional view. The court considered the importance of the issues raised, the potential impact on the parties, and the need for an expedited resolution. The Commission found that the objections raised significant issues that warranted a full hearing. Therefore, the application for a provisional view was not granted. The court also amended the directions to ensure that the hearing would proceed efficiently and fairly, taking into account the objections filed.
The Fair Work Commission decided that the case would proceed with a full hearing, as the objections raised by the respondents necessitated a thorough examination of the issues. The Commission further amended the directions to facilitate an efficient and fair process, addressing the concerns raised by all parties involved. The final orders included the continuation of the hearing, with specific directions to manage the proceedings effectively and ensure that all objections were adequately considered.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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