[2011] FWA 3953 |
|
STATEMENT |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Schedule 5, item 3—variation and termination of certain transitional instruments
Award Modernisation
(AM2010/53)
JUSTICE GIUDICE, PRESIDENT |
MELBOURNE, 22 JUNE 2011 |
AWARD MODERNISATION – TERMINATION OF MODERNISABLE INSTRUMENTS
[1] This statement 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 (Transitional Act). The statement should be read in conjunction with earlier Full Bench decisions, particularly the decision of 16 June 2011. 1
[2] In its decision of 16 June the Full Bench decided to adjourn the proceeding before it to permit the termination of modernisable instruments under item 3 of Schedule 5 to be carried out by individual members. This statement provides some additional information concerning the process.
[3] A list of instruments capable of being terminated under item 3 of Schedule 5 to the Transitional Act will shortly appear on the Termination of Instruments page of the Fair Work Australia website. 2 Each of the instruments on the list will be allocated to a member who will provide an opportunity for submissions to be made, particularly submissions opposing termination.
[4] A number of other lists will be placed on the Termination of Instruments page. Instruments on those lists will not be allocated to members in the immediate future. The lists have been compiled based on research carried out by the award modernisation team and take into account various submissions received and the decisions of the Full Bench on 22 December 2010 3 and 16 June 2011.4 The list will comprise, respectively:
• enterprise instruments
• instruments that cover employees also covered by an enterprise instrument
• State reference public sector transitional awards
• instruments that cover employees also covered by a State reference public sector transitional award
• instruments which cover employees also covered by the Social, Community, Home Care and Disability Services Industry Award 2010 5 (the SACS Award).
[5] Where an interested person or body believes that an instrument which has been included on one of these other lists should be terminated pursuant to item 3 of Schedule 5, the party or organisation may make an application for the termination of that instrument. Where that occurs the instrument in question will be added to the list of instruments liable to be terminated and allocated accordingly.
[6] 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. 6
PRESIDENT
2 http://www.fwa.gov.au/termination of instruments.
5 MA000100.
6 See cl.A2.3 of Appendix A to the SACS Award.
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