Horse and Greyhound Training Award 2020
[2022] FWC 2765
•14 OCTOBER 2022
| [2022] FWC 2765 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error
Horse and Greyhound Training Award 2020
(AM2022/31)
| Racing industry | |
| JUSTICE ROSS, PRESIDENT | MELBOURNE, 14 OCTOBER 2022 |
Section 160 of the Fair Work Act 2009 (Cth) – variation on the Commission’s own motion – correction of an error – Horse and Greyhound Training Award 2020
A Full Bench decision[1] (Pro rata Full Bench) made as part of the 4 Yearly Review deleted the following sentence from Horse and Greyhound Training Award 2010 (HGT):
10.3 Part-time employment
A part-time employee means an employee who works a regular pattern of hours from week to week which is less than the standard ordinary hours in any week.
The terms of this award apply pro rata for part-time employees on the basis that ordinary weekly hours for full-time employees are 38.
The decision was given effect by a determination from the Commission that was published on 29 May 2020.[2]
Prior to the above decision another 4 Yearly Review Full Bench decision consolidated the HGT by deleting the 2010 award and replacing it with the 2020 award.[3] This decision took effect on 18 June 2020. The 2020 HGT Award contained the following provision, at clause 9.2, that had subsequently been deleted from the 2010 award by the Pro rata Full Bench decision:
9.2 The terms of this award apply pro rata for part-time employees on the basis that ordinary weekly hours for full-time employees are 38.
It is clear that there has been an error and that a decision deleting clause 10.3 in the 2010 award should have been reflected in the 2020 award and has not been.
It is my provisional view that in order to give effect to the pro rata Full Bench decision, clause 9.2 will be deleted. Any subsequent structural changes will be made to clause 9 to accommodate this change.
A draft determination has been prepared and will be published with this Decision.
Any submissions opposing my provisional view are to be filed by 4pm on Friday
21 October 2022. Any submissions are to be sent to [email protected]. In the absence of any opposition, I will confirm my provisional view and the variation will be made in the terms set out in the draft determination, operative Friday 28 October 2022.
PRESIDENT
<MA000008 PR746847>
[1] [2020] FWCFB 2788. 29 May 2020.
[2] PR719717, 29 May 2020.
[3] [2020] FWCFB 2124, 27 April 2020.
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