FAIR WORK COMMISSION - Modern Awards Review 2012—Live Performance Award 2010

[2013] FWC 4591

[2013] FWC 4591

FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5—Modern awards review

Modern Awards Review 2012—Live Performance Award 2010
(AM2012/65)

Live performance industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 10 JULY 2013

[1] In a Statement of 17 November 2011, the President of Fair Work Australia indicated that the two year review of modern awards required by Item 6 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 would proceed mainly by way of applications to vary modern awards (see [2011] FWA 7975 at [4]).

[2] Live Performance Australia (LPA) was the only party to lodge an application to vary the Live Performance Award 2010 (the Award) as part of the two year review. The application was called on for mention on 14 May 2013, which was attended by LPA and the Musicians’ Union of Australia. The review of the Award was listed for hearing on 18 June 2013, but prior to the hearing the LPA discontinued its application.

[3] As a result, there is now no application to vary the Award as part of the two year review. However, the Fair Work Commission (the Commission) is still required to review every modern award as part of the review process. I therefore propose to adopt a course similar to that taken by Deputy President Smith in relation to two year review of 37 modern awards that were not the subject of applications (see [2012] FWA 8271).

[4] I have reviewed the Award and formed the preliminary view that, in general, it is achieving the modern awards objective and operating efficiently, without anomalies or technical problems arising from the award modernisation process.

[5] The Commission’s modern awards team has proposed a number of minor technical and drafting variations to the Award. It would appear that these variations will rectify anomalies and/or technical problems arising from the award modernisation process. A draft Determination incorporating these variations is attached to this Statement (see Attachment A).

[6] Any party that wishes to comment in relation to the draft Determination is directed to do so in writing by 4:00 pm, Friday 19 July 2013.

SENIOR DEPUTY PRESIDENT

Attachment A

Printed by authority of the Commonwealth Government Printer

<Price code A, MA000081  PR538807 >