GrainCorp Operations Limited v The Australian Workers' Union, the National Union of Workers, the Maritime Union of Australia, and the Community and Public Sector Union

[2013] FWC 8565

[2013] FWC 8565

FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 6, Item 4 - Application to make a modern award to replace an enterprise instrument.

GrainCorp Operations Limited
v
The Australian Workers’ Union, the National Union of Workers, the Maritime Union of Australia, and the Community and Public Sector Union
(EM2013/33)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 5 NOVEMBER 2013

Application by GrainCorp Operations Limited to make a modern enterprise award.

[1] An application has been made by GrainCorp Operations Limited (the applicant) under item 4 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (T&C Act) to make a modern enterprise award. This application was listed for mention and directions before me on 30 October 2013.

[2] The applicant has sought directions from the Commission that require the parties to discuss its application. The Australian Workers’ Union, the National Union of Workers, the Maritime Union of Australia and the Community and Public Sector Union (the unions) did not oppose the applicant’s proposal.

[3] The applicant and the unions are directed to discuss the application filed and the terms of the modern enterprise award sought by the applicant.

[4] The matter is listed for report back on 9 December 2013. At that hearing the parties will be expected to advise the Commission of their respective positions regarding the application and a proposed timetable for the filing of relevant documents including a draft of the proposed modern enterprise award. The parties will also be required to make brief submissions that address whether the applicant is a “single enterprise” for the purposes of Division 1, Part 2 of Schedule 6 to the T&C Act.

SENIOR DEPUTY PRESIDENT

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