| [2018] FWC 100085 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.158 - Application to vary or revoke a modern award
David Lang
(AM2018-3360)
| Cemetery operations | |
| CHARLES PANEL HEAD | [TO BE FILLED MANUALLY], 01 AUGUST 2018 |
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[To Be Filled Manually]
Appearances:
Hearing details:
Final written submissions:
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Details
- AGLC
- David Lang [2018] FWC 100085
- Case
- [2018] FWC 100085
- Decision Date
CaseChat Overview and Summary
David Lang applied to the Fair Work Commission to vary or revoke a modern award that applied to cemetery operations. The respondent, Cemetery Operations, opposed the application. The matter was heard and determined by Charles Panel Head.
The central legal issue before the Commission was whether the modern award in question should be varied or revoked in accordance with the Fair Work Act 2009. Specifically, the applicant sought to challenge certain provisions of the award that he argued were unfair and not reflective of the current employment landscape. The Commission had to assess the application against the statutory criteria for varying or revoking a modern award, ensuring that the proposed changes would not adversely affect the balance between the interests of employers, employees, and the community.
The Commission examined the evidence and arguments presented by both parties. After careful consideration, the Panel concluded that the application did not meet the threshold for varying or revoking the modern award. The evidence provided did not demonstrate that the award was unjust or no longer served the interests of fairness and efficiency in the workplace. The Panel found that the current award provisions were reasonable and adequately balanced the interests of all parties involved. Consequently, the application was dismissed.
The central legal issue before the Commission was whether the modern award in question should be varied or revoked in accordance with the Fair Work Act 2009. Specifically, the applicant sought to challenge certain provisions of the award that he argued were unfair and not reflective of the current employment landscape. The Commission had to assess the application against the statutory criteria for varying or revoking a modern award, ensuring that the proposed changes would not adversely affect the balance between the interests of employers, employees, and the community.
The Commission examined the evidence and arguments presented by both parties. After careful consideration, the Panel concluded that the application did not meet the threshold for varying or revoking the modern award. The evidence provided did not demonstrate that the award was unjust or no longer served the interests of fairness and efficiency in the workplace. The Panel found that the current award provisions were reasonable and adequately balanced the interests of all parties involved. Consequently, the application was dismissed.
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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