[2012] FWA 8271 |
|
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.
Maritime Offshore Oil and Gas Award 2010 (AM2012/312)
[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.
Seagoing Industry Award 2012 (AM2012/326)
[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
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ATTACHMENT A
Awards reviewed on Thursday 20 September 2012
Award ID |
Award title |
Matter no. |
Aboriginal Community Controlled Health Services Award 2010 |
AM2012/294 | |
Aircraft Cabin Crew Award 2010 |
AM2012/295 | |
Airport Employees Award 2010 |
AM2012/296 | |
Ambulance and Patient Transport Industry Award 2010 |
AM2012/298 | |
Book Industry Award 2010 |
AM2012/299 | |
Business Equipment Award 2010 |
AM2012/333 | |
Car Parking Award 2010 |
AM2012/300 | |
Cemetery Industry Award 2010 |
AM2012/301 | |
Fire Fighting Industry Award 2010 |
AM2012/304 | |
Gardening and Landscaping Services Award 2010 |
AM2012/305 | |
Horse and Greyhound Training Award 2010 |
AM2012/307 | |
Journalists Published Media Award 2010 |
AM2012/311 | |
Medical Practitioners Award 2010 |
AM2012/313 | |
Miscellaneous Award 2010 |
AM2012/315 | |
Pest Control Industry Award 2010 |
AM2012/317 | |
Racing Clubs Events Award 2010 |
AM2012/322 | |
Racing Industry Ground Maintenance Award 2010 |
AM2012/323 | |
Supported Employment Services Award 2010 |
AM2012/329 | |
Travelling Shows Award 2010 |
AM2012/330 |
Awards reviewed on Friday 21 September 2012
Award ID |
Award title |
Matter no. |
Aluminium Industry Award 2010 |
AM2012/297 | |
Coal Export Terminals Award 2010 |
AM2012/302 | |
Cotton Ginning Award 2010 |
AM2012/303 | |
Gas Industry Award 2010 |
AM2012/306 | |
Horticulture Award 2010 |
AM2012/308 | |
Hydrocarbons Field Geologists Award 2010 |
AM2012/309 | |
Hydrocarbons Industry (Upstream) Award 2010 |
AM2012/310 | |
Maritime Offshore Oil and Gas Award 2010 |
AM2012/312 | |
Mining Industry Award 2010 |
AM2012/314 | |
Port Authorities Award 2010 |
AM2012/318 | |
Ports, Harbours and Enclosed Water Vessels Award 2010 |
AM2012/319 | |
Professional Diving Industry (Industrial) Award 2010 |
AM2012/320 | |
Professional Diving Industry (Recreational) Award 2010 |
AM2012/321 | |
Rail Industry Award 2010 |
AM2012/324 | |
Salt Industry Award 2010 |
AM2012/325 | |
Seagoing Industry Award 2010 |
AM2012/326 | |
Silviculture Award 2010 |
AM2012/327 | |
Stevedoring Industry Award 2010 |
AM2012/328 |
ATTACHMENT B
Determinations issued on 27 September 2012
Award ID |
Award title |
Matter no. |
Print ID |
Aboriginal Community Controlled Health Services Award 2010 |
AM2012/294 |
||
Aircraft Cabin Crew Award 2010 |
AM2012/295 |
||
Airport Employees Award 2010 |
AM2012/296 |
||
Book Industry Award 2010 |
AM2012/299 |
||
Business Equipment Award 2010 |
AM2012/333 |
||
Pest Control Industry Award 2010 |
AM2012/317 |
||
Racing Clubs Events Award 2010 |
AM2012/322 |
||
Supported Employment Services Award 2010 |
AM2012/329 |
||
Travelling Shows Award 2010 |
AM2012/330 |
||
Aluminium Industry Award 2010 |
AM2012/297 |
||
Port Authorities Award 2010 |
AM2012/318 |
||
Ports, Harbours and Enclosed Water Vessels Award 2010 |
AM2012/319 |
||
Salt Industry Award 2010 |
AM2012/325 |
||
Stevedoring Industry Award 2010 |
AM2012/328 |