[2013] FWC 892 |
FAIR WORK COMMISSION |
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
Australian Business Industrial
(AM2012/91)
PREMIXED CONCRETE AWARD 2010
(ODN AM2008/29)
[MA000057]
Australian Business Industrial
(AM2012/92)
ASPHALT INDUSTRY AWARD 2010
(ODN AM2008/29)
[MA000054]
Australian Business Industrial
(AM2012/94)
CEMENT AND LIME AWARD 2010
(ODN AM2008/29)
[MA000055]
Australian Business Industrial
(AM2012/98)
CONCRETE PRODUCTS AWARD 2010
(ODN AM2008/29)
[MA000056]
COMMISSIONER CARGILL |
SYDNEY, 7 FEBRUARY 2013 |
Review of the Asphalt Industry Award 2010, Cement and Lime Award 2010, Concrete Products Award 2010 and the Premixed Concrete Award 2010.
[1] This decision concerns applications by Australian Business Industrial (ABI) to vary the Asphalt Industry Award 2010 (Asphalt Award), the Concrete Products Award 2010 (Concrete Award), the Cement and Lime Award 2010 (Cement Award) and the Premixed Concrete Award 2010 (Premixed Award). The applications are made under Schedule 5, Item 6 of the Fair Work (Transitional Provisions and Consequential Amendments ) Act 2009 (TPCA Act) as part of the review of all modern awards which Fair Work Australia (FWA) is required to conduct after the first two years of those modern awards coming into effect (2012 Review).
[2] The matters were listed for mention and programming on 11 December 2012 at which time there were appearances on behalf of ABI, The Australian Industry Group (AIG) and The Australian Workers’ Union (AWU). An agreed program was put in place to deal with the applications and directions were issued.
[3] The parties held discussions in accordance with those directions and, in correspondence to my Associate under cover of an email dated 4 February 2013, the representative of ABI provided an update on those discussions. The parties have agreed on the wording of a variation to clause 19.3 of the Asphalt Award and ABI has withdrawn its proposed variation to clause 11.4 of the Concrete Award. This position has been confirmed in correspondence from AIG and the AWU.
[4] I am satisfied that the principles for reviewing the Asphalt Award under Schedule 5 and 6 of the TPCA Act are met in the circumstances of this matter and I will make a determination varying that Award to give effect to the agreement reached by the parties.
[5] The remainder of the proposed variations to the Asphalt and Concrete Awards and each of the proposed variations to the Cement and Premixed Awards are presently before a Full Bench. The review of the Awards will not be finalised until those matters are dealt with.
[6] The directions issued on 11 December 2012 are set aside.
COMMISSIONER
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