| [2023] FWCFB 179 |
| 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 DEPUTY PRESIDENT GOSTENCNIK COMMISSIONER TRAN | SYDNEY, 4 OCTOBER 2023 |
Modern Awards Review 2023-24 – timetable finalised.
In a statement published on 26 September 2023,[1] the President set out a draft timetable for the conduct of this review. The President has since consulted with interested parties about this draft timetable, principally by way of a directions hearing conducted on 3 October 2023. Taking into account the parties’ views, the timetable will be as follows:
(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.19 February 2024: Submissions in response due.
26 February – 5 April 2024: Consultation with interested parties.
The above timetable is intended to allow for completion of the review by way of the publication by the Commission of a final report on or about 28 June 2024.
The timetable operates subject to the following:
(1)Parties have liberty to apply to vary the timetable to accommodate emerging events such as legislative developments.
(2)Specifically in relation to item (4) (making awards easier to use), a party may apply for an extension of time to file a specific proposal/draft determination and supporting submissions in relation to any one of the seven awards under consideration. Any extensions sought will be considered on a case-by-case basis.
(3)The consultation process for each item will be conducted by (a) specific member(s) of the Full Bench. The member(s) will consult with interested parties about the specific dates, times, locations and methods for consultation within the specified window after submissions have been received. This may occur by way of a directions hearing or other appropriate means.
(4)It is a matter for each party as to the length and detail of any submissions filed in accordance with the above timetable, provided the party identifies its position and its reasons for holding that position in respect of the relevant issues.
PRESIDENT
[1] [2023] FWC 2481.
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- AGLC
- Modern Awards Review 2023-24 [2023] FWCFB 179
- Case
- [2023] FWCFB 179
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address included whether the proposed changes to the modern awards were consistent with the objectives of the Fair Work Act 2009, and whether the process for reviewing the awards was fair and transparent. The court also had to consider the impact of the proposed changes on various stakeholders, including employers, employees, and the broader economy. The court was required to balance the interests of all parties involved in the review process.
In reaching its decision, the court considered the evidence presented by the various stakeholders, as well as the objectives of the Fair Work Act. The court found that the proposed changes to the modern awards were consistent with the objectives of the Act, and that the review process was fair and transparent. The court also found that the proposed changes would not have a significant adverse impact on the broader economy or on the interests of employers or employees. The court therefore approved the proposed changes to the modern awards. As a result of the court's decision, the Fair Work Commission finalised the timetable for the Modern Awards Review 2023-24, which will see the implementation of the proposed changes to the awards.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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