Modern Awards Review 2012—Apprentices, Trainees and Juniors
[2012] FWA 5102
•14 JUNE 2012
[2012] FWA 5102 |
|
STATEMENT |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5—Modern awards review
Modern Awards Review 2012—Apprentices, Trainees and Juniors
(AM2012/18 and others)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 14 JUNE 2012 |
[1] Further to the statement of 27 April 2012 ([2012] FWA 3514) and following a conference of interested parties on 30 May 2012 this statement provides a process for dealing with applications to vary modern awards in relation to apprentices, trainees and juniors as part of the review of modern awards pursuant to Item 6 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
[2] There are 45 applications to vary modern awards that include matters relating to apprentices, trainees and juniors (see Attachment 1). A Full Bench will be constituted to deal with these applications.
[3] Interested parties to each award are encouraged to meet to discuss the issues relevant to the application in relation to that award with a view to identifying:
- the provisions of the award that are affected and the manner in which the applicant(s) seeks to change the relevant provision;
- the extent of consensus reached; and
- any jurisdictional issues.
[4] The parties may also wish to discuss the issues raised in the Australian Government’s scoping paper of 23 May 2012, including the Principles for Competency-based Wage Progression for Australian Apprentices developed by the Australian Government, the Australian Industry Group, the Australian Chamber of Commerce and Industry and the Australian Council of Trade Unions.
[5] In order to facilitate the process of award by award discussions a schedule of the date, time and location of the initial meetings in respect of each matter is attached (see Attachment 2). The Fair Work Australia Award Modernisation Team will use the award subscription service to notify subscribers of scheduled meetings and the date, time and location of these meetings will also be posted on the Modern Awards Review 2012 section of the Fair Work Australia website. The meetings will be held in Fair Work Australia conference rooms and, subject to availability, videoconferencing will be available to facilitate the process. Inquiries regarding the availability of video conferencing should be directed to [email protected].
[6] The Australian Industry Group will arrange a separate meeting to deal with the National Training Wage schedule.
[7] The initial meetings will only involve the interested parties. A Fair Work Australia member may be subsequently allocated to assist in facilitating these discussions. Any request for such assistance should be made to [email protected].
[8] Participants in the meetings organised in respect of each modern award are to appoint an individual to report back to Fair Work Australia on the outcome of discussions. The report back should be in writing and address the issues identified in paragraphs [3] and [4], and be forwarded to [email protected] by the close of business on Friday 10 August 2012.
[9] A limited number of organisations have suggested that the 2012 Review of Modern Awards encompass a ‘broad review’ of apprentice trainee and junior terms and conditions. Those parties contend that the 2012 Review should not be limited to the issues raised in the applications before the Tribunal. In order to provide greater clarity in respect of this issue the parties supporting such a course are directed to file written submissions dealing with the following matters:
(i) What is the intended scope of the proposed ‘broad review’? Given the range of applications presently before the tribunal what additional issues would be canvassed in such a review? Do the current applications provide sufficient scope to canvass such additional issues and, if not, why not?
(ii) Which provisions of the Fair Work Act 2009 provide the Tribunal with jurisdiction to conduct a proposed ‘broad review’?
[10] These submissions are to be filed by close of business Wednesday 11 July 2012. Submissions in reply are to be filed by close of business Wednesday 8 August 2012.
[11] There is liberty to apply in the event that any variation or clarification is sought in relation to the matters dealt with in this statement. Any such application should be made to [email protected].
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code C, PR525196>
Attachment 1—Applications in relation to apprentices, trainees and juniors
Matter no. | Modern award title | Award ID |
AM2012/18 | All relevant awards | |
AM2012/128 | 98 awards | |
AM2012/135 | 36 awards | |
AM2012/107 | Airline Operations-Ground Staff Award 2010 | MA000048 |
AM2012/282 | Airline Operations-Ground Staff Award 2010 | MA000048 |
AM2012/60 | Aged Care Award 2010 | MA000018 |
AM2012/140 | Black Coal Mining Industry Award 2010 | MA000001 |
AM2012/50 | Broadcasting and Recorded Entertainment Award 2010 | MA000091 |
AM2012/48 | Building and Construction General On-site Award 2010 | MA000020 |
AM2012/129 | Building and Construction General On-site Award 2010 | MA000020 |
AM2012/160 | Building and Construction General On-site Award 2010 | MA000020 |
AM2012/228 | Building and Construction General On-site Award 2010 | MA000020 |
AM2012/52 | Clerks - Private Sector Award 2010 | MA000002 |
AM2012/159 | Electrical Power Industry Award 2010 | MA000088 |
AM2012/157 | Electrical, Electronic and Communications Contracting Award 2010 | MA000025 |
AM2012/161 | Electrical, Electronic and Communications Contracting Award 2010 | MA000025 |
AM2012/184 | Electrical, Electronic and Communications Contracting Award 2010 | MA000025 |
AM2012/59 | Fast Food Industry Award 2010 | MA000003 |
AM2012/178 | Food, Beverage and Tobacco Manufacturing Award 2010 | MA000073 |
AM2012/177 | General Retail Industry Award 2010 | MA000004 |
AM2012/8 | General Retail Industry Award 2010 | MA000004 |
AM2012/141 | Graphic Arts, Printing and Publishing Award 2010 | MA000026 |
AM2012/172 | Hair and Beauty Industry Award 2010 | MA000005 |
AM2012/287 | Hair and Beauty Industry Award 2010 | MA000005 |
AM2012/58 | Health Professionals and Support Services Award 2010 | MA000027 |
AM2012/110 | Higher Education Industry—General Staff—Award 2010 | MA000007 |
AM2012/61 | Higher Education Industry—General Staff—Award 2010 | MA000007 |
AM2012/24 | Hospitality Industry (General) Award 2010 | MA000009 |
AM2012/127 | Joinery and Building Trades Award 2010 | MA000029 |
AM2012/55 | Labour Market Assistance Industry Award 2010 | MA000099 |
AM2012/168 | Local Government Industry Award 2010 | MA000112 |
AM2012/109 | Manufacturing and Associated Industries and Occupations Award 2010 | MA000010 |
AM2012/164 | Meat Industry Award 2010 | MA000059 |
AM2012/54 | Nurses Award 2010 | MA000034 |
AM2012/202 | Plumbing and Fire Sprinklers Award 2010 | MA000036 |
AM2012/183 | Plumbing and Fire Sprinklers Award 2010 | MA000036 |
AM2012/199 | Plumbing and Fire Sprinklers Award 2010 | MA000036 |
AM2012/57 | Social, Community, Home Care and Disability Services Industry Award 2010 | MA000100 |
AM2012/152 | Sugar Industry Award 2010 | MA000087 |
AM2012/56 | Surveying Award 2010 | MA000066 |
AM2012/155 | Telecommunications Services Award 2010 | MA000041 |
AM2012/64 | Timber Industry Award 2010 | MA000071 |
AM2012/53 | Vehicle Manufacturing, Repair, Services and Retail Award 2010 | MA000089 |
AM2012/247 | Vehicle Manufacturing, Repair, Services and Retail Award 2010 | MA000089 |
AM2012/271 | Wine Industry Award 2010 | MA000090 |
Attachment 2—Proposed meeting dates
Meeting | Modern Award | Date | Session | Location |
1 | Joinery and Building Trades Award 2010 | 27 June 2012 | PM | Sydney |
2 | Building and Construction General On-site Award 2010 | 27 June 2012 | PM | Sydney |
3 | Electrical, Electronic and Communications Contracting Award | 2 July 2012 | AM | Sydney |
4 | Timber Industry Award 2010 [MA000071] | 2 July 2012 | AM | Melbourne |
5 | Plumbing and Fire Sprinklers Award 2010 | 2 July 2012 | PM | Melbourne |
6 | Manufacturing and Associated Industries and Occupations Award | 4 July 2012 | AM | Sydney |
7 | Food, Beverage and Tobacco Manufacturing Award 2010 [MA000073] | 4 July 2012 | AM | Sydney |
8 | Graphic Arts, Printing and Publishing Award 2010 | 4 July 2012 | PM | Sydney |
9 | Water Industry Award 2010 [MA000113] | 4 July 2012 | PM | Sydney |
10 | Rail Industry Award 2010 [MA000015] | 4 July 2012 | PM | Sydney |
11 | Electrical Power Industry Award 2010 | 5 July 2012 | AM | Sydney |
12 | Telecommunications Services Award 2010 | 5 July 2012 | AM | Sydney |
13 | Airport Employees Award 2010 [MA000049] | 5 July 2012 | PM | Sydney |
14 | Airline Operations-Ground Staff Award 2010 | 5 July 2012 | PM | Sydney |
15 | Higher Education Industry—General Staff—Award 2010 | 5 July 2012 | PM | Sydney |
16 | Educational Services (Schools) General Staff Award 2010 [MA000076] | 5 July 2012 | PM | Sydney |
17 | Black Coal Mining Industry Award 2010 [MA000001] | 9 July 2012 | AM | Sydney |
18 | Mining Industry Award 2010 [MA000011] | 9 July 2012 | AM | Sydney |
19 | Coal Export Terminals Award | 9 July 2012 | AM | Sydney |
20 | Oil Refining and Manufacturing Award 2010 [MA000072] | 9 July 2012 | PM | Sydney |
21 | Aluminium Industry Award 2010 [MA000060] | 9 July 2012 | PM | Sydney |
22 | Gas Industry Award 2010 [MA000061] | 10 July 2012 | PM | Sydney |
23 | Hydrocarbons Industry (Upstream) Award 2010 [MA000062] | 10 July 2012 | AM | Sydney |
24 | Hydrocarbons Field Geologists Award 2010 [MA000064] | 10 July 2012 | AM | Sydney |
25 | Stevedoring Industry Award 2010 [MA000053] | 10 July 2012 | PM | Sydney |
26 | Sugar Industry Award 2010 [MA000087] | 10 July 2012 | PM | Sydney |
27 | Salt Industry Award 2010 [MA000107] | 10 July 2012 | PM | Sydney |
28 | Racing Industry Ground Maintenance Award 2010 [MA000014] | 13 July 2012 | AM | Sydney |
29 | Racing Clubs Events Award 2010 [MA000013] | 13 July 2012 | AM | Sydney |
30 | Gardening and Landscaping Services Award 2010 [MA000101] | 13 July 2012 | AM | Sydney |
31 | Nursery Award 2010 [MA000033] | 13 July 2012 | AM | Sydney |
32 | Cemetery Industry Award 2010 [MA000070] | 13 July 2012 | PM | Sydney |
33 | Alpine Resorts Award 2010 [MA000092] | 13 July 2012 | PM | Sydney |
34 | Amusement, Events and Recreation Award 2010 [MA000080] | 13 July 2012 | PM | Sydney |
35 | General Retail Industry Award 2010 [MA000004] | 16 July 2012 | AM | Melbourne |
36 | Meat Industry Award 2010 [MA000059] | 16 July 2012 | AM | Melbourne |
37 | Hair and Beauty Industry Award 2010 [MA000005] | 16 July 2012 | AM | Melbourne |
38 | Hospitality Industry (General) Award 2010 [MA000009] | 17 July 2012 | AM | Sydney |
39 | Registered and Licensed Clubs Award 2010 [MA000058] | 17 July 2012 | AM | Sydney |
40 | Restaurant Industry Award 2010 [MA000119] | 17 July 2012 | AM | Sydney |
41 | Children's Services Award 2010 [MA000120] | 17 July 2012 | PM | Sydney |
42 | Dry Cleaning and Laundry Industry Award 2010 [MA000096] | 17 July 2012 | PM | Sydney |
43 | Wine Industry Award 2010 [MA000090] | 17 July 2012 | PM | Sydney |
44 | Local Government Industry Award 2010 [MA000112] | 19 July 2012 | AM | Melbourne |
45 | Real Estate Industry Award 2010 [MA000106] | 19 July 2012 | AM | Melbourne |
46 | Port Authorities Award 2010 [MA000051] | 19 July 2012 | PM | Melbourne |
47 | Textile, Clothing, Footwear and Associated Industries Award 2010 [MA000017] | 20 July 2012 | AM | Melbourne |
48 | Miscellaneous Award 2010 [MA000104] | 20 July 2012 | AM | Melbourne |
49 | NTWS Applications | 20 July 2012 | PM | Melbourne |
50 | GTA Applications (not previously considered) | 20 July 2012 | PM | Melbourne |
3