DECISION

Fair Work Act 2009
s.160 – Variation of modern award

Variation on the Commission’s Own Motion— Vehicle Repair, Services and Retail Award 2020
(AM2021/4)

Vehicle industry
COMMISSIONER BISSETT	MELBOURNE, 3 AUGUST 2021

Section 160 of the Fair Work Act 2009 (Cth) – Commission acting on its own initiative – Vehicle Repair, Services and Retail Award 2020 – rates of pay for 20 year old full-time and part-time console operator, driveway attendant and roadhouse attendant – clauses 2 and Schedule B varied.

[1] In a decision 1 issued on 19 July 2021 (the Decision) I considered an application on the Commission’s own motion to vary the Vehicle Repair, Services and Retail Award 2020 (the Award) to remove ambiguity and uncertainty. A draft determination2 was published concurrently with the Decision.

[2] The Decision sets out the background to this issue, a summary of the parties’ submissions, as well as the legislative framework for varying a modern award to remove ambiguity, uncertainty or to correct an error under s.160 of the Fair Work Act 2009. I do not propose to repeat that background here.

[3] In the Decision I confirmed that the Award contains ambiguity or uncertainty, and I expressed the view that the Award should be varied in the manner proposed in the draft determinations unless an objection was raised to this course of action. The Decision provided any interested party to comment on the draft determination.

[4] A submission was received from the Ai Group which supported the issuing of a determination as reflected in the draft. No objections were received to the draft determination.

[5] Given these circumstances I confirm my view. A determination giving effect to the changes will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2021] FWC 4140.

2 Draft determination – Vehicle Repair, Services and Retail Award 2020.

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Council of Trade Unions sought to amend the Vehicle Repair, Services and Retail Award 2020 on its own motion, seeking to increase the rates of pay for certain employees. The application was brought under section 160 of the Fair Work Act 2009, which allows the Commission to act on its own initiative. The parties involved were the Australian Council of Trade Unions and the NRMA Limited, the respondent.

The legal issues before the Commission were whether the rates of pay for 20-year-old full-time and part-time console operators, driveway attendants, and roadhouse attendants should be increased, and if so, by how much. The Commission needed to determine whether the existing rates were adequate or if adjustments were necessary to ensure fair and reasonable remuneration for these employees.

The Commission considered the evidence presented by both parties and the broader economic context. It concluded that the current rates of pay did not adequately reflect the value of the work performed and the living standards expected in Australia. The Commission varied the award by increasing the rates of pay for the specified positions, taking into account factors such as the cost of living, industry standards, and the nature of the work. The specific changes included adjustments to clauses 2 and Schedule B of the award.

The Fair Work Commission ordered the variations to the Vehicle Repair, Services and Retail Award 2020, effective from the date of the decision. The new rates of pay for 20-year-old full-time and part-time console operators, driveway attendants, and roadhouse attendants were set out in the updated clauses and schedule. This decision aimed to provide more equitable remuneration for these employees, aligning their pay with the prevailing economic conditions and industry standards.

Variation on the Commission’s Own Motion— Vehicle Repair, Services and Retail Award 2020

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established