Transitional Review of Modern Awards 2012-13

[2013] FWC 8933

[2013] FWC 8933

FAIR WORK COMMISSION

STATEMENT

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Transitional Review of Modern Awards 2012-13
(AM2012/1)

JUSTICE ROSS, PRESIDENT MELBOURNE, 14 NOVEMBER 2013

Transitional Review of Modern Awards 2012-13.

[1] This statement provides an overview of the progress to date regarding the Transitional Review of Modern Awards (the Transitional Review). The Fair Work Commission (the Commission) is required by the Fair Work (Transitional Provisions and Consequential Amendments) Act2009 (the Transitional Act) to conduct a review of all modern awards, other than modern enterprise awards and State reference public sector modern awards, as soon as practicable after 1 January 2012. The purpose of the Transitional Review is to ensure that after two years of their operation, modern awards are meeting the modern award objective and are operating effectively without anomalies or technical problems.

[2] On 17 November 2011 the previous President, Justice Giudice, issued a statement [[2011] FWA 7975] calling for applications to be made to vary modern awards as part of the Transitional Review. From the applications received a number of common issues were identified as well as issues which were limited to a particular award. It was decided that the scope of the Transitional Review would be largely confined to the issues raised in the applications. As noted in the 17 November 2011 statement: ‘The review will be based mainly on applications to vary modern awards. In some cases Fair Work Australia may also propose variations. It is likely that these proposed variations will be limited to technical and drafting matters.’

[3] At the end of October 2013, some 296 applications had been lodged as part of the Transitional Review, with 36 applications later withdrawn, leaving a total of 260 applications. Nine of these were applications to vary all or multiple awards.

[4] Numerous statements have been issued throughout the Transitional Review, the first on 27 April 2012 [[2012] FWA 3514] provided a preliminary outline of the process. This statement indicated that applications dealing with common issues would be determined by Full Benches, and the remainder of the applications would be dealt with by a single member through the established panel system.

[5] A further statement was issued on 5 July 2012 [[2012] FWA 5721] outlining the timetable for dealing with the range of matters to be determined during the Transitional Review process. The statement also provided an initial list of common issues that would be determined by a number of Full Benches. The Full Benches that were ultimately constituted as part of the Transitional Review dealt with the following issues:

• apprentices, trainees and junior rates;



• award flexibility;



• annual leave (including annual leave loading);



• coverage in Joinery and Building Trades Award 2010 (the Joinery Award);



• outworkers;



• penalty rates in the retail, hospitality, fast food, and hair and beauty awards;



• public holidays (and part-day public holidays);



• superannuation;



• transitional provisions; and



• work, health and safety.

[6] The Commission adopted a four stage process to the Transitional Review. A defined number of matters were allocated to be dealt with in each stage. There was a degree of flexibility in the implementation of the process. The staging process was intended as a guide to the timeframe within which the Transitional Review would be conducted. The stages are set out at Appendix A.

[7] Item 6 of Schedule 5 to the Transitional Act states that the Commission “must conduct a review of all modern awards” (emphasis added). No application to vary was made in relation to 38 modern awards, however a number of applications were made to vary multiple or all modern awards. The Commission reviewed these awards on its own initiative and made a small number of technical and drafting variations.

[8] The Commission’s website was used extensively during the Transitional Review, a special Review page was established for each modern award and for each of the common issues dealt with by a Full Bench. These pages contain all relevant documentation including applications, submissions, correspondence, listings, transcript, decisions and determinations. The Award matters subscription service has been used to notify interested persons when documents are loaded to the website. The internet and video conferencing facilitates have also been used extensively throughout the Transitional Review.

SINGLE MEMBER MATTERS

[9] Applications that did not raise common issues were allocated to a single member of the Commission to be heard through the established panel system. This was conducted in accordance with the four stage process set by the President.

[10] These matters were dealt with by members through hearings, conferences and/or written submissions. In some instances the Commission also made technical and drafting variations on its own initiative. At the end of October 2013, 88 determinations to vary 72 modern awards had been made as a result of single Member matters.

[11] At the end of October 2013, a decision or a determination had been issued in relation to 103 awards. There are some residual issues which may need to be referred back to single members of the Commission pending the outcome of Full Bench proceedings. 11 awards are still under review. The single member matters in relation to one award are yet to be listed. As mentioned previously, no application to vary was made in relation to 38 awards. It should be noted that 8 awards are the subject of Full Bench matters only.

FULL BENCH OUTCOMES

Preliminary determination - scope of the Transitional Review

[12] A Full Bench was constituted to deal with 20 applications relating to penalty rates in 5 modern awards. Members of the Full Bench were Justice Ross, Senior Deputy President Watson, Deputy Presidents Smith and Gooley and Commissioner Hampton. On 9 May 2012, a directions hearing was held to discuss the arrangements for dealing with these applications. Subsequently, directions were issued providing interested parties with an opportunity to file written submissions relating to a preliminary question as to which legislative provisions would be applicable to the Transitional Review. A number of written submissions were received and a hearing was held on 21 June 2012. A decision was issued on 29 June 2013 by the Full Bench [[2012] FWAFB 5600] addressing the scope of the Transitional Review. The Full Bench held that any variation made as part of the 2012 Review must comply with the requirements of the Act dealing with the content of modern awards, and that the Transitional Review is not a fresh assessment of awards unencumbered by previous authority. It was decided that the 2012 Review is intended to have a narrower scope than the 4 yearly reviews to commence in 2014. It stated that it is unlikely that the Commission will revisit issues that were determined when the modern awards were made unless there are cogent reasons for doing so such as substantial changes in circumstances. The Commission will not grant retrospective application of any variation unless there are exceptional circumstances.

Penalty rates

[13] Following the preliminary decision, the Full Bench remitted the 20 applications relating to penalty rates in five modern awards to Deputy President Gooley and Commissioners Hampton and Jones to hear the evidence and provide a report. The evidence led by the parties are set out in the following reports:

● Report to the Full Benches in relation to the Hospitality Industry (General) Award 2010 by Gooley DP [2012] FWA 10322;

● Report to the Full Benches in relation to the General Retail Industry Award 2010 and the Food, Beverage and Tobacco Manufacturing Award 2010 by Hampton C [2012] FWA 10008; and

● Report to the Full Benches in relation to the Fast Food Industry Award 2010 and the Hairdressing and Beauty Industry Award 2010 by Jones C [2012] FWA 10200.

[14] Parties were then given the opportunity to provide written submissions to the Commission relating to the evidentiary reports and the matters were listed for final oral argument for 2 days on 18 and 19 December 2012. The Full Bench issued their decision on 18 March 2013 [[2013 FWCFB 1635]. In relation to applications in the Fast Food Award, the Full Bench decided that whilst some evidence existed to support elements of the claims, it was far from compelling and it rejected the substantive claims. The Full Bench noted there was a significant ‘evidentiary gap’ in the cases put.

[15] A number of variations to modify overtime provisions in the General Retail Award were rejected. The Full Bench also heard various claims concerning the insertion of an annualised hours provision in each of the General Retail, Fast Food, and Hair and Beauty Industry awards. They held it was not appropriate to vary the relevant awards to introduce annualised salaries, but that there was merit in the parties discussing the concept of incorporating loaded rates within the General Retail Industry Award 2010 and the Fast Food Industry Award 2010. These discussions were facilitated by Commissioner Hampton.

[16] In relation to the other applications the Full Bench held there was little or no probative evidence dealing with the specific aspects of the claims.

[17] A claim concerning the Hospitality Award was remitted to Deputy President Sams for determination. A consent position was put to the Deputy President in regard to the majority of the issues that remained for determination, and a determination was issued making technical amendments to the award. It was noted that some substantive changes were not pressed or determined as the applicant parties indicated they would pursue these matters as part of the 4 yearly review.

[18] At the request of the parties, all applications dealing with the Restaurant Award 2010, including those relating to penalty rates, were dealt with by a single member. A decision and determination were issued by Deputy President Gooley on 10 October 2013. An appeal was lodged against this decision on 31 October 2013 and is listed for a hearing before a Full Bench on 18 December 2013.

Public holidays

[19] A Full Bench consisting of Justice Ross, Deputy President Smith and Commissioner Hampton heard 31 applications to vary public holiday provisions in 101 modern awards. Applications were received from the ACTU, individual unions and employer organisations. The Full Bench issued their decision on 12 April 2013 [[2013] FWCFB 2168] and rejected each element of the ACTU’s claim:

(i) to vary the public holidays entitlement for employees working non-standard hours;
(ii) to provide that a rostered day off must not be taken on a public holiday; and
(iii) that an employee working on Christmas Day, in circumstances where the day falls on a Saturday or Sunday and is not a public holiday within the meaning of the NES, should be paid an additional loading of 50% of their ordinary time rate for the hours worked on that day and be entitled to a substitute day off.

[20] In relation to (i) and (iii) the Full Bench concluded these issues would be more appropriately considered in the more comprehensive 4 yearly review of all modern awards. Issue (ii) was rejected due to lack of evidence and lack of cogent reasons. Claims by other parties were also rejected. A number of applications to clarify ambiguity or to introduce additional flexibility in the current award arrangements were referred to individual Members for determination.

[21] Commissioner Hampton issued a decision on 25 July 2013 [see [2013] FWC 4949] dealing with a competing claim made by the SDA and various employer groups relating to alternative methods of compensating for work performed on public holidays in the General Retail Industry Award 2010. The Commissioner varied clause 29.4(d) of the award.

[22] Deputy President Smith issued a decision on 30 September 2013 [see [2013] FWC 5369] dealing with a number of residual matters in the Fast Food, Hair and Beauty, and Nursing Awards relating to penalty rates and public holidays. The Deputy President decided to vary the Nurses Award in respect of the public holidays clause following an agreement reached by the parties. The penalty rates clause in the Fast Food Award was also varied by agreement reached by the parties and the Deputy President followed the decision issued by Commissioner Hampton [[2013] FWC 4949] to vary the public holidays clauses in the Fast Food Award and the Hair and Beauty Award.

Part-day public holidays

[23] Correspondence was received on 6 December 2012 by the President from the Hon. Russell Wortley MLC, the South Australian Minister for Industrial Relations (the SA Minister). The correspondence raised certain issues about part-day public holidays in South Australia and requested the Commission to consider utilising its powers pursuant to s.160 of the Act “to vary relevant modern awards prior to 24 December 2012 to remove the ambiguities relating to part-day public holidays”.

[24] Commissioner Hampton convened two conferences to discuss issues raised in the SA Minister’s correspondence and prepared two reports arising from the conference and subsequent submissions received from the parties [[2012] FWA 10496] and [2012] FWA 10621].

[25] The Full Bench constituted to deal with public holiday applications as part of the Transitional Review heard oral arguments and issued a decision on 21 December 2012 [[2012] FWAFB 10738]. The Full Bench was satisfied that the proclamation of the part-day public holidays had given rise to a number of ambiguities and uncertainties and decided to make a range of marginally different determinations affecting some 113 modern awards.

[26] It was proposed that the arrangements for the 2012–13 Christmas and New Year period in regard to part-day public holidays be extended for the 2013–14 Christmas and New Year period. Commissioner Hampton convened a conference of interested parties on 26 September 2013 to seek their views on this proposal and the Commissioner issued a subsequent statement and directions on 27 September 2013 [see [2013] FWC 7510]. A report was prepared by Commissioner Hampton for the Full Bench and the Full Bench issued a determination on 7 November 2013 relating to two awards, and a decision and determination relating to the remaining 111 modern awards was issued on 13 November 2013 [[2013 FWCFB 8938; PR544519]. Specific ongoing provisions dealing with part-day public holidays within modern awards will be considered as part of the 4 yearly Review of Modern Awards.

Apprentices, trainees and juniors

[27] The President held a conference of interested parties on 30 May 2012 and issued a statement [[2012 FWA 5102]] on 14 June 2012 providing an outline of a process for dealing with applications relating to apprentices, trainees and juniors. 46 applications to vary modern awards relating to Apprentices, Trainees and Juniors were received.

[28] The Commission arranged a process by which the parties interested in each application would meet without a member of the Commission to identify relevant issues and report back to the President. A Full Bench was constituted consisting of Justice Boulton, Senior Deputy President Harrison and Commissioner Roe. A statement and directions were issued by the Full Bench on 12 October 2012 [[2012] FWAFB 8768] and following a directions hearing a further statement and directions were issued on 26 October 2012 [[2012] FWAFB 9215] outlining the process that the Full Bench would take. The matters were heard throughout March, April and May 2013. A separate timetable for hearing an application by the Shop, Distributive and Allied Employees Association (SDA) relating to adult rates of pay for workers aged 20 years in the General Retail Industry Award 2010 was set down, and this matter was heard during July 2013 [see Statement and Directions of 26 April 2013 [[2013] FWCFB 2472]].

[29] The Full Bench issued their decision in these matters on 21 August 2013. The decision related to ‘common claims’ that affected multiple modern including claims regarding increases to rates of pay, competency based wage progression, variation to the National Training Wage Schedule and training amongst other issues. The Full Bench decided that:

● the minimum award rates of pay for first and second year apprentices should be increased;
● special provisions should be made in relation to rates of pay and wage protection for adult apprentices;
● provision should be made for competency based wage progression to be introduced into several modern awards and for consideration to be given to its introduction into other modern awards;
● adjustments should be made in relation to apprentice conditions of employment including those relating to travel costs, training time, timely payment of training fees, and attendance at training; and
● the model school-based apprentice schedule should be inserted into several modern awards which do not contain it, and the schedule in all modern awards should be varied to provide for competency based wage progression.

[30] Non-common claims made by parties as part of the Apprentice, Trainees and Juniors matters were referred to Commissioner Roe by the Full Bench for determination. A conference was convened before Commissioner Roe in early October and a statement issued on 7 October 2013 summarising the outcomes of the conferences.

[31] The determinations arising from these matters are yet to be finalised.

Annual Leave

[32] A Full Bench consisting of Vice President Watson, Senior Deputy President Acton and Deputy President Gooley was constituted to hear 46 applications relating to annual leave (including annual leave loading) in 42 different modern awards. Vice President Watson issued directions in this matter relating to the filing of written submissions and the matters were heard in April and June 2013. The Full Bench issued their decision [[2013 FWCFB 6266] in these matters on 2 September 2013 and determined that the following modern awards should be varied in respect of the following issues:

● Legal Services Award 2010: varied to provide that an employer may require an employee to take annual leave if 4 weeks’ notice is given, the requirement is part of a full or partial close down and the employee has more that eight weeks’ accrued annual leave.
● Building and Construction General On-Site Award 2010: to clarify the rates, loadings and allowance on which annual leave loading is calculated.
● Cleaning Services Award 2010 and Road Transport and Distribution Award 2010: to provide for the annual leave loading in those modern awards to be payable in respect of all untaken annual leave paid out on termination of employment.

[33] The majority decision of the Full Bench rejected a number of applications in relation to the cashing out of annual leave.

[34] A residual issue relating to ‘close down’ provisions in certain modern awards remains and this issue has been listed for hearing on18 November 2013.

Outworkers

[35] Seven applications relating to the Textile, Clothing, Footwear and Associated Industries Award 2010 were heard by a Full Bench consisting of Senior Deputy President Hamberger, Deputy President Smith and Commissioner Lee. Parties were directed by the Full Bench to file written material and the matters were listed for hearing during June and July 2013. The Full Bench issued their decision [[2013 FWCFB 5729] in these matters on 4 October 2013 making a number of variations to the award. A number of variations to the award were made following a broadly consensual position being reached by the parties.

Superannuation

[36] A Full Bench has been constituted to deal with 13 applications relating to superannuation provisions in modern awards. These applications were put on hold by the Commission pending an investigation and subsequent report into default superannuation funds in modern awards being undertaken by the Productivity Commission. The Productivity Commission handed down their report on 12 October 2012 and subsequent changes were made to the Fair Work Act 2009. Directions have been issued by the Full Bench and the applications will be heard on 9 December 2013.

[37] A statement relating to superannuation clauses in modern awards was issued on 7 November 2013 [[2013] FWC 8765].

Coverage in the Joinery Award

[38] Six applications were made by various bodies to vary the Joinery Award and correspondingly, the Manufacturing and Associated Industries and Occupations Award 2010 (the Manufacturing Award). The applications to vary the award dealt specifically with coverage of the glass industry.

[39] A Full Bench consisting of Senior Deputy President Acton and Deputy Presidents Smith and Gooley decided to reject all of the variations sought to the Joinery Award, except particular variations sought in respect of a ‘slushing’ allowance and a rostered day off. The Full Bench issued a decision on 13 June 2013 [[2013] FWCFB 3751] and a determination [PR535145] giving effect to the variations. The Full Bench also rejected a corresponding variation sought to the Manufacturing Award.

Transitional provisions

[40] A Full Bench consisting of Vice President Hatcher, Senior Deputy President Acton and Commissioner Johns heard five applications to vary transitional provisions in four modern awards: the Pastoral Award 2010, the Restaurant Industry Award 2010, the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2010. The Transitional Act provides for a review of transitional provisions in modern awards in accordance with the terms of the 2012 Review. The Full Bench handed down their decision on 18 July 2013 [[2013 FWCFB 4539] and held that the applicants had not made out a case for any variations sought. The applications were dismissed.

Work Health and Safety

[41] An application was made by Master Builders Australia Limited (MBA) as part of the Transitional Review to vary the Building and Construction General On-site Award 2010 (the On-site Award) in various respects, one of which was to remove provisions which purport to regulate work health and safety provisions in awards on the ground that they are not lawful. The MBA application identified a number of provisions in the On-site Award, together with various provisions within other modern awards.

[42] This aspect of the MBA application was initially included amongst the range of matters to be dealt with by Senior Deputy President Watson as a single Member. However in a directions hearing on 1 August 2012, it became apparent that the issue raised by the MBA concerning work health and safety provisions had relevance beyond the On-site Award. Senior Deputy President Watson conferred with the President with a view to constituting a Full Bench to deal with those issues in order that parties with an interest in any potentially affected modern award would have an opportunity to put submissions.

[43] A Full Bench consisting of Senior Deputy Presidents Watson and Hamberger and Commissioner Cargill dismissed the application [[2012 FWAFB 10080], finding that these provisions in modern awards are lawful. In their decision, the Full Bench noted that parts of the award are complex and possibly outdated, and a rationalisation of allowance terms in the On-site award would be desirable. This may occur during the 4 yearly review.

Award flexibility

[44] A Full Bench consisting of Justice Ross, Senior Deputy President Watson and Commissioner Gregory dealt with 15 applications by various employer organisations to vary the flexibility provision in 10 modern awards.

[45] A set of draft directions was published on the Commission’s website on 21 January 2013. A Directions Hearing was held on 31 January 2013 to provide interested parties the opportunity to comment on the draft directions. Final directions were issued by the Full Bench on 4 February 2013. Applicants and interested parties were directed to file comprehensive written submissions, relevant documentary material and comprehensive witness statements for any witness evidence in support of their position on any application within the timeframe set out in the directions.

[46] Two background documents prepared by Commission staff were placed on the website for the information and assistance of interested parties. The first was a summary of the applications and supporting submissions received, and the second was a history of the model award flexibility clause. Oral submissions were heard on 27 March 2013 and the Full Bench issued their decision on 15 April 2013 [[2013] FWCFB 2170].

[47] The Full Bench rejected applications to vary the scope of the model flexibility provision, but made a number of other variations to the model term. The bench acknowledged that the expression ‘arrangements for when work is performed’ in paragraph 7.1(a) of the model term had given rise to some ambiguity and uncertainty. In rejecting a submission made by VECCI that minimum engagement periods fall within ‘arrangements for when work is performed’ it was noted that the task remained to provide greater clarity as to the terms that do fall within the expression. The Full Bench found that the best way to do this was on an award by award basis, on application by an interested party. No such application was made.

[48] The model flexibility term currently provides that an individual flexibility arrangement (IFA) may be terminated by the employer or the individual employee giving 4 weeks’ written notice of termination. The employer organisations generally supported increasing the notice period. A range of notice periods were proposed, from 90 days to 16 weeks. We decided to increase the notice period to 13 weeks.

[49] It was determined that the model flexibility clause would be varied in the following respects:

• insert the words ‘at the time the agreement is made’ into clause 7.3(b)



• delete ‘four weeks’ from clause 7.8(a) and insert ‘13 weeks’



• insert a note at the end of clause 7.8:




Note: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[50] The Full Bench decided to adopt one further variation in order to improve the level of compliance with the requirements of the model flexibility term. The evidence suggested that a significant proportion of IFAs were entered into before the individual employee has commenced employment, contrary to the intent of the model flexibility term and the Act. To address this issue the Full Bench decided to insert the following words in the model flexibility term:

‘An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.’

[51] Subsequent to the decision being issued, a number of draft determinations were published for comment. Correspondence was received from the Australian Government raising a potential ambiguity with the draft determinations. A further hearing was held and a decision was issued on 12 November [[2013] FWCFB 8859] confirming that the increased notice period of 13 weeks would only apply to IFAs made after the determinations arising from this decision.

[52] The determinations giving effect to the decision are to be settled by Senior Deputy President Watson in late November.

Appeals

[53] Appeals were lodged against seven decisions arising from Transitional Review matters:

● Seagoing Industry Award 2010 (C2013/5069)
● Social, Community, Home Care and Disability Services Industry Award 2010 (C2013/5192)
● Restaurant Industry Award 2010 (C2013/6610)
● Matters referred to single Member in respect to Public Holidays in the Fast Food Industry Award 2010 and Hair and Beauty Industry Award 2010 (C2013/6468)
● Aged Care Award 2010 (C2013/6015)
● Graphic Arts, Printing and Publishing Award 2010 (C2013/1389)
● Health Professionals and Support Services Award 2010 (C2013/4216)

Conclusion

[54] All modern awards have been reviewed pursuant to Item 6 of Part 2, Schedule 5 to the Transitional Act. With the exception of certain residual issues and appeals mentioned above, and the determination of applications related to Superannuation, the Transitional Review has been completed.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, PR544511>

STAGE 1—1 JULY TO 31 OCTOBER 2012

Full Bench proceedings:

• penalty rates in the retail, hospitality, fast food, restaurant, hair and beauty awards (AM2012/8 and others); and



• public holidays (AM2012/134 and others).

Single industry issues in the following modern awards:

Award ID	Modern award title
MA000046	Air Pilots Award 2010
MA000048	Airline Operations—Ground Staff Award 2010
MA000114	Aquaculture Industry Award 2010
MA000019	Banking, Finance and Insurance Award 2010
MA000001	Black Coal Mining Industry Award 2010
MA000091	Broadcasting and Recorded Entertainment Award 2010
MA000020	Building and Construction General On-site Award 2010
MA000120	Children’s Services Award 2010
MA000002	Clerks—Private Sector Award 2010
MA000083	Commercial Sales Award 2010
MA000023	Contract Call Centres Award 2010
MA000096	Dry Cleaning and Laundry Industry Award 2010
MA000025	Electrical, Electronic and Communications Contracting Award 2010
MA000094	Fitness Industry Award 2010
MA000026	Graphic Arts, Printing and Publishing Award 2010
MA000029	Joinery and Building Trades Award 2010
MA000099	Labour Market Assistance Industry Award 2010
MA000116	Legal Services Award 2010
MA000010	Manufacturing and Associated Industries and Occupations Award 2010
MA000050	Marine Towage Award 2010
MA000034	Nurses Award 2010
MA000072	Oil Refining and Manufacturing Award 2010
MA000119	Restaurant Industry Award 2010
MA000038	Road Transport and Distribution Award 2010
MA000039	Road Transport (Long Distance Operations) Award 2010
MA000100	Social, Community, Home Care and Disability Services Industry Award 2010
MA000087	Sugar Industry Award 2010
MA000042	Transport (Cash in Transit) Award 2010
MA000043	Waste Management Award 2010

Note:

● Application in respect of the Black Coal Mining Industry Award 2010 matter was dealt with by Justice Boulton

● Applications in respect of coverage of the Road Transport and Distribution Award 2010, Road Transport (Long Distance Operations) Award 2010, Waste Management Award 2010 and the Transport (Cash in Transit) Award 2010 were dealt with by Senior Deputy President Harrison.

38 modern awards where no application to vary:

Award ID	Modern award title
MA000115	Aboriginal Community Controlled Health Services Award 2010
MA000047	Aircraft Cabin Crew Award 2010
MA000049	Airport Employees Award 2010
MA000060	Aluminium Industry Award 2010
MA000098	Ambulance and Patient Transport Industry Award 2010
MA000078	Book Industry Award 2010
MA000021	Business Equipment Award 2010
MA000095	Car Parking Award 2010
MA000070	Cemetery Industry Award 2010
MA000045	Coal Export Terminals Award 2010
MA000024	Cotton Ginning Award 2010
MA000111	Fire Fighting Industry Award 2010
MA000101	Gardening and Landscaping Services Award 2010
MA000061	Gas Industry Award 2010
MA000008	Horse and Greyhound Training Award 2010
MA000028	Horticulture Award 2010
MA000064	Hydrocarbons Field Geologists Award 2010
MA000062	Hydrocarbons Industry (Upstream) Award 2010
MA000067	Journalists Published Media Award 2010
MA000086	Maritime Offshore Oil and Gas Award 2010
MA000031	Medical Practitioners Award 2010
MA000011	Mining Industry Award 2010
MA000104	Miscellaneous Award 2010
MA000032	Mobile Crane Hiring Award 2010
MA000097	Pest Control Industry Award 2010
MA000051	Port Authorities Award 2010
MA000052	Ports, Harbours and Enclosed Water Vessels Award 2010
MA000108	Professional Diving Industry (Industrial) Award 2010
MA000109	Professional Diving Industry (Recreational) Award 2010
MA000013	Racing Clubs Events Award 2010
MA000014	Racing Industry Ground Maintenance Award 2010
MA000015	Rail Industry Award 2010
MA000107	Salt Industry Award 2010
MA000122	Seagoing Industry Award 2010
MA000040	Silviculture Award 2010
MA000053	Stevedoring Industry Award 2010
MA000103	Supported Employment Services Award 2010
MA000102	Travelling Shows Award 2010

STAGE 2—31 OCTOBER 2012 TO 31 JANUARY 2013

Full Bench proceedings:

● Apprentices, trainees and junior rates (AM2012/18 and others)

Single industry issues in the following modern awards:

Award ID	Modern award title
MA000018	Aged Care Award 2010
MA000080	Amusement, Events and Recreation Award 2010
MA000118	Animal Care and Veterinary Services Award 2010
MA000054	Asphalt Industry Award 2010
MA000055	Cement and Lime Award 2010
MA000022	Cleaning Services Award 2010
MA000056	Concrete Products Award 2010
MA000003	Fast Food Industry Award 2010
MA000004	General Retail Industry Award 2010
MA000005	Hair and Beauty Industry Award 2010
MA000027	Health Professionals and Support Services Award 2010
MA000006	Higher Education Industry—Academic Staff—Award 2010
MA000007	Higher Education Industry—General Staff—Award 2010
MA000093	Marine Tourism and Charter Vessels Award 2010
MA000059	Meat Industry Award 2010
MA000033	Nursery Award 2010
MA000063	Passenger Vehicle Transportation Award 2010
MA000035	Pastoral Award 2010
MA000012	Pharmacy Industry Award 2010
MA000036	Plumbing and Fire Sprinklers Award 2010
MA000057	Premixed Concrete Award 2010
MA000058	Registered and Licensed Clubs Award 2010
MA000068	Seafood Processing Award 2010
MA000016	Security Services Industry Award 2010
MA000017	Textile, Clothing, Footwear and Associated Industries Award 2010
MA000089	Vehicle Manufacturing, Repair, Services and Retail Award 2010
MA000113	Water Industry Award 2010

STAGE 3—31 JANUARY TO 31 MARCH 2013

Full Bench proceedings:

• Textile, Clothing, Footwear and Associated Industries Award 2010, in respect of outworkers (AM2012/225 and others); and



• Annual leave, including annual leave loading (AM2012/246 and others)



• Award flexibility (AM2012/221 and others).

STAGE 4—1 APRIL TO 31 MAY 2013

Full Bench proceedings:

● Superannuation (AM2012/63 and others)

Single industry issues in the following modern awards:

Award ID	Modern award title
MA000092	Alpine Resorts Award 2010
MA000079	Architects Award 2010
MA000110	Corrections and Detention (Private Sector) Award 2010
MA000085	Dredging Industry Award 2010
MA000075	Educational Services (Post-Secondary Education) Award 2010
MA000076	Educational Services (Schools) General Staff Award 2010
MA000077	Educational Services (Teachers) Award 2010
MA000088	Electrical Power Industry Award 2010
MA000073	Food, Beverage and Tobacco Manufacturing Award 2010
MA000105	Funeral Industry Award 2010
MA000009	Hospitality Industry (General) Award 2010
MA000081	Live Performance Award 2010
MA000112	Local Government Industry Award 2010
MA000117	Mannequins and Models Award 2010
MA000030	Market and Social Research Award 2010
MA000069	Pharmaceutical Industry Award 2010
MA000074	Poultry Processing Award 2010
MA000065	Professional Employees Award 2010
MA000037	Quarrying Award 2010
MA000106	Real Estate Industry Award 2010
MA000082	Sporting Organisations Award 2010
MA000121	State Government Agencies Administration Award 2010
MA000084	Storage Services and Wholesale Award 2010
MA000066	Surveying Award 2010
MA000041	Telecommunications Services Award 2010
MA000071	Timber Industry Award 2010
MA000090	Wine Industry Award 2010
MA000044	Wool Storage, Sampling and Testing Award 2010