Modern Awards Review 2012— Food, Beverage and Tobacco Manufacturing Award 2010
[2013] FWC 4637
•12 JULY 2013
[2013] FWC 4637 |
FAIR WORK COMMISSION |
DECISION |
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
Modern Awards Review 2012— Food, Beverage and Tobacco Manufacturing Award 2010
(AM2012/89, AM2012/147, AM2012/176, AM2012/178, AM2012/244, AM2012/259)Food, beverages and tobacco manufacturing industry | |
COMMISSIONER HAMPTON | ADELAIDE, 12 JULY 2013 |
Modern Award Review 2012 - certain matters allocated to single member - application made by party who then did not seek to participate in the process - additional application withdrawn by another party - other matters to be listed.
[1] The Fair Work (Transitional Provisions and Consequential Amendments)Act 2009 (the Transitional Provisions Act) provides that the Fair Work Commission 1 (FWC) must conduct a review of all modern awards2 as soon as practicable after 1 January 2012 (the Review).
[2] This decision concerns certain applications made as part of the Review relevant to the Food, Beverage and Tobacco Manufacturing Award 2010 (the modern award).
[3] On 13 June 2013, I conducted a directions hearing to deal with six applications that had been referred to me. Notice of the directions hearing was provided through the FWC website to all modern award subscribers and separately to each of the applicant parties who had lodged the various applications.
[4] Directions were subsequently issued by the Commission on 17 June 2013 and this decision concerns two of the applications referred to in those directions.
AM2012/178 - Application by the Baking Industry Association of Queensland - Union of Employers
[5] The Baking Industry Association of Queensland - Union of Employers (BIAQ) did not participate in the directions hearing or take any action to contact the Commission. I also note that the BIAQ has also made a number of other applications as part of this Review and has also failed to participate in the hearings and other processes conducted by the Commission. 3
[6] As a result, in the directions issued on 17 June, I provided as follows:
“2. That the Baking Industry Association of Queensland - Union of Employers is by 24 June 2013 to confirm in writing with the FWC, that it intends to participate in these review proceedings and will provide material in support of its application. In the event that confirmation is not provided by that date, application AM2012/178 will be dismissed without further notice or hearing.”
[7] The BIAQ has not confirmed its intention to participate in the Review proceedings and has not sought to contact the Commission more generally.
[8] In the circumstances, and given the absence of any material to support the application, it is appropriate that I now dismiss the BIAQ application AM2012/178 and I so order.
AM2012/176 - Application by Beerenberg Pty Ltd
[9] Beerneberg Pty Ltd (Beerenberg) made application to vary the modern award in relation to classifications. As part of the directions hearing it was directed to provide a draft variation to better illustrate the import of its application.
[10] By way of correspondence dated 3 July 2013, Beerenberg advised that although it maintained its view about the classification structure of the modern award, it would discontinue its application and seek to advance its position as part of the subsequent four yearly review of modern awards.
[11] Accordingly, application AM2012/176 has been discontinued.
The other applications
[12] The remaining applications were adjourned on 13 June 2013 to permit the parties to have further discussions with a view to reaching a level of agreement and/or otherwise prepare their respective cases.
[13] Those applications will shortly be subject to a further directions hearing at which point I would expect the parties to be a position to confirm their respective positions with a view to the matters being advanced and finalised in the near future.
Appearances:
S West of the South Australian Employers Chamber of Commerce and Industry, trading as Business SA.
N Hardingham of Beerenberg Pty Ltd.
J Van Bronswijk of The Australian Industry Group.
Z Jenkins of Australian Business Industrial.
A Duc of The Baking Manufacturers’ Industry Association of Australia.
K Veleso of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU).
W Ash of United Voice.
Z Angus of The Australian Workers’ Union.
A Portelli of the National Union of Workers.
Hearing details:
2013
Adelaide, with video link to Sydney and Melbourne
June 13.
Final written submission:
2013
July 3.
1 Fair Work Australia became the Fair Work Commission on 1 January 2013.
2 The Review does not include modern enterprise awards or State Reference Public Sector Awards.
3 See Modern Awards Review 2012—Penalty Rates [2013] FWCFB 1635 at par [282] as an example.
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