FAIR WORK COMMISSION
[2014] FWC 8985
•11 DECEMBER 2014
| [2014] FWC 8985 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards
(AM2014/217 and others)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 11 DECEMBER 2014 |
4 yearly review of modern awards – award stage – Group 3 and 4 awards – final sub-groupings
[1] In a Statement dated 28 November 2014 1 the Commission indicated that it would publish finalised sub-groupings for Group 3 and 4 awards as part of the 4 yearly review of modern awards.
[2] Attachment A to this Statement sets out the final sub-groupings for those awards. Parties were provided an opportunity to comment on the sub-groupings prior to finalisation and three submissions were received. Two of the submissions simply supported the draft sub-grouping.
[3] The Shop, Distributive and Allied Employees’ Association (SDA) proposed that the following awards be placed in a separate sub-group:
- Fast Food Industry Award 2010
- General Retail Industry Award 2010
- Hair and Beauty Industry Award 2010
- Mannequins and Models Award 2010
[4] The SDA submitted that in the current proposed sub-groupings placing two of the largest broad industries together (Retail and Hospitality) would make the sub-grouping unwieldy, given the number of participants and the broad and diverse range of industries covered. I do not agree with the SDA’s proposal and the sub-groupings will remain as previously advised (see Attachment A). The matters raised by the SDA can be addressed in the scheduling times allocated for conference and hearings in respect of the awards in sub-group 4F. Sub-group 4F has been allocated additional time for the initial conference to be held on 12 February 2015.
[5] Parties are reminded of the general process for group 3 and 4 awards that was set out in the 28 November 2014 Statement 2:
(i) Initial conferences for group 3 and 4 awards will be held on 10, 11 and 12 February 2015. The purpose of these conferences is to identify the nature of the issues to be raised by interested parties during the review of each of these awards. The conferences will start at 10.00 am and awards will be allocated a specific time slot during each day, once the award sub-groupings have been finalised. A detailed schedule for these conferences will be published on the Commission’s website, along with the listings. A copy of the schedule is attached to this statement (see Attachment B)
(ii) Prior to the February conferences parties will be asked to identify the nature of any changes they intend to propose during the review of these awards. This material is to be filed by no later than 4.00 pm on 2 February 2015. All materials are to be sent to [email protected].
(iii) After the February conferences the Commission will publish a draft Statement setting out the range of issues arising in each award and proposed directions for determining these matters. The proposed directions will include timelines for lodging written submissions and hearing dates. The directions will be in draft form and there will be a consultation period in which interested parties will be able to comment on the proposed directions and add to the range of issues identified in respect of each award. A Final Statement will be issued after the close of the consultation period.
PRESIDENT
ATTACHMENT A—Group 3 and 4 awards—final sub-groupings
Group 3
Sub-group 3A
| Award Code | Matter No. |
Banking, Finance and Insurance Award 2010 | MA000019 | AM2014/217 |
Business Equipment Award 2010 | MA000021 | AM2014/218 |
Clerks Private Sector Award 2010 | MA000002 | AM2014/219 |
Commercial Sales Award 2010 | MA000083 | AM2014/221 |
Contract Call Centres Award 2010 | MA000023 | AM2014/222 |
Fitness Industry Award 2010 | MA000094 | AM2014/227 |
Labour Market Assistance Industry Award 2010 | MA000099 | AM2014/232 |
Legal Services Award 2010 | MA000116 | AM2014/233 |
Market and Social Research Award 2010 | MA000030 | AM2014/236 |
Miscellaneous Award 2010 | MA000104 | AM2014/237 |
Real Estate Industry 2010 | MA000106 | AM2014/242 |
Sporting Organisations Award 2010 | MA000082 | AM2014/245 |
Telecommunications Services Award 2010 | MA000041 | AM2014/248 |
Sub-group 3B
| Award Code | Matter No. |
Educational Services (Post-Secondary Education) Award 2010 | MA000075 | AM2014/224 |
Educational Services (Schools) General Staff Award 2010 | MA000076 | AM2014/225 |
Higher Education – Academic Staff Award 2010 | MA000006 | AM2014/229 |
Higher Education – General Staff Award 2010 | MA000007 | AM2014/230 |
Local Government Industry Award 2010 | MA000112 | AM2014/234 |
State Government Agencies Administration Award 2010 | MA000121 | AM2014/246 |
Sub-group 3C
| Award Code | Matter No. |
Coal Export Terminals Award 2010 | MA000045 | AM2014/220 |
Dredging Industry Award 2010 | MA000085 | AM2014/223 |
Electrical Power Industry Award 2010 | MA000088 | AM2014/226 |
Marine Towage Award 2010 | MA000050 | AM2014/235 |
Port Authorities Award 2010 | MA000051 | AM2014/240 |
Ports, Harbours and Enclosed Water Vessels Award 2010 | MA000052 | AM2014/241 |
Seagoing Industry Award 2010 | MA000122 | AM2014/243 |
Sub-group 3D
| Award Code | Matter No. |
Gardening and Landscaping Services Award 2010 | MA000101 | AM2014/228 |
Horticulture Award 2010 | MA000028 | AM2014/231 |
Nursery Award 2010 | MA000033 | AM2014/238 |
Pastoral Award 2010 | MA000035 | AM2014/239 |
Silviculture Award 2010 | MA000040 | AM2014/244 |
Sugar Industry Award 2010 | MA000087 | AM2014/247 |
Wine Industry Award 2010 | MA000090 | AM2014/249 |
Group 4
Sub-group 4A
| Award Code | Matter No. |
Aboriginal Community Controlled Health Services Award 2010 | MA000115 | AM2014/250 |
Aged Care Award 2010 | MA000018 | AM2014/251 |
Children’s Services Award 2010 | MA000120 | AM2014/263 |
Educational Services (Teachers) Award 2010 | MA000077 | AM2014/266 |
Social, Community, Home Care and Disability Services Industry Award 2010 | MA000100 | AM2014/285 |
Supported Employment Services Award 2010 | MA000103 | AM2014/286 |
Sub-group 4B
| Award Code | Matter No. |
Air Pilots Award 2010 | MA000046 | AM2014/252 |
Aircraft Cabin Crew Award 2010 | MA000047 | AM2014/253 |
Airline Operations – Ground Staff Award 2010 | MA000048 | AM2014/254 |
Airport Employees Award 2010 | MA000049 | AM2014/255 |
Sub-group 4C
| Award Code | Matter No. |
Car Parking Award 2010 | MA000095 | AM2014/261 |
Cemetery Industry Award 2010 | MA000070 | AM2014/262 |
Food, Beverage and Tobacco Manufacturing Award 2010 | MA000073 | AM2014/268 |
Funeral Industry Award 2010 | MA000105 | AM2014/269 |
Pest Control Industry Award 2010 | MA000097 | AM2014/279 |
Professional Employees Award 2010 | MA000065 | AM2014/281 |
Water Industry Award 2010 | MA000113 | AM2014/289 |
Sub-group 4D
| Award Code | Matter No. |
Amusement, Events and Recreation Award 2010 | MA000080 | AM2014/256 |
Book Industry Award 2010 | MA000078 | AM2014/258 |
Broadcasting and Recorded Entertainment Award 2010 | MA000091 | AM2014/259 |
Journalists Published Media Award 2010 | MA000067 | AM2014/275 |
Live Performance Award 2010 | MA000081 | AM2014/276 |
Racing Clubs Events Award 2010 | MA000013 | AM2014/282 |
Travelling Shows Award 2010 | MA000102 | AM2014/288 |
Sub-group 4E
| Award Code | Matter No. |
Architects Award 2010 | MA000079 | AM2014/257 |
Building and Construction General On-site Award 2010 | MA000020 | AM2014/260 |
Electrical, Electronic and Communications Contracting Industry Award 2010 | MA000025 | AM2014/265 |
Hydrocarbons Field Geologists Award 2010 | MA000064 | AM2014/273 |
Joinery and Building Trades Award 2010 | MA000029 | AM2014/274 |
Mobile Crane Hiring Award 2010 | MA000032 | AM2014/278 |
Plumbing and Fire Sprinklers Award 2010 | MA000036 | AM2014/280 |
Surveying Award 2010 | MA000066 | AM2014/287 |
Sub-group 4F
| Award Code | Matter No. |
Dry Cleaning and Laundry Industry Award 2010 | MA000096 | AM2014/264 |
Fast Food Industry Award 2010 | MA000003 | AM2014/267 |
General Retail Industry Award 2010 | MA000004 | AM2014/270 |
Hair and Beauty Industry Award 2010 | MA000005 | AM2014/271 |
Hospitality Industry (General) Award 2010 | MA000009 | AM2014/272 |
Mannequins and Models Award 2010 | MA000117 | AM2014/277 |
Registered and Licensed Clubs Award 2010 | MA000058 | AM2014/283 |
Restaurant Industry Award 2010 | MA000119 | AM2014/284 |
ATTACHMENT B— Schedule for conference— Group 3 and 4 awards – 10, 11 and 12 February 2015
At the conference each award will be called on as follows:
10 February 2015:
Award title | Award code | Matter No. | |
Not before | Sub-group 3A | ||
10.00 am | Banking, Finance and Insurance Award 2010 | MA000019 | AM2014/217 |
Business Equipment Award 2010 | MA000021 | AM2014/218 | |
Clerks Private Sector Award 2010 | MA000002 | AM2014/219 | |
Commercial Sales Award 2010 | MA000083 | AM2014/221 | |
Contract Call Centres Award 2010 | MA000023 | AM2014/222 | |
Fitness Industry Award 2010 | MA000094 | AM2014/227 | |
Labour Market Assistance Industry Award 2010 | MA000099 | AM2014/232 | |
11.00 am | Legal Services Award 2010 | MA000116 | AM2014/233 |
Market and Social Research Award 2010 | MA000030 | AM2014/236 | |
Miscellaneous Award 2010 | MA000104 | AM2014/237 | |
Real Estate Industry 2010 | MA000106 | AM2014/242 | |
Sporting Organisations Award 2010 | MA000082 | AM2014/245 | |
Telecommunications Services Award 2010 | MA000041 | AM2014/248 | |
Sub-group 3B | |||
12.00 pm | Educational Services (Post-Secondary Education) Award 2010 | MA000075 | AM2014/224 |
Educational Services (Schools) General Staff Award 2010 | MA000076 | AM2014/225 | |
Higher Education – Academic Staff Award 2010 | MA000006 | AM2014/229 | |
Higher Education – General Staff Award 2010 | MA000007 | AM2014/230 | |
Local Government Industry Award 2010 | MA000112 | AM2014/234 | |
State Government Agencies Administration Award 2010 | MA000121 | AM2014/246 | |
Sub-group 3C | |||
2.15 pm | Coal Export Terminals Award 2010 | MA000045 | AM2014/220 |
Dredging Industry Award 2010 | MA000085 | AM2014/223 | |
Electrical Power Industry Award 2010 | MA000088 | AM2014/226 | |
Marine Towage Award 2010 | MA000050 | AM2014/235 | |
Port Authorities Award 2010 | MA000051 | AM2014/240 | |
Ports, Harbours and Enclosed Water Vessels Award 2010 | MA000052 | AM2014/241 | |
Seagoing Industry Award 2010 | MA000122 | AM2014/243 | |
3:15pm | Sub-group 3D | ||
Gardening and Landscaping Services Award 2010 | MA000101 | AM2014/228 | |
Horticulture Award 2010 | MA000028 | AM2014/231 | |
Nursery Award 2010 | MA000033 | AM2014/238 | |
Pastoral Award 2010 | MA000035 | AM2014/239 | |
Silviculture Award 2010 | MA000040 | AM2014/244 | |
Sugar Industry Award 2010 | MA000087 | AM2014/247 | |
Wine Industry Award 2010 | MA000090 | AM2014/249 |
11 February 2015:
Award title | Award code | Matter No. | |
Not before | Sub-group 4A | ||
10.00 am | Aboriginal Community Controlled Health Services Award 2010 | MA000115 | AM2014/250 |
Aged Care Award 2010 | MA000018 | AM2014/251 | |
Children’s Services Award 2010 | MA000120 | AM2014/263 | |
Educational Services (Teachers) Award 2010 | MA000077 | AM2014/266 | |
Social, Community, Home Care and Disability Services Industry Award 2010 | MA000100 | AM2014/285 | |
Supported Employment Services Award 2010 | MA000103 | AM2014/286 | |
Sub-group 4B | |||
11.00 am | Air Pilots Award 2010 | MA000046 | AM2014/252 |
Aircraft Cabin Crew Award 2010 | MA000047 | AM2014/253 | |
Airline Operations – Ground Staff Award 2010 | MA000048 | AM2014/254 | |
Airport Employees Award 2010 | MA000049 | AM2014/255 | |
Sub-group 4C | |||
12.00 pm | Car Parking Award 2010 | MA000095 | AM2014/261 |
Cemetery Industry Award 2010 | MA000070 | AM2014/262 | |
Food, Beverage and Tobacco Manufacturing Award 2010 | MA000073 | AM2014/268 | |
Funeral Industry Award 2010 | MA000105 | AM2014/269 | |
Pest Control Industry Award 2010 | MA000097 | AM2014/279 | |
Professional Employees Award 2010 | MA000065 | AM2014/281 | |
Water Industry Award 2010 | MA000113 | AM2014/289 | |
Sub-group 4D | |||
2.15 pm | Amusement, Events and Recreation Award 2010 | MA000080 | AM2014/256 |
Book Industry Award 2010 | MA000078 | AM2014/258 | |
Broadcasting and Recorded Entertainment Award 2010 | MA000091 | AM2014/259 | |
Journalists Published Media Award 2010 | MA000067 | AM2014/275 | |
Live Performance Award 2010 | MA000081 | AM2014/276 | |
Racing Clubs Events Award 2010 | MA000013 | AM2014/282 | |
Travelling Shows Award 2010 | MA000102 | AM2014/288 | |
Sub-group 4E | |||
3:15 pm | Architects Award 2010 | MA000079 | AM2014/257 |
Building and Construction General On-site Award 2010 | MA000020 | AM2014/260 | |
Electrical, Electronic and Communications Contracting Industry Award 2010 | MA000025 | AM2014/265 | |
Hydrocarbons Field Geologists Award 2010 | MA000064 | AM2014/273 | |
Joinery and Building Trades Award 2010 | MA000029 | AM2014/274 | |
Mobile Crane Hiring Award 2010 | MA000032 | AM2014/278 | |
Plumbing and Fire Sprinklers Award 2010 | MA000036 | AM2014/280 | |
Surveying Award 2010 | MA000066 | AM2014/287 |
12 February 2015:
Award title | Award code | Matter No. | |
Not before | Sub-group 4F | ||
10.00 am | Dry Cleaning and Laundry Industry Award 2010 | MA000096 | AM2014/264 |
10.30 am | Mannequins and Models Award 2010 | MA000117 | AM2014/277 |
Hair and Beauty Industry Award 2010 | MA000005 | AM2014/271 | |
General Retail Industry Award 2010 | MA000004 | AM2014/270 | |
11:00 am | Fast Food Industry Award 2010 | MA000003 | AM2014/267 |
12.00 pm | Hospitality Industry (General) Award 2010 | MA000009 | AM2014/272 |
Registered and Licensed Clubs Award 2010 | MA000058 | AM2014/283 | |
Restaurant Industry Award 2010 | MA000119 | AM2014/284 |
1 [2014] FWC 8575
2 [2014] FWC 8575
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