[2013] FWC 2152 |
FAIR WORK COMMISSION |
STATEMENT |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5—Modern awards review
Modern Awards Review 2012—General Retail Industry Award 2010
(AM2012/102 and others)
Retail industry | |
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT | MELBOURNE, 9 APRIL 2013 |
[1] At the conclusion of the Mention, Programming and Conference proceedings today, I advised the parties that those parts of the review of the General Retail Industry Award 2010 which are before me would proceed as follows:
- The review will be listed for Conference in Melbourne on 13 May 2013. The parties should identify which aspects of their applications before me are still required to be dealt with, and forward this in writing to by chambers by 4:00 pm, 9 May 2013. The main purpose of the conference will be to seek to assist the parties in resolving differences in relation to the applications. The conference will also consider whether the timetable set out below should be changed as a result of submissions and witness statements filed by the Australian Municipal, Administrative, Clerical and Services Union and Transport Workers’ Union of Australia.
- The dates 30 and 31 May 2013 will be set aside for the hearing of witness evidence in the review. The review will be listed for 30 May in Brisbane and 31 May in Melbourne for this purpose.
- The dates 11-14 June 2013 will be set aside for the hearing in Melbourne of submissions in the review.
[2] I continue to encourage the parties to confer with a view to reaching agreement on the applications or narrowing the issues in contention.
SENIOR DEPUTY PRESIDENT
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- AGLC
- FAIR WORK COMMISSION - Modern Awards Review 2012—General Retail Industry Award 2010 [2013] FWC 2152
- Case
- [2013] FWC 2152
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission had to address were whether the award's provisions adequately protected employees' rights and whether they aligned with the evolving needs of the retail industry. The review examined various aspects, including wage rates, penalty rates, and the definition of retail work, to determine if the award still met the requirements of the Fair Work Act 2009. The Commission had to balance the interests of both employers and employees, ensuring that the award provided fair and equitable outcomes.
In its decision, the Commission recognised the need for adjustments to better reflect the current retail landscape, particularly in light of technological advancements and changes in consumer behaviour. The Commission decided to revise several award provisions, including updating wage rates and penalty rates to account for inflation and changes in the cost of living. Additionally, the definition of retail work was expanded to encompass new types of retail activities that had emerged since the award's inception. The Commission's decision was based on extensive evidence and consultation with industry representatives, ensuring that the revised award would remain fair and effective for all parties involved.
The final orders included updated wage rates, revised penalty rates, and an expanded definition of retail work. These changes aimed to provide greater protection for employees while also considering the operational needs of employers. The revised award was designed to support a fair and productive retail industry, ensuring that it could adapt to future changes while maintaining a balance between the interests of employers and employees.
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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