STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Award stage—Group 4 awards
(AM2014/250 and others)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 24 MARCH 2015

4 yearly review of modern awards – group 4 awards - deferral of conferences scheduled for 31 March and 1 April until late in 2015.

[1] The Award stage of the Review is being undertaken in stages. The 122 modern awards have been divided into four groups with the awards allocated to Group 4 listed in Attachment A. A Statement issued on 23 January 2015 1 directed parties to lodge submissions by 2 March 2015 outlining any changes they propose during the review of the Group 3 and 4 awards. Those submissions have been published on the relevant award pages on the Commission’s website.

[2] A Statement issued on 19 March 2015 2 in relation to the Public Holidays common issue (AM2014/301) stated that this common issue would not be dealt with until after the Penalty Rates common issue is determined in AM2014/305. Most of the awards being dealt with during the Penalty Rates common issue have been allocated to Group 4 and during a conference in relation to the common issues, parties requested that the Group 4 awards not be dealt with at the same time as the Penalty Rates or Public Holidays common issues3. Accordingly the Commission has decided to defer the hearing of Group 4 review matters until 2016.

[3] The conferences scheduled for 31 March and 1 April 2015 to consider issues in Group 4 awards will be deferred until later in 2015. The conferences in relation to the Group 3 awards will proceed on 30 March 2015. An amended Notice of listing for the 30 March conference will be issued later today.

PRESIDENT

ATTACHMENT A—GROUP 4 AWARDS

Title	Award Code	Matter No.	Sub-group
Aboriginal Community Controlled Health Services Award 2010	MA000115	AM2014/250	4A
Aged Care Award 2010	MA000018	AM2014/251	4A
Air Pilots Award 2010	MA000046	AM2014/252	4B
Aircraft Cabin Crew Award 2010	MA000047	AM2014/253	4B
Airline Operations – Ground Staff Award 2010	MA000048	AM2014/254	4B
Airport Employees Award 2010	MA000049	AM2014/255	4B
Amusement, Events and Recreation Award 2010	MA000080	AM2014/256	4D
Architects Award 2010	MA000079	AM2014/257	4E
Book Industry Award 2010	MA000078	AM2014/258	4D
Broadcasting and Recorded Entertainment Award 2010	MA000091	AM2014/259	4D
Building and Construction General On-site Award 2010	MA000020	AM2014/260	4E
Car Parking Award 2010	MA000095	AM2014/261	4C
Cemetery Industry Award 2010	MA000070	AM2014/262	4C
Children’s Services Award 2010	MA000120	AM2014/263	4A
Dry Cleaning and Laundry Industry Award 2010	MA000096	AM2014/264	4F
Educational Services (Teachers) Award 2010	MA000077	AM2014/266	4A
Electrical, Electronic and Communications Contracting Industry Award 2010	MA000025	AM2014/265	4E
Fast Food Industry Award 2010	MA000003	AM2014/267	4F
Food, Beverage and Tobacco Manufacturing Award 2010	MA000073	AM2014/268	4C
Funeral Industry Award 2010	MA000105	AM2014/269	4C
General Retail Industry Award 2010	MA000004	AM2014/270	4F
Hair and Beauty Industry Award 2010	MA000005	AM2014/271	4F
Hospitality Industry (General) Award 2010	MA000009	AM2014/272	4F
Hydrocarbons Field Geologists Award 2010	MA000064	AM2014/273	4E
Joinery and Building Trades Award 2010	MA000029	AM2014/274	4E
Journalists Published Media Award 2010	MA000067	AM2014/275	4D
Live Performance Award 2010	MA000081	AM2014/276	4D
Mannequins and Models Award 2010	MA000117	AM2014/277	4F
Mobile Crane Hiring Award 2010	MA000032	AM2014/278	4E
Pest Control Industry Award 2010	MA000097	AM2014/279	4C
Plumbing and Fire Sprinklers Award 2010	MA000036	AM2014/280	4E
Professional Employees Award 2010	MA000065	AM2014/281	4C
Racing Clubs Events Award 2010	MA000013	AM2014/282	4D
Registered and Licensed Clubs Award 2010	MA000058	AM2014/283	4F
Restaurant Industry Award 2010	MA000119	AM2014/284	4F
Social, Community, Home Care and Disability Services Industry Award 2010	MA000100	AM2014/285	4A
Supported Employment Services Award 2010	MA000103	AM2014/286	4A
Surveying Award 2010	MA000066	AM2014/287	4E
Travelling Shows Award 2010	MA000102	AM2014/288	4D
Water Industry Award 2010	MA000113	AM2014/289	4C

1 [2015] FWC 618

2 [2015] FWC 1921

3 Transcript – 13 March 2015 at paras 31–43

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission (FWC) was involved in the four yearly review of modern awards, specifically Group 4 awards, as outlined in the Fair Work Act 2009, section 156. The decision was handed down by Justice Ross, President, on 24 March 2015. The review process was divided into stages, with the 122 modern awards allocated into four groups. The Group 4 awards were to be reviewed at a later date, as decided by the Commission. The review was intended to ensure that the modern awards remained fair and relevant to the changing needs of the workforce.

The primary legal issue for the court was to determine the appropriate timeline for the review of Group 4 awards. The court had to consider the submissions from the parties involved and the impact of the review on the relevant industries. Additionally, the court had to decide whether the Group 4 awards should be reviewed concurrently with the Penalty Rates and Public Holidays common issues or separately. The court had to balance the need for a timely review with the potential for confusion or overlap in the review process.

The FWC decided to defer the review of Group 4 awards until 2016. The court reasoned that the review of these awards should not occur simultaneously with the Penalty Rates and Public Holidays common issues, as this could cause confusion and overlap in the review process. The court also noted that most of the awards being dealt with during the Penalty Rates common issue were allocated to Group 4, further justifying the deferral of the review. The conferences scheduled for 31 March and 1 April 2015 were postponed until later in the year, while the conferences for Group 3 awards proceeded as planned on 30 March 2015.

The final orders of the court were to defer the conferences scheduled for 31 March and 1 April 2015 until later in 2015 and to proceed with the conferences for Group 3 awards on 30 March 2015. An amended Notice of listing for the 30 March conference was to be issued later that day.

FAIR WORK COMMISSION STATEMENT

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