Modern Awards Review 2012—General Retail Industry Award 2010

[2013] FWC 890

[2013] FWC 890

FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5—Modern awards review

Modern Awards Review 2012—General Retail Industry Award 2010
(AM2012/102 and 10 others)

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	MELBOURNE, 7 FEBRUARY 2013

[1] Further to the Statement made on 14 November 2012 ([2012] FWA 9722), the Australian Retailers Association (ARA) and the Shop, Distributive and Allied Employees Association (SDA) have provided a report on the conferences held between the employer and union parties in order to explore the prospects of reaching agreement on the various applications concerning the review of the General Retail Industry Award 2010 (the Award) currently before me and to determine the best way of dealing with the applications.

[2] The report states that two conferences were held (10 December 2012 and 6 February 2013), and that as a result of the conferences, the parties consider that there are three categories of proposed variations to the Award which need to be addressed by the Fair Work Commission (the Commission) in the current review. These categories are (a) matters about which a consent position can be or has been reached; (b) matters that are contested between the parties but which the parties believe can be dealt with on the basis of written submissions; and (c) matters that are contested and will involve witness evidence and hearings. As a result of the conferences, the parties have jointly proposed a process and timetable for dealing with the applications.

[3] On 7 February 2013, the matters came before me for Mention and Programming. In the proceedings the parties referred to the conferences held and the progress made, and put forward suggestions as to how the Commission should proceed to deal with the matters. In general the parties were agreed in regard to the process and timing outlined in the proposed directions provided by the ARA and SDA. The parties also recognise that hearings may be necessary in relation to the contested matters.

[4] Having considered what has been put by the parties, and noting the progress made in the conferences, the following directions are made by consent in relation to the applications before me:

1. By 4:00 pm, 28 February 2013 the parties are to advise the Commission of each proposed variation to the Award about which they have reached a consent position;

2. By 4:00 pm, 28 February 2013 the parties are to advise the Commission of each proposed variation that is to be dealt with by written submissions only, and each proposed variation which is to be the subject of witness evidence and hearings;

3. In relation to the matters which the parties consider can be dealt with by written submissions only, the following directions are made:

(i) By 4:00 pm, 21 March 2013 each applicant party is to file detailed submissions in the Commission in support of their application;

(ii) By 4:00 pm, 18 April 2013 each employer party that opposes an application made by a union party is to file detailed submissions in the Commission in support of their position;

(iii) By 4:00 pm, 2 May 2013 each union party that opposes an application made by another party is to file detailed submissions in the Commission in support of their position;

4. In relation to the matters which the parties consider will require the presentation of witness evidence and hearings, the following directions are made:

(i) By 4:00 pm, 21 March 2013 each applicant party is to file in the Commission detailed submissions and comprehensive witness statements for any witness evidence to be relied upon in support of their application;

(ii) By 4:00 pm, 28 April 2013 each other interested party is to file in the Commission detailed submissions and comprehensive witness statements for any witness evidence to be relied upon in support of their position on the application(s).

[5] The applications under consideration will be listed for further Mention, Programming and Conference after 28 February 2013 and after the decision of the Full Bench considering applications relating to penalty rates has been handed down. Consideration will be given at that time to the timetabling of further conferences, the making of further directions in relation to the filing of submissions including submissions in reply, and the setting of hearing dates.

[6] In the proceedings today, the parties raised concerns in regard to the identification of the issues under consideration in the current proceedings. This will need to be clarified in relation to the various applications relating to the Award and having regard to the aspects of those applications presently being dealt with by Full Benches of the Commission. This should be done in the Mention and Programming proceedings referred to above.

[7] The parties are encouraged to continue to confer with a view to reaching agreement on the applications or narrowing the issues in contention. In this regard it is noted that the parties may request the Commission to assist this process by way of conciliation.

SENIOR DEPUTY PRESIDENT

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