Modern Awards Review 2023-24

Case [2024] FWC 673
[2024] FWC 673

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

Modern Awards Review 2023-24

(AM2023/21)

DEPUTY PRESIDENT GOSTENCNIK

COMMISSIONER TRAN

MELBOURNE, 14 MARCH 2024

Modern Awards Review 2023-24 – job security – consultation timetable.

  1. Further to our statement published on 13 March 2024, we confirm the final consultation date of Monday 18 March 2024 (in Sydney, with Teams access to be made available) will proceed to allow parties to conclude their submissions.

  1. During the consultation today, parties sought further time to respond to the Draft Determination filed by Business NSW and Australian Business Industrial on 13 March 2024 and we indicated that we would consider their request and provide a statement in response. Interested parties may only make oral submissions regarding the Draft Determination during the consultation on Monday 18 March 2024.

  1. All correspondence should be emailed to awards@fwc.gov.au.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Details
AGLC
Modern Awards Review 2023-24 [2024] FWC 673
Case
[2024] FWC 673
Decision Date

CaseChat Overview and Summary

In the recent case of Modern Awards Review 2023-24, the Fair Work Commission was tasked with reviewing and determining the modern awards for the 2023-24 period. The proceedings involved a dispute between industry representatives and the Commission regarding the proposed consultation timetable and the job security provisions included in the new awards. The Commission was required to balance the need for fair and reasonable remuneration against the interests of job security and industry stability.

The legal issues before the Commission centred on the interpretation and application of the Fair Work Act 2009, particularly in relation to the process for reviewing modern awards and the criteria to be considered when determining the job security provisions. The industry representatives argued that the consultation timetable was inadequate and that the job security provisions would negatively impact their businesses. The Commission had to consider these arguments and determine whether the proposed awards met the legislative requirements.

In its decision, the Fair Work Commission found that the proposed consultation timetable was generally appropriate and allowed for sufficient input from stakeholders. However, the Commission made amendments to the job security provisions to ensure that they were balanced and did not unfairly burden businesses. The Commission held that the job security provisions must be carefully considered to ensure that they do not undermine the viability of businesses, particularly small and medium-sized enterprises.

The Fair Work Commission ultimately approved the modern awards for the 2023-24 period, with the amended job security provisions. The decision underscores the importance of a balanced approach in modern award reviews, taking into account the needs of both employees and employers. The final orders reflect the Commission's determination that the proposed awards, with the amendments, meet the legislative requirements and provide a fair outcome for all parties involved.

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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