Master Builders Australia Limited and others

[2013] FWC 1415

[2013] FWC 1415

FAIR WORK COMMISSION

STATEMENT

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

Master Builders Australia Limited and others
(AM2012/48 and others)

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 7 MARCH 2013

Award modernisation review.

[1] On 5 March 2013, the Construction, Forestry, Mining and Energy Union (CFMEU) corresponded with Senior Deputy President Watson providing a “CFMEU, AWU, AMWU, CEPU, HIA and MBA Combined Proposal re Changes to the Definitions Clause and Other Related Provisions” intended to dispose of various proposed applications which deal with the concept of ordinary hours/reference rates under the Building and Construction Industry On-Site Award 2010 (the Award).

[2] That correspondence has been posted on the Fair Work Commission’s web-site page in the 2012 Review section dealing with the Building and Construction Industry On-Site Award 2010.

[3] The CFMEU correspondence of 5 March 2013 is further to an email of 1 February 2013 (posted on the 2012 Review website) from the Master Builders Australia Ltd (MBA) with the concurrence of the CFMEU which advised:

• a rationalisation of the definition of the concept of ordinary hours/reference rates under the Award was close to agreement between the MBA and the CFMEU; and



• a review of the nature and extent of allowances under the Award will not be the subject of agreement but the MBA will not press for the comprehensive overhaul of allowances during the current review but will await the 2014 Review.

[4] A conference/hearing has been listed at 4.30 pm on Thursday, 21 March 2013 in Melbourne (and via video to Sydney and Perth if requested) in order to ensure that the positions of all interested parties are properly understood and all interested parties have an opportunity to make full submissions on the issues deferred for consideration in the 11 December 2012 Statement of Senior Deputy President Watson. Senior Deputy President Watson will attend in Melbourne.

[5] All interested parties should ensure that they are prepared for the conference/hearing and able to fully indicate their positions, and the need for further submissions, if necessary in relation to the outstanding issues.

[6] The conference/hearing will provide an opportunity for all interested parties to express their views in relation to the combined proposal in relation to reference rates recorded in the 5 March 2013 email from the CFMEU and for all parties to identify which variations within their applications are no longer sought in light of the combined proposal in relation to reference rates and the MBA decision not to press for a comprehensive overhaul of allowances in the 2012 Review (subject to reserving its rights in relation to the 2014 Review).

[7] Finally, by correspondence of 12 December 2012, the Housing Industry Association Limited (HIA) advised of a proposed agreed variation of clause 25.5, and its terms. On 13 December 2012, I issued directions affording interested parties the opportunity to make written submissions in relation to the amended variation by 19 December 2012. On 18 December 2012, the CFMEU advised its consent to the proposed variation on behalf of itself, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. No other submissions were received.

[8] On 4 January 2013, the HIA filed correspondence confirming the consent position recorded in its 12 December 2012 correspondence. However, on 10 January 2013, notwithstanding the absence of any submissions in relation to the directions of 13 December 2012, other than that of the CFMEU on 18 December 2012, the HIA advised that it had been brought to its attention that not all interested parties can consent to the variation to clause 25.5 in the form it proposed and that the parties would met again in relation to it on 17 January 2013. No subsequent information concerning the amended clause 25.5 proposed by the HIA was provided.

[9] As a result, I will provide a further and final opportunity for any interested party to put submissions in relation to the amended clause 25.5 proposed in the HIA correspondence of 12 December 2012 during the conference/hearing of 21March 2013 or, in writing, before the conference/hearing.

SENIOR DEPUTY PRESIDENT

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