FAIR WORK COMMISSION - Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years - [2013] FWC 4576

[2013] FWC 4576

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Master Builders Australia Limited
(AM2012/48 and others)

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 JULY 2013

Modern Awards Review 2012 — applications to vary the Building and Construction General On-site Award 2010 — modern award varied — correction to decision.

[1] The Decision issued by the Fair Work Commission on 15 July 2013 [[2013] FWC 4576] is corrected as follows:

1. By deleting the date “1 January 2012” appearing at the end of the third dot point at paragraph [9] and inserting “1 January 2010”.

2. By deleting the date “1 January 2012” appearing in heading 4 preceding paragraph [163] and inserting “1 January 2010”.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a review of certain modern awards, specifically the Building and Construction General On-site Award 2010, two years after its commencement. The review followed applications submitted by various parties, seeking to vary the award in light of subsequent developments and considerations. The Commission was tasked with determining whether the original award should be amended and, if so, how.

The primary legal issues before the Commission centred on the interpretation and application of the Modern Awards Review process as outlined in the Fair Work Act. The Commission had to consider whether the changes proposed in the applications were warranted based on the evidence and submissions presented. This involved assessing the impact of the proposed changes on the relevant industry, the parties involved, and the broader implications for the award system.

In reaching its decision, the Commission carefully considered the submissions from all parties, the evidence provided, and the relevant legal framework. The Commission determined that while the original decision to vary the award was correct, there was a need to correct an error in the decision. The Commission varied the award as originally decided, making specific amendments to ensure the award accurately reflected the intended changes. The Commission's decision highlighted the importance of precision in the review process to ensure fairness and accuracy in the application of modern awards.

The final orders of the Commission confirmed the variation of the Building and Construction General On-site Award 2010 with specific amendments to correct the earlier decision. The Commission's determination provided clarity on the application of the review process and ensured that the award would operate effectively within the relevant industry.

FAIR WORK COMMISSION - Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established