Review of fixed-term contract provisions - Higher Education Awards

[2024] FWCFB 414

[2024] FWCFB 414

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

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

Review of fixed-term contract provisions – Higher Education Awards

(AM2024/39)

Educational services
DEPUTY PRESIDENT SLEVIN COMMISSIONER JOHNS COMMISSIONER HARPER-GREENWELL COMMISSIONER TRAN	SYDNEY, 1 NOVEMBER 2024

Modern Awards Review 2023–24 – fixed-term contract provisions – Higher Education Industry—Academic Staff—Award 2020 – Higher Education Industry—General Staff—Award 2020.

1. In accordance with the Statement issued on 30 September 2024,[1] a conference was held before the presiding member to hear the parties’ views on the list of provisional issues set out in the Statement and the timetabling of the matter.

1. Correspondence provided by the Australian Higher Education Industrial Association and representatives of a number of Universities generally accepted the list of provisional issues as appropriate for consideration in the Review. The correspondence also suggested that the Full Bench consider as a preliminary question going to the proper construction of ss 333E and 333F of the Fair Work Act 2009 being whether the exemption in s 333F(1)(h) was as broad as suggested in submissions made by the National Tertiary Education Union during the Modern Awards Review 2023–2024. At the conference on 30 September 2024 a number of further matters were raised going to the detail of the issues to be determined in the Review.

1. The parties have requested that a member of the Full Bench conduct a series of conferences to discuss the issues raised by this Review and to explore whether there is consensus on narrowing those issues.  The conference may also deal with the manner in which our Review is to be conducted.

1. We have decided that further conferences for the purpose of seeking consensus on confining the issues to be determined in the Review, considering the preliminary issue raised by the Universities, and the programming of the Review is appropriate.

2. Commissioner Tran will conduct conferences on 14, 21 and 28 November 2024. Following the conferences a report back will be listed for further programming of the Review. A Notice of listing will be issued separately.  

DEPUTY PRESIDENT

[1] [2024] FWCFB 389

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