[2012] FWA 8271

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FAIR WORK AUSTRALIA

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Part 2 of Schedule 5, item 6—Review of all modern awards (other than modern enterprise awards and State reference public sector modern awards) after first 2 years

Modern Awards Review 2012—Awards with no applications to vary
(AM2012/294 and others)

DEPUTY PRESIDENT SMITH

MELBOURNE, 27 SEPTEMBER 2012

Modern Awards Review 2012.

[1] These proceedings deal with the review of modern awards required by item 6 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) which requires Fair Work Australia 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.

[2] On 17 November 2011 the then President Justice Giudice issued a statement calling for applications to vary modern awards to form the basis of this review.

[3] No applications were received to specifically vary the 37 modern awards that are the subject of these proceedings. It should be noted however that many of these awards are affected by a small number of applications which seek to vary many or all modern awards. These broader applications are being dealt with separately.

[4] As the Transitional Act requires Fair Work Australia to review all modern awards, these awards are being reviewed today. As foreshadowed by Justice Giudice, Fair Work Australia has proposed a small number of technical and drafting variations to some of these awards. These changes were prepared in the form of draft determinations which were published on the Fair Work Australia website on 6 September 2012. Interested persons were notified about these drafts and given the opportunity to comment either in writing or at hearings held in on 20 and 21 September 2012.

[5] Of the 37 modern awards, two awards require special mention.

[6] An issue has subsequently arisen in relation to the rates of pay for some classifications in the Maritime Offshore Oil and Gas Award 2010 [MA000086] and that award will be subject to further proceedings. Directions will issue in relation to that matter.

[7] Both prior to and at the hearing of 21 September 2012 a number of issues were raised in relation to the proposed determination to vary the Seagoing Industry Award 2012 [MA000122]. These matters have been referred to Vice President Watson as the Panel Head responsible for this industry and will be the subject of further proceedings. Directions in relation to this matter will be issued in due course.

[8] In accordance with item 6 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 I have reviewed the awards contained in Attachment A.

[9] With the exception of those matters which are reserved for determinations by the Full Bench, I determine that there should be a number of variations to ensure that the modern awards:

[10] A list of my determinations issued today in these matters is contained in Attachment B.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR529549>

ATTACHMENT A

Awards reviewed on Thursday 20 September 2012

Award ID

Award title

Matter no.

MA000115

Aboriginal Community Controlled Health Services Award 2010

AM2012/294

MA000047

Aircraft Cabin Crew Award 2010

AM2012/295

MA000049

Airport Employees Award 2010

AM2012/296

MA000098

Ambulance and Patient Transport Industry Award 2010

AM2012/298

MA000078

Book Industry Award 2010

AM2012/299

MA000021

Business Equipment Award 2010

AM2012/333

MA000095

Car Parking Award 2010

AM2012/300

MA000070

Cemetery Industry Award 2010

AM2012/301

MA000111

Fire Fighting Industry Award 2010

AM2012/304

MA000101

Gardening and Landscaping Services Award 2010

AM2012/305

MA000008

Horse and Greyhound Training Award 2010

AM2012/307

MA000067

Journalists Published Media Award 2010

AM2012/311

MA000031

Medical Practitioners Award 2010

AM2012/313

MA000104

Miscellaneous Award 2010

AM2012/315

MA000097

Pest Control Industry Award 2010

AM2012/317

MA000013

Racing Clubs Events Award 2010

AM2012/322

MA000014

Racing Industry Ground Maintenance Award 2010

AM2012/323

MA000103

Supported Employment Services Award 2010

AM2012/329

MA000102

Travelling Shows Award 2010

AM2012/330

Awards reviewed on Friday 21 September 2012

Award ID

Award title

Matter no.

MA000060

Aluminium Industry Award 2010

AM2012/297

MA000045

Coal Export Terminals Award 2010

AM2012/302

MA000024

Cotton Ginning Award 2010

AM2012/303

MA000061

Gas Industry Award 2010

AM2012/306

MA000028

Horticulture Award 2010

AM2012/308

MA000064

Hydrocarbons Field Geologists Award 2010

AM2012/309

MA000062

Hydrocarbons Industry (Upstream) Award 2010

AM2012/310

MA000086

Maritime Offshore Oil and Gas Award 2010

AM2012/312

MA000011

Mining Industry Award 2010

AM2012/314

MA000051

Port Authorities Award 2010

AM2012/318

MA000052

Ports, Harbours and Enclosed Water Vessels Award 2010

AM2012/319

MA000108

Professional Diving Industry (Industrial) Award 2010

AM2012/320

MA000109

Professional Diving Industry (Recreational) Award 2010

AM2012/321

MA000015

Rail Industry Award 2010

AM2012/324

MA000107

Salt Industry Award 2010

AM2012/325

MA000122

Seagoing Industry Award 2010

AM2012/326

MA000040

Silviculture Award 2010

AM2012/327

MA000053

Stevedoring Industry Award 2010

AM2012/328

ATTACHMENT B

Determinations issued on 27 September 2012

Award ID

Award title

Matter no.

Print ID

MA000115

Aboriginal Community Controlled Health Services Award 2010

AM2012/294

PR529173

MA000047

Aircraft Cabin Crew Award 2010

AM2012/295

PR529162

MA000049

Airport Employees Award 2010

AM2012/296

PR529163

MA000078

Book Industry Award 2010

AM2012/299

PR529168

MA000021

Business Equipment Award 2010

AM2012/333

PR529161

MA000097

Pest Control Industry Award 2010

AM2012/317

PR529169

MA000013

Racing Clubs Events Award 2010

AM2012/322

PR529160

MA000103

Supported Employment Services Award 2010

AM2012/329

PR529171

MA000102

Travelling Shows Award 2010

AM2012/330

PR529170

MA000060

Aluminium Industry Award 2010

AM2012/297

PR529167

MA000051

Port Authorities Award 2010

AM2012/318

PR529164

MA000052

Ports, Harbours and Enclosed Water Vessels Award 2010

AM2012/319

PR529165

MA000107

Salt Industry Award 2010

AM2012/325

PR529172

MA000053

Stevedoring Industry Award 2010

AM2012/328

PR529166