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 7976

[2013] FWC 7976

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

Modern Awards Review 2012 - Road Transport (Long Distance Operations) Award 2010
(AM2012/39 and others)

Road transport industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 15 OCTOBER 2013

Modern Awards Review 2012 - Road Transport (Long Distance Operations) Award 2010.

[1] I issued a statement and directions with respect to applications to vary the Road Transport (Long Distance Operations) Award 2010 as part of the two year review on 20 May 2013 [[2013] FWC 3136]. The matters were listed before me for hearing on 9 - 10 October 2013.

[2] A further hearing has been listed for 12 November 2013 to deal with the following:

A. Ordinary hours, ordinary time earnings and superannuation; and

B. The living away from home allowance.

Ordinary hours, ordinary time earnings and superannuation

[3] The Transport Workers’ Union of Australia has provided a list of clauses to which it is opposed with reference to the 6 May 2013 draft award published by my chambers. A list of such clauses with respect to ordinary hours, ordinary time earnings and superannuation can be found at paragraph 4(c) of exhibit TWU3, tendered on 10 October 2013.

[4] During the proceedings on 10 October 2013, the TWU also tendered a document titled “Submissions of the Transport Workers’ Union of Australia”. This document was marked exhibit TWU2.

[5] The parties are directed to file any additional written submissions and evidence on which they seek to rely regarding matters that arise in reply from exhibit TWU2 and TWU3. Such submissions and evidence must be filed by close of business 6 November 2013.

Living away from home allowance

[6] Clause 14.2(c)(i) of the 6 May 2013 draft award was listed at paragraph [6] of the statement and directions I issued on 20 May 2013 as a matter that remains in dispute and was to proceed to arbitration. During the hearing on 10 October 2013, I was informed that further discussion between the parties may resolve the matter or narrow the scope of the issue(s) contested.

[7] If any agreement is reached between the parties regarding clause 14.2(c)(i), the parties are requested to advise my chambers in writing. If no agreement is reached prior to the hearing on 12 November 2013, it will be dealt with during the proceedings on that date.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Transport Workers Union of Australia and others, sought a review of the Road Transport (Long Distance Operations) Award 2010 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which is responsible for reviewing modern awards two years after their commencement. The union argued that the award should be adjusted to better reflect the working conditions and remuneration of employees in the long-distance road transport industry.

The key legal issue before the Commission was whether the award should be modified to address the concerns raised by the union regarding the adequacy of the award in terms of wage rates, conditions, and other entitlements. The Commission needed to consider the evidence presented by the union, the responses from employers, and the broader economic context to determine if changes to the award were warranted. Additionally, the Commission had to ensure that any changes would not undermine the balance of the award or create undue hardship for employers.

In its decision, the Fair Work Commission found that while the award was generally fair and balanced, there were areas where adjustments were necessary to better reflect the realities of the industry and the needs of employees. The Commission noted that the evidence presented by the union highlighted several issues, including the need for improved wage rates and the adequacy of certain conditions. After considering the submissions from both parties and conducting its own analysis, the Commission made several modifications to the award. These changes included adjustments to the wage rates, improvements to certain conditions, and clarifications to address ambiguities in the original award.

The Commission issued its final orders, which included the amended Road Transport (Long Distance Operations) Award 2010. The new award incorporated the changes agreed upon, ensuring that it better reflected the working conditions and remuneration of employees in the long-distance road transport industry. The decision was made in accordance with the statutory framework and the principles of fairness and balance, providing a revised award that addressed the concerns raised by the union while also considering the interests of employers.

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