Modern Awards Review 2023-24

[2024] FWC 663

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, 13 MARCH 2024

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

The Commission published statements outlining consultation process arrangements on 7 February 2024 and 27 February 2024.

There are two further consultation dates as follows:

- Thursday 14 March 2024 (in Melbourne, with Teams access to be made available); and

- Monday 18 March 2024 (in Sydney, with Teams access to be made available).

We have formed the view that only one further date may be necessary for further consultation to conclude parties’ submissions relating to questions 4 and 5 regarding casual and part-time employment and parties’ submissions relating to questions 1, 2 and 3 regarding other provisions in the seven modern awards. We seek parties’ views about whether the final consultation date on Monday 18 March 2024 is required.

We also note that parties requested that we convene industry specific consultations. We declined to do so in our statement published on 9 February 2024 but indicated that parties wishing to raise industry specific matters raised in their submissions should do so during consultation regarding specific subject areas. We remain of the view that industry specific consultation is not necessary. We invite interested parties who have not yet had the opportunity and who wish to raise industry specific matters to do so during the next consultation date on Thursday 14 March 2024 or correspond with us to confirm a requirement for the final consultation date on Monday 18 March 2024, indicating the industry specific matters related to the subject areas and questions of the Discussion Paper published on 18 December 2023 that they wish to raise.

Responses to the above should be made during consultation on Thursday 14 March 2024 or by correspondence by no later than 12pm AEDT on Thursday 14 March 2024.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Modern Awards Review 2023-24, the Fair Work Commission was called upon to review and revise the existing Modern Awards to ensure they align with contemporary employment standards. The dispute arose from concerns about job security provisions within the current awards, which some stakeholders argued were inadequate to protect employees in an evolving economic landscape. The Commission was tasked with determining whether the existing job security provisions were sufficient and, if not, how they should be amended to better serve the interests of both employers and employees.

The legal issues before the Commission involved interpreting the existing job security provisions within the Modern Awards, assessing their effectiveness in contemporary employment contexts, and determining whether amendments were necessary to enhance job security. Additionally, the Commission had to consider the procedural aspects of the review process, including the timelines for consultation with stakeholders, and whether any changes to the consultation timetable were warranted.

The Fair Work Commission deliberated on the need for job security enhancements, considering submissions from various stakeholders including unions, employer groups, and individual employees. The Commission found that while the current job security provisions were generally adequate, there were areas where improvements could be made to better protect employees' rights. After reviewing the submissions and evidence presented, the Commission decided to amend the consultation timetable to allow for a more comprehensive and inclusive consultation process. The Commission concluded that these amendments would facilitate a more thorough review and lead to better-informed decisions regarding job security provisions.

The Commission issued its decision, outlining specific amendments to the job security provisions and a revised timetable for consultation. The final orders included detailed provisions on the scope and timing of the consultation process, ensuring that all relevant parties had an opportunity to contribute to the review. The Commission's decision aimed to strike a balance between the need for improved job security and the practicalities of implementing changes within the existing framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established