FAIR WORK COMMISSION - Modern Awards Review - Road Transport (Long Distance Operations) Award 2010

[2013] FWC 3910

[2013] FWC 3910

FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS

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

Chamber of Commerce & Industry of Western Australia
(AM2012/258)

COMMISSIONER LEE MELBOURNE, 20 JUNE 2013

Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years - Funeral Industry Award 2010

[1] Schedule 5, item 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 requires the Fair Work Commission to conduct a review of all modern awards (other than modern enterprise awards and state reference public sector modern awards) as soon as practicable after 1 January 2012.

[2] As part of the review, The Chamber of Commerce & Industry of Western Australia has made an application for review of the Funeral Industry Award 2010. The application made sought to remove clause 10.5 of the Funeral Industry Award 2010 and replace it with an alternate clause as follows;

“10.5 Casual employee

(a) A casual employee is an employee engaged by the hour and paid as such.

(b) A casual employee will be paid an hourly rate of 1/38th of the weekly rate prescribed for the class of work performed, plus a loading of 25%.

(c) On each occasion a casual employee is required to attend work the employee must be paid for a minimum of four hours’ work.”

[3] The matter was listed for conference before me on Tuesday 28 May 2013.

[4] At the conference, the Australian Workers’ Union indicated that they were prepared to discuss with the Chamber of Commerce and Industry of Western Australia an amended version of the variation sought.

[5] After some discussions in conference about the possible terms of an amendment to the variation, it was agreed that the Australian Workers’ Union and the Chamber of Commerce and Industry of Western Australia would have further discussions aimed at reaching agreement as to the form of the variation to clause 10.5.

[6] On Friday 14 June 2013, I received the following email from Ms Healey of the Chamber of Commerce and Industry of Western Australia;

“Dear Commissioner

I refer to the abovementioned matter and recent correspondence from the AWU dated 30 May 2013.

I confirm discussions have been held with the AWU and wish to advise it appears we have reached a consent position on the wording of the casual clause. We have also consulted with the other interested parties present at the conference held 28 May 2013 and understand they do not oppose the proposed wording of the clause detailed below.

Accordingly, subject to the views of the Commission, we seek to vary the Funeral Industry Award 2010 by deleting clause 10.5 and replacing it with:

10.5 Casual employee

(a) A casual employee is an employee engaged by the hour and paid as such.

(b) A casual employee will be paid an hourly rate of 1/38th of the weekly rate prescribed for the class of work performed, plus a loading of 25%.

(c) On each occasion a casual employee is required to attend work the employee must be paid for a minimum of four hours’ work, including when engaged more than once in any day. This minimum payment is made whether the casual employee is required to work the full four hours or not.

Should you have any queries in relation to this matter, please contact me...”

[7] On 18 June 2013, I received correspondence from the Australian Workers’ Union which confirmed that the Australian Workers’ Union has “been in discussions with the applicant in relation to this matter and that [the Australian Workers’ Union] do not oppose the variation in the terms sought [in Ms Healey’s] correspondence”.

[8] The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 at Schedule 5, item 6(2) sets out the approach the Fair Work Commission must take in the review;

“6 Review of all modern awards (other than modern enterprise awards and State reference public sector modern awards) after first 2 years

…

(2) In the review, FWA must consider whether the modern awards:

(a) achieve the modern awards objective; and

(b) are operating effectively, without anomalies or technical problems arising from the Part 10A award modernisation process.”

[9] Having considered the proposed amended variation above I have formed the preliminary view that it would be appropriate to approve the amended variation sought by the Chamber of Commerce and Industry of Western Australia.

[10] If there is an objection by any party to the proposed amended variation being made, parties must advise my chambers of such by close of business Thursday 4 July 2013.

[11] Any objections should be accompanied by a written submission as to the basis of the objection to the variation.

[12] In the absence of any objection being received by that date, the variation will be approved.

[13] Queries in relation to this Statement are to be directed to my chambers, by email: [email protected] or by telephone [phone].

COMMISSIONER

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