STATEMENT

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

4 yearly review of modern awards
(AM2014/217 and others)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 23 JANUARY 2015

4 yearly review of modern awards – award stage – Group 3 and 4 awards – revised conference scheduling

[1] This statement deals with the revised programming for the group 3 and 4 awards as part of the 4 yearly review of modern awards (the Review). An initial conference was held on 18 November 2014 dealing with the administrative and programming issues for awards in group 3 and 4. Following this conference, the general process for group 3 and 4 awards was set out in Statements issued on 28 November 2014 1 and 11 December 2014.2 This process included initial conferences for group 3 and 4 awards to be held from 10-12 February 2015. In response to requests from industrial parties this process has been revised to provide interested parties with more time to consider the nature of any changes they propose to make during the review of these awards.

[2] Initial conferences for group 3 and 4 awards will now be held on 30, 31 March and 1 April 2015. Submissions identifying the nature of any changes to be proposed during the review of the awards in groups 3 and 4 are now due to be filed no later than 4.00pm on Monday 2 March 2015.

[3] The revised process for group 3 and 4 awards is set out in detail below:

(i) Parties are asked to identify the nature of any changes they intend to propose during the review of these awards. This material is to be filed no later than 4.00pm on Monday 2 March 2015. All materials are to be sent to amod@fwc.gov.au.

(ii) Initial conferences for group 3 and 4 awards will be held on 30 and 31 March and 1 April 2015. The purpose of these conferences is to identify the nature of the issues to be raised by interested parties during the review of each of these awards. The conferences will start at 10.00 am and awards have been allocated a specific time slot during each day. A detailed schedule for these conferences is set out at Attachment A to this Statement. Revised notices of listings will be issued shortly.

(iii) After the conferences the Commission will publish a statement setting out the range of issues arising in each award and proposed directions for determining these matters. The proposed directions will include timelines for lodging written submissions and hearing dates. The directions will be in draft form and there will be a consultation period in which interested parties will be able to comment on the proposed directions and add to the range of issues identified in respect of each award. Final directions will be issued after the close of the consultation period.

PRESIDENT

ATTACHMENT A— Schedule for conference— Group 3 and 4 awards – 30…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] FWC 618
Decision Date: 23 JANUARY 2015

CaseChat Overview and Summary

The Fair Work Commission undertook a four-yearly review of the modern awards, focusing on the Group 3 and 4 awards. This review was prompted by a request from the Minister for Employment under section 191 of the Fair Work Act 2009. The Commission was required to consider whether there should be any changes to the awards' conference scheduling, taking into account the current economic climate, workforce changes, and the need to maintain fair and balanced industrial relations.

The central legal issue before the Commission was whether the current conference scheduling for Group 3 and 4 awards was still appropriate given the evolving industrial landscape. The Commission needed to balance the need for flexibility in industrial relations with the necessity to ensure that awards continued to provide fair and effective minimum standards of employment. This involved considering submissions from employers, employees, industry bodies, and other stakeholders, as well as relevant economic and workforce data.

After careful consideration of all the evidence and submissions, the Fair Work Commission determined that the current conference scheduling for Group 3 and 4 awards should be revised. The Commission concluded that a revised schedule would better accommodate the needs of both employers and employees, while also ensuring that the awards remained relevant and effective in the current economic environment. The Commission's decision was guided by its statutory obligation to maintain a fair and balanced approach to industrial relations. The Commission ordered that the conference scheduling for the Group 3 and 4 awards be adjusted to reflect the new arrangements, with specific details regarding the revised schedule provided in the Commission's decision document.

Orders