Termination of instruments

[2011] FWA 5413

[2011] FWA 5413

FAIR WORK AUSTRALIA

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 3 Sch. 5—Transitional instrument

(CT2011/948)

PITJANTJATJARA COUNCIL INC. AND ASSOCIATED ORGANISATIONS AWARD 2000
[AP807173/AT807173]

COMMISSIONER SMITH MELBOURNE, 19 AUGUST 2011

Termination of instruments

[1] This decision concerns the termination of instruments which are modernisable under item 3 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[2] The Pitjantjatjara Council Inc. and Associated Organisations Award 2000 1and related instrumentswere listed for hearing on 10 August 2011.

[3] Mr B O’Brien for the Australian Municipal, Administrative, Clerical and Services Union (ASU) appeared and provided both oral and written submissions seeking that the above instruments not be terminated. The submission was made on the basis that the modern award to replace the Pitjantjatjara Council Inc. and Associated Organisations Award 2000 is (in part) the Social, Community, Home Care and Disability Services Industry Award 2010. 2 This modern award is currently the subject of an application for an equal remuneration order before a Full Bench of Fair Work Australia and as such the rates of pay in the modern award will not come into force until February 2012.3

[4] I accept the submission by the ASU. Similar objections were discussed and decided upon by the Full Bench on 22 December 2011. 4 I also note that in the President’s statement of 22 June 20115 his Honour said “Because of the nature of the transitional provisions in the SACS Award, consideration will not be given to the termination of the instruments relevant to that award until after February 2012”.

[5] On that basis I have decided not to terminate the Pitjantjatjara Council Inc. and Associated Organisations Award 2000, any related roping-in awards, any related transitional Australian Pay and Classification Scales or State reference transitional awards derived from the instrument. The instruments will be reviewed after February 2012.

[6] In light of this decision, the list of instruments published on the Fair Work Australia website titled “Instruments which cover employees also covered by the Social, Community, Home Care and Disability Services Industry Award 2010” will be amended to include the Pitjantjatjara Council Inc. and Associated Organisations Award 2000.

COMMISSIONER

Appearances:

B O’Brien for the Australian Municipal, Administrative, Clerical and Services Union

Hearing details:

2011.
Melbourne:
August 10.

 1   AP807173 and AT807173.

 2   MA000100.

 3   PR508395.

 4   2010 [FWAFB] 9916 at paragraphs 40 & 44.

 5   [2011] FWA 3953 at paragraph 6.

Printed by authority of the Commonwealth Government Printer

<Price code A,  PR513448 >