[2012] FWA 10633 |
|
DECISION |
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
National Employment Services Association
(AM2012/35)
Social, community, home care and disability services | |
DEPUTY PRESIDENT HAMILTON |
MELBOURNE, 19 DECEMBER 2012 |
Modern Awards Review 2012 - Labour Market Assistance Award 2010.
[1] The National Employment Services Association applied to vary Schedule B - Classification Definitions of the Award. A framework for settlement discussions between the parties was developed in a conference before the tribunal on 28 September 2012. The framework provided:
“The classification descriptions should be revised but must satisfy the following criteria:
a. Classification descriptions meet the needs of the industry insofar as they accurately describe the work performed by employees currently covered by the Award.
b. The revised descriptions must not result in a diminution or enhancement of the value of the work described at each classification level, and
c. The revised descriptions will not expand or reduce the coverage of the work performed by employees covered by the Award.”
[2] Directions were issued on 15 October 2012. A submission was received on 30 November 2012 on behalf of the applicant seeking an adjournment of that part of its application with a view to further consultation over an extended period over the next twelve months. The applicant and the Australian Services Union concur in this approach.
[3] Despite the best endeavours of the parties, a consent position has not been reached. The applicant advises me that revision of the classification descriptions will require further and substantial work and cooperation by all interested parties before it can proceed to a hearing. The applicant has accordingly decided not to press its application. In the circumstances the appropriate course of action is for me to formally dismiss the application.
[4] I encourage the parties to continue their discussions.
[5] Pursuant to the submission of 30 November 2012, and the transitional provisions governing the matter, I dismiss that part of the application dealing with Schedule B - Classification Definitions of the Award.
[6] The remaining part of the application concerns clause 25, annual leave. It will be dealt with next year.
DEPUTY PRESIDENT
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