[2014] FWC 7743


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/198 and others)



4 yearly review of modern awards – award stage – Group 2 awards.

[1] Under s.156 of the Fair Work Act 2009 (the Act) the Fair Work Commission (the Commission) is required to review all modern awards every four years. In a statement issued on 17 March 2014 1 the Commission stated that the first 4 yearly review of modern awards (the Review) would comprise an Initial stage, dealing with jurisdictional issues, a Common Issues stage and an Award stage. A decision issued on 17 March 20142 determined a number of jurisdictional issues and defined the scope of the Review.

[2] The Award stage of the Review deals with award specific issues in the 122 modern awards. The modern awards have been divided into 4 groups and proceedings in relation to Group 1 awards has commenced, with hearings being held on 23 and 24 October 2014, and further hearings to be held on 17, 18 and 19 November 2014. To enhance the efficiency of the process, and to better meet the needs of the parties, the awards within each group are broken down into sub-groups. Proceedings in relation to the Group 2 awards commenced with an initial conference on 23 October 2014.

[3] This Statement outlines the sub-groupings for Group 2 awards and sets out a timeline for the identification of relevant issues for each award, the release of exposure drafts, the filing of written submissions and hearing dates.

[4] At the conference on 23 October 2014, the parties proposed sub-groupings for Group 2 awards. The proposed groupings are set out at Attachment A.

[5] A conference will be held on 2 December 2014 commencing at 9.00 am in relation to Group 2 awards. Prior to this conference, parties are to submit a written outline setting out the variations they wish to pursue in relation to any awards in Group 2, by no later than 4:00 pm on 25 November 2014 (see the timeline for making submissions at Attachment B).

[6] The conference on 2 December 2014 will identify variations sought and the extent of any agreement in relation to those variations. A document summarising the issues each party wishes to raise in relation to Group 2 awards will be published by the Commission following the conference.

[7] Exposure drafts for Group 2 awards will be published in accordance with the timeline set out at Attachment B. Parties will then be given the opportunity to make written submissions and submissions in reply. After this process, the awards will be called on for a Mention to finalise the programming for the hearings. Hearings will be listed in March 2015 where parties will be given the opportunity to make submissions regarding both the technical aspects of the exposure drafts and the substantive variations they wish to pursue. Some awards or issues may be dealt with by other Full Benches.

[8] The Commission’s website will continue to be used extensively throughout the Review. Parties who have not already done so are encouraged to subscribe to the award matters notification service to be kept informed of the progress of this Review.


ATTACHMENT A—Group 2 awards divided by sub-group

    Award code

    Award title

    Matter Number

    Sub-group A


    Alpine Resorts Award 2010

    Aquaculture Industry Award 2010

    Graphic Arts Award 2010

    Seafood Processing Award 2010

    Storage Services and Wholesale Award 2010

    Sub-group B


    Animal Care and Veterinary Services Award 2010

    Health Professionals and Support Services Award 2010

    Medical Practitioners Award 2010

    Nurses Award 2010

    Pharmacy Industry Award 2010

    Sub-group C


    Passenger Vehicle Transportation Award 2010

    Road Transport (Long Distance Operations) Award 2010

    Road Transport and Distribution Award 2010

    Transport (Cash in Transit) Award 2010

    Waste Management Award 2010

    Sub-group D


    Corrections and Detention (Private Sector) Award 2010

    Fire Fighting Industry Award 2010

    Horse and Greyhound Training Award 2010

    Racing Industry Ground Maintenance Award 2010

ATTACHMENT B—Timeline for award stage – Group 2 awards


Sub-groups 2A & 2B

Sub-groups 2C & 2D

Closing date – outline of submissions

25 November 2014

25 November 2014

Conference before Presiding Member regarding issues in awards*

2 December 2014

2 December 2014

Document summarising issues to be published by the Commission

8 December 2014

8 December 2014

Exposure drafts issued for comment

8 December 2014

15 December 2014

Closing date – submissions on exposure drafts

27 January 2015

2 February 2015

Closing date – submissions in reply

16 February 2015

23 February 2015

Mention before Presiding Member**

Week commencing 23 February 2015

Week commencing 23 February 2015

Full Bench Hearings**

Early-mid March 2015

Early-mid March 2015

* A detailed timetable and notice of listing for the 2 December 2014 conference will be issued in due course.

** A detailed timetable and notices of listing for the Mention and Hearings will be issued in due course.

 1   [2014] FWC 1790.

 2   [2014] FWCFB 1788.

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