[2013] FWC 3714 |
FAIR WORK COMMISSION |
CORRECTION TO 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
Motor Traders' Association of New South Wales
(AM2012/53, AM2012/108, AM2012/205, AM2012/224, AM2012/247, AM2013/2)
Vehicle industry | |
DEPUTY PRESIDENT GOOLEY |
MELBOURNE, 19 AUGUST 2013 |
Correction to decision—variation to the Vehicle Manufacturing, Repair, Services and Retail Award 2010.
[1] Further to my decision issued on 8 August 2013 1, I make the following correction:
[2] By deleting the cross-reference “43.3(c)” appearing in paragraph [11] in item 9. and inserting “43.3(a)(iii)”.
[3] By inserting the following new items to the end of paragraph [11] as follows:
23. Insert in Schedule B at classification B.4 the words “Console Operator” in the list of classifications found under the heading “Classifications contained within Level 4 R4”.
It was submitted that this variation corrects an error due to the omission of the words “console operator” when the role of console operator is mentioned in the preamble to B.4.
24. Delete clause 44.5 and insert in lieu thereof the following:
“44.5 Work on a Sunday
A vehicle salesperson required by an employer to work on a Sunday, other than a Sunday which is the normal rostered day off or a public holiday, will be paid in addition to the ordinary rate as follows:
(a) if more than half a day is worked—20% of the standard weekly rate; or
(b) half a day or less is worked—10% of the standard weekly rate.”
It was submitted that this change is necessary to make it clear that when Sunday is a public holiday vehicle salesperson who works on a Sunday that is a public holiday is only entitled to the public holiday penalty. It was submitted that this was an error or an omission.
25. In B.6 of Schedule B – Vehicle Industry RS&R – Skill Level Definitions insert the following additional words at the end of the first paragraph:
“achieved through Australian apprenticeship arrangements as prescribed by the National Quality Council in the Australian Qualifications Framework Qualifications Issuance Policy.”
It was submitted that this amendment removes uncertainty by making it clear that the nationally accredited training is that prescribed by the National Quality Council.
[4] Items 9., 23. and 24. noted above will operate from 1 January 2010 and item 25. will operate retrospectively from 1 April 2011.
[5] A correction to the determination varying the Award, giving effect to this correction to decision, will be issued with this decision.
DEPUTY PRESIDENT
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