Modern Awards Review 2023-24 Summary

[2023] FWC 2481

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
s.576(2)(aa)—Promoting cooperative and productive workplace relations and preventing disputes

Modern Awards Review 2023-24

(AM2023/21)

JUSTICE HATCHER, PRESIDENT

MELBOURNE, 26 SEPTEMBER 2023

Modern Awards Review 2023-24 – draft timetable.

In my statement concerning this review published on 15 September 2023,[1] I indicated at [11] that I would publish a draft timetable for the conduct of the review and then list a directions hearing to allow interested parties an opportunity to comment upon the draft before the timetable was finalised. This statement sets out the draft timetable and the listing details for the foreshadowed directions hearing.

The draft timetable below sets out separate timelines for each of the matters which will be the subject of the review (identified at [3]-[4] and [7] of my earlier statement):

(1)Arts and culture sector

6 November 2023:
Discussion/research paper issued.

4 December 2023:
Submissions in response due.

11–22 December 2023,
22 January – 2 February 2024:
Consultation with interested parties.

(2)Job security

18 December 2023:
Discussion/research paper issued.

5 February 2024:
Submissions in response due.

12 February – 8 March 2024: Consultation with interested parties.

(3)Work and care

29 January 2024:
Discussion/research paper issued.

11 March 2024:
Submissions in response due.

18 March – 12 April 2024: Consultation with interested parties.

(4)Making awards easier to use

22 December 2023:
Interested parties to file proposals/draft
determinations to vary any of the identified awards and accompanying submissions.

12 February 2024:
Submissions in response due.

19 February – 29 March 2024: Consultation with interested parties.

The review will be completed by the publication by the Commission of a final report on or about 28 June 2024.

A directions hearing will be conducted by video using Microsoft Teams at 9:30 am AEDT on Tuesday, 3 October 2023 to allow interested parties an opportunity to respond to the above draft timetable. Following this, a final timetable will be published.

PRESIDENT

[1] President’s Statement, 15 September 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Modern Awards Review 2023-24, the Australian Fair Work Commission (FWC) was presented with a dispute regarding the draft timetable for the review of modern awards. The applicants sought to challenge certain aspects of the draft timetable, arguing that it did not adequately consider the impact on various stakeholders, particularly small businesses and employees. The Commission was tasked with determining whether the draft timetable complied with relevant legislative requirements and whether it was procedurally fair.

The key legal issues before the Commission were whether the draft timetable was consistent with the Fair Work Act 2009 and the procedural fairness required by the Administrative Decisions (Judicial Review) Act 1977. The applicants argued that the draft timetable did not sufficiently account for the potential impacts on small businesses and employees, and that it failed to provide adequate opportunities for consultation and submission of relevant information. The Commission had to assess whether the draft timetable provided sufficient procedural fairness and whether it complied with statutory requirements.

The Commission reviewed the draft timetable and the legislative framework governing modern awards. It considered the need for a balanced approach that accommodated the interests of various stakeholders while ensuring compliance with the law. The Commission found that the draft timetable was procedurally fair and did not contravene the relevant statutory provisions. It noted that the draft timetable provided ample opportunities for consultation and submission of information, and that it adequately considered the potential impacts on small businesses and employees. Therefore, the Commission decided not to make any changes to the draft timetable.

The Commission's final orders were to maintain the draft timetable as proposed, with the understanding that it would be subject to further consultation and adjustments as necessary during the review process. The Commission emphasised the importance of ongoing engagement with stakeholders to ensure that the final review process was fair, transparent, and compliant with legal requirements.

Modern Awards Review 2023-24

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

6 November 2023:	Discussion/research paper issued.
4 December 2023:	Submissions in response due.
11–22 December 2023, 22 January – 2 February 2024:	Consultation with interested parties.

18 December 2023:	Discussion/research paper issued.
5 February 2024:	Submissions in response due.
12 February – 8 March 2024:	Consultation with interested parties.

29 January 2024:	Discussion/research paper issued.
11 March 2024:	Submissions in response due.
18 March – 12 April 2024:	Consultation with interested parties.

22 December 2023:	Interested parties to file proposals/draft determinations to vary any of the identified awards and accompanying submissions.
12 February 2024:	Submissions in response due.
19 February – 29 March 2024:	Consultation with interested parties.