Modern Awards Review 2012—Timetable

[2012] FWA 5721

[2012] FWA 5721

FAIR WORK AUSTRALIA

STATEMENT

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Part 2 of Schedule 5, item 6—Review of all modern awards (other than modern enterprise awards and State reference public sector modern awards) after first 2 years

Modern Awards Review 2012—Timetable
(AM2012/1)

JUSTICE ROSS, PRESIDENT MELBOURNE, 5 JULY 2012

[1] Further to earlier statements issued on 17 November 2011 [[2011] FWA 7975] and 27 April 2012 [[2012] FWA 3514] in relation to the 2012 review of modern awards (the Review) this statement provides a summary of progress to date and further details regarding the timetable for dealing with the range of matters to be determined during the review process.

[2] The statement of 17 November 2011 called for applications to be made to vary modern awards as part of the Review. The 279 current applications which have been made include a number of common issues as well as issues which are limited to a particular award.

[3] The scope of the review will be largely confined to the issues raised in the applications. As noted in the 17 November 2011 statement: ‘The review will be based mainly on applications to vary modern awards. In some cases Fair Work Australia may also propose variations. It is likely that these proposed variations will be limited to technical and drafting matters.’

[4] The statement dated 27 April 2012 indicated that applications dealing with common issues would be determined by Full Benches. The common issues are applications relating to:

● penalty rates;
● apprentices, trainees and junior rates;
● award flexibility and annual leave;
● public holidays and
● superannuation.

[5] The range of issues and the number of applications to be determined in the course of the Review presents a significant challenge to the parties and the Tribunal. Peak employer and union bodies have expressed concern that employer and union representatives may be unable to effectively represent their members in the Review unless the Tribunal adopts a careful and co-ordinated approach to the scheduling of proceedings. This statement responds to those concerns.

[6] The Tribunal intends to adopt a four stage process to the Review. A defined number of matters will be dealt with in each stage. There is to be a degree of flexibility in the implementation of this process. The staging process is intended as a guide to the timeframe within which the Review will be conducted. For various reasons some matters may take longer than indicated, for example where there are a large number of applications to vary some awards. In other instances the interested parties may consent to a particular application, allowing it to be determined more quickly.

[7] Any party wishing to have their application expedited or moved to a later stage are to file an application to [email protected] setting out the grounds in support of the application.

[8] Parties interested in a particular modern award are encouraged to discuss the applications relating to that award with a view to arriving at a consent position, or at least narrowing the issues in dispute. If the parties seek any facilitation by a Tribunal member please send an email to [email protected].

Stage 1—1 July to 31 October 2012

[9] During this stage three groups of matters will be dealt with:

(i) Full Bench proceedings in relation to:

• penalty rates in the retail, hospitality, fast food, restaurant, hair and beauty awards (AM2012/8 and others); and



• public holidays (AM2012/134 and others).





(ii) The single industry issues in the following 29 modern awards:

Award ID	Modern award title
MA000046	Air Pilots Award 2010
MA000048	Airline Operations—Ground Staff Award 2010
MA000114	Aquaculture Industry Award 2010
MA000019	Banking, Finance and Insurance Award 2010
MA000001	Black Coal Mining Industry Award 2010
MA000091	Broadcasting and Recorded Entertainment Award 2010
MA000020	Building and Construction General On-site Award 2010
MA000120	Children’s Services Award 2010
MA000002	Clerks—Private Sector Award 2010
MA000083	Commercial Sales Award 2010
MA000023	Contract Call Centres Award 2010
MA000096	Dry Cleaning and Laundry Industry Award 2010
MA000025	Electrical, Electronic and Communications Contracting Award 2010
MA000094	Fitness Industry Award 2010
MA000026	Graphic Arts, Printing and Publishing Award 2010
MA000029	Joinery and Building Trades Award 2010
MA000099	Labour Market Assistance Industry Award 2010
MA000116	Legal Services Award 2010
MA000010	Manufacturing and Associated Industries and Occupations Award 2010
MA000050	Marine Towage Award 2010
MA000034	Nurses Award 2010
MA000072	Oil Refining and Manufacturing Award 2010
MA000119	Restaurant Industry Award 2010
MA000038	Road Transport and Distribution Award 2010
MA000039	Road Transport (Long Distance Operations) Award 2010
MA000100	Social, Community, Home Care and Disability Services Industry Award 2010
MA000087	Sugar Industry Award 2010
MA000042	Transport (Cash in Transit) Award 2010
MA000043	Waste Management Award 2010

Note:

1. The Black Coal Mining Industry Award 2010 matter was listed for mention and programming, before Justice Boulton on 30 May 2012. On 1 June 2012 Justice Boulton directed the parties to hold discussions regarding the application and to advise him of the outcome by 28 June 2012.

2. Applications in respect of coverage of the Road Transport and Distribution Award 2010, Road Transport (Long Distance Operations) Award 2010, Waste Management Award 2010 and the Transport (Cash in Transit) Award 2010 have been allocated to Senior Deputy President Harrison.

(iii) There are 38 modern awards where there has been no application to vary in relation to the review apart from those relating to multiple awards. Item 6 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 states that ‘FWA must conduct a review of all modern awards’ and ‘that each modern award is reviewed in its own right.’ The public holidays Full Bench will refer these awardsto individual Members to deal with under the broad direction of the Bench. As part of these proceedings Members will consider any proposals to remove ambiguity or uncertainty or to correct errors.

Award ID	Modern award title
MA000115	Aboriginal Community Controlled Health Services Award 2010
MA000047	Aircraft Cabin Crew Award 2010
MA000049	Airport Employees Award 2010
MA000060	Aluminium Industry Award 2010
MA000098	Ambulance and Patient Transport Industry Award 2010
MA000078	Book Industry Award 2010
MA000021	Business Equipment Award 2010
MA000095	Car Parking Award 2010
MA000070	Cemetery Industry Award 2010
MA000045	Coal Export Terminals Award 2010
MA000024	Cotton Ginning Award 2010
MA000111	Fire Fighting Industry Award 2010
MA000101	Gardening and Landscaping Services Award 2010
MA000061	Gas Industry Award 2010
MA000008	Horse and Greyhound Training Award 2010
MA000028	Horticulture Award 2010
MA000064	Hydrocarbons Field Geologists Award 2010
MA000062	Hydrocarbons Industry (Upstream) Award 2010
MA000067	Journalists Published Media Award 2010
MA000086	Maritime Offshore Oil and Gas Award 2010
MA000031	Medical Practitioners Award 2010
MA000011	Mining Industry Award 2010
MA000104	Miscellaneous Award 2010
MA000032	Mobile Crane Hiring Award 2010
MA000097	Pest Control Industry Award 2010
MA000051	Port Authorities Award 2010
MA000052	Ports, Harbours and Enclosed Water Vessels Award 2010
MA000108	Professional Diving Industry (Industrial) Award 2010
MA000109	Professional Diving Industry (Recreational) Award 2010
MA000013	Racing Clubs Events Award 2010
MA000014	Racing Industry Ground Maintenance Award 2010
MA000015	Rail Industry Award 2010
MA000107	Salt Industry Award 2010
MA000122	Seagoing Industry Award 2010
MA000040	Silviculture Award 2010
MA000053	Stevedoring Industry Award 2010
MA000103	Supported Employment Services Award 2010
MA000102	Travelling Shows Award 2010

Stage 2—31 October 2012 to 31 January 2013

[10] During this stage two groups of matters will be heard and determined:

(i) Full Bench proceedings in relation to apprentices, trainees and junior rates (AM2012/18 and others); and

(ii) the single industry issues in the following 27 modern awards:

Award ID	Modern award title
MA000018	Aged Care Award 2010
MA000080	Amusement, Events and Recreation Award 2010
MA000118	Animal Care and Veterinary Services Award 2010
MA000054	Asphalt Industry Award 2010
MA000055	Cement and Lime Award 2010
MA000022	Cleaning Services Award 2010
MA000056	Concrete Products Award 2010
MA000003	Fast Food Industry Award 2010
MA000004	General Retail Industry Award 2010
MA000005	Hair and Beauty Industry Award 2010
MA000027	Health Professionals and Support Services Award 2010
MA000006	Higher Education Industry—Academic Staff—Award 2010
MA000007	Higher Education Industry—General Staff—Award 2010
MA000093	Marine Tourism and Charter Vessels Award 2010
MA000059	Meat Industry Award 2010
MA000033	Nursery Award 2010
MA000063	Passenger Vehicle Transportation Award 2010
MA000035	Pastoral Award 2010
MA000012	Pharmacy Industry Award 2010
MA000036	Plumbing and Fire Sprinklers Award 2010
MA000057	Premixed Concrete Award 2010
MA000058	Registered and Licensed Clubs Award 2010
MA000068	Seafood Processing Award 2010
MA000016	Security Services Industry Award 2010
MA000017	Textile, Clothing, Footwear and Associated Industries Award 2010
MA000089	Vehicle Manufacturing, Repair, Services and Retail Award 2010
MA000113	Water Industry Award 2010

[11] A conference of interested parties in relation to apprentices, trainees and junior rates was held on 30 May 2012 to establish a process for dealing with these applications. A separate statement was issued on 14 June 2012 [[2012] FWA 5102] outlining the process to be followed.

Stage 3—31 January to 31 March 2013

[12] During this stage the following matters will be dealt with:

• Full Bench proceedings in relation to Textile, Clothing, Footwear and Associated Industries Award 2010, in respect of outworkers (AM2012/225 and others); and



• Full Bench proceedings in relation to Annual leave, including annual leave loading (AM2012/246 and others) and Award flexibility (AM2012/221 and others).

Stage 4—1 April to 31 May 2013

[13] The hearing of applications in relation to superannuation will be dealt with in Stage 4 following the release of the Productivity Commission’s final report on Default Superannuation Funds in Modern Awards due in October 2012.

[14] During this stage the remaining single industry issues in the following 28 modern awards will be heard and determined:

Award ID	Modern award title
MA000092	Alpine Resorts Award 2010
MA000079	Architects Award 2010
MA000110	Corrections and Detention (Private Sector) Award 2010
MA000085	Dredging Industry Award 2010
MA000075	Educational Services (Post-Secondary Education) Award 2010
MA000076	Educational Services (Schools) General Staff Award 2010
MA000077	Educational Services (Teachers) Award 2010
MA000088	Electrical Power Industry Award 2010
MA000073	Food, Beverage and Tobacco Manufacturing Award 2010
MA000105	Funeral Industry Award 2010
MA000009	Hospitality Industry (General) Award 2010
MA000081	Live Performance Award 2010
MA000112	Local Government Industry Award 2010
MA000117	Mannequins and Models Award 2010
MA000030	Market and Social Research Award 2010
MA000069	Pharmaceutical Industry Award 2010
MA000074	Poultry Processing Award 2010
MA000065	Professional Employees Award 2010
MA000037	Quarrying Award 2010
MA000106	Real Estate Industry Award 2010
MA000082	Sporting Organisations Award 2010
MA000121	State Government Agencies Administration Award 2010
MA000084	Storage Services and Wholesale Award 2010
MA000066	Surveying Award 2010
MA000041	Telecommunications Services Award 2010
MA000071	Timber Industry Award 2010
MA000090	Wine Industry Award 2010
MA000044	Wool Storage, Sampling and Testing Award 2010

Conclusion

[15] At the conclusion of Stage 4, the Award flexibility Full Bench will formally close the Review of all modern awards.

PRESIDENT

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