FAIR WORK COMMISSION - Modern Awards Review - Road Transport and Distribution Award 2010 - [2013] FWC 3131

[2013] FWC 3131

FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards after first 2 years

Modern Awards Review - Road Transport and Distribution Award 2010
(AM2012/38)

Road transport industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 20 MAY 2013

[1] On 22 February 2013 I issued directions with respect to the Road Transport and Distribution Award 2010 (the Award). Written submissions were filed by the parties in accordance with these directions.

[2] A revised draft of the Award was prepared by my chambers on 6 May 2013. This draft was uploaded to the Fair Work Commission website. All references to particular clauses in this statement are made by reference to the 6 May 2013 draft.

[3] All applications to vary the Award were listed before me on 17 May 2013 for conference/programming. Matters that remained at issue as per the written submissions were discussed at this conference.

[4] The Transport Workers’ Union of Australia (TWU) submitted its opposition to the wording of clause 26.1(c) of the draft Award in its written submissions. During the conference on 17 May 2013, the TWU advised that it no longer opposes the proposed wording of this clause. All other parties present at the conference also agreed to the proposed wording. On this basis, clause 26.1(c) will be varied in accordance with the wording that is currently contained in the draft Award. There is no need for this matter to proceed to arbitration.

[5] The parties have not reached agreement regarding the variations sought to the following clauses:

• Clause 22.4;
• Clause 26.2(a) and (c);
• Clause 26.3(a); and
• Clause 28.2(g).

[6] These matters have been listed for arbitration on 1 - 2 August 2013 in Sydney.

[7] The parties are to file any witness or documentary evidence that they seek to rely on by close of business 12 July 2013.

[8] Any witness or documentary evidence in response must be filed by close of business 19 July 2013.

[9] The parties have advised that they may have further discussions regarding the aforementioned clauses that have been listed for arbitration. If the scope of the matters contested is narrowed or if any of the variations sought are no longer pressed as a result of these discussions, the parties are requested to advise my chambers as soon as possible.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission presided over a review of the Road Transport and Distribution Award 2010, addressing various amendments proposed by the Transport Workers’ Union of Australia (TWU) and other parties. The dispute centred on specific clauses within the award that the parties sought to vary, particularly focusing on issues such as employee entitlements and conditions of work. The Senior Deputy President issued directions for the review process, setting timelines for submissions and evidence filing, and scheduled a conference to discuss unresolved matters.

The legal issues before the court included the interpretation and appropriateness of certain clauses within the award, such as clauses 22.4, 26.2(a) and (c), 26.3(a), and 28.2(g). The court was tasked with determining whether the proposed variations to these clauses were justified, considering the submissions from all parties involved. Additionally, the court had to decide whether certain issues could be resolved through negotiation or if they required arbitration.

The court concluded that the wording of clause 26.1(c) was acceptable as it no longer faced opposition from the TWU, and all parties agreed to the proposed changes. However, for clauses 22.4, 26.2(a) and (c), 26.3(a), and 28.2(g), the parties could not reach an agreement, leading to the scheduling of an arbitration hearing. The court mandated that all evidence and witness statements relevant to these clauses be submitted by specific dates, encouraging the parties to continue discussions that might narrow the scope of the arbitration.

The court ordered that the parties file their evidence by the specified deadlines and to inform the court promptly if discussions led to any changes in the contested issues. The arbitration was set for 1-2 August 2013, allowing the parties to present their cases on the unresolved clauses.

FAIR WORK COMMISSION - Modern Awards Review - Road Transport and Distribution Award 2010

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established