[2014] FWCFB 3718

The attached document replaces the document previously issued with the above code on 2 June 2014.

Correction to paragraph numbers.

Trudy Jones

Member Support Research Team on behalf of Justice Ross

Dated 4 June 2014

[2014] FWCFB 3718

FAIR WORK COMMISSION

STATEMENT



Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Award stage
(AM2014/1 and others)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
SENIOR DEPUTY PRESIDENT ACTON
SENIOR DEPUTY PRESIDENT HAMBERGER
COMMISSIONER BISSETT

MELBOURNE, 2 JUNE 2014

4 yearly review of modern awards—Award stage—Group 1 awards.

Background

[1] In the decision issued on 17 March 2014 1 the Full Bench stated that the first 4 yearly review of modern awards would comprise an Initial stage, dealing with jurisdictional issues, a Common issues stage and an Award stage. The Initial stage is complete and the Common issues stage has commenced dealing with issues identified in relation to annual leave. Directions in relation to the annual leave common issue were issued on 15 April 2014.

[2] The Award stage will deal with the review of award specific issues in the 122 modern awards. The modern awards have been divided into four groups and proceedings in relation to the first group of awards commenced with an initial conference on 13 May 2014.

[3] A Draft Guide to the Award Stage was published on the Fair Work Commission’s (the Commission) website outlining the process that the Commission intends to follow in the Award stage. A draft exemplar award prepared by staff of the Commission based on the Security Services Industry Award 2010 2 (the Security Award) was published at the same time as the draft guide. This draft exemplar award does not seek to amend any entitlements under the Security Award, but has been prepared to address some of the structural issues identified in modern awards and is intended to make modern awards simpler and easier to understand.

[4] Parties were invited to provide comments on the Draft Guide to the Award Stage and on the format and content of the draft exemplar award. These documents will be published in final form by Friday, 13 June 2014.

[5] In order to reduce the length and number of consultations to be attended by parties during the Award stage, the awards within each group will be broken down into subgroups. Subgroups for Group 1 awards are set out in the notice of listing issued on 9 May 2014 for the 13 May 2014 conference.

[6] A number of written outlines of submissions were received by the Commission in advance of the 13 May 2014 conference. Further submissions were made orally at the conference. Written submissions received since the conference have been published on the Commission’s website.

[7] This statement outlines the next phase of the Award stage for Group 1 awards.

Next steps

[8] Subject to the specific issues addressed below, the Full Bench intends to proceed by referring individual awards to single Members to convene a conference (or conferences).

[9] The Member will be required to identify the variations sought and the extent of any agreement in relation to those variations. The Member will consult with interested parties about appropriate directions to address any unresolved issues, and will report back to the Full Bench within the timeline set out at Attachment A. If issues cannot be resolved, the awards may be referred to a Full Bench for hearing.

[10] The allocations to individual Members are set out in Attachment B. In allocating the awards we have had regard to the way awards were allocated during the 2 year review of modern awards undertaken under Item 6 of Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments Act 2009 (the Transitional Review).

[11] Attachment B also sets out an award by award analysis identifying interested parties and the issues raised to date. All of the written and oral submissions referred to in Attachment B can be accessed on the Award stage page or on individual award pages accessible via the index of awards under review of the Commission’s website. The interested parties in Attachment B are those that have provided submissions or comment to date and do not represent a concluded list. Any other interested parties may make submissions to the Commission during the Award stage. The summary of issues at Attachment B also includes the suggestions made by the Fair Work Ombudsman (FWO) in their research papers.

Specific issues

[12] In its submission dated 9 May 2014 at paragraph 2(b), Ai Group raised two issues relating to award flexibility: ‘make up time’ and ‘time off in lieu of overtime’. These matters fall within the scope of the award flexibility/facilitative provisions common issues to be determined at the hearing of this common issue. These matters can also be raised at the further common issues conference in October 2014.

[13] In its submission dated 9 May 2014, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) foreshadowed an application to include an electrician’s licence allowance in the Manufacturing and Associated Industries and Occupations Award 2010 3 (the Manufacturing Award) (Award Group 1) and the Electrical Power Industry Award 20104 (the Electrical Power Award) (Award Group 3). This allowance is currently contained in the Electrical, Electronic and Communications Contracting Award 20105 (Electrical Contracting Award) (Award Group 4) and the Building and Construction General On-Site Award 20106 (On-site Award) (Award Group 4). The Full Bench proposes to deal with this application in both awards (the Manufacturing Award and the Electrical Power Award) together during Group 3 of the Award stage. The application also sought to vary the licence allowance in the Electrical Contracting Award. This will be dealt with separately during Group 4. We note that the CEPU reserves their position in relation the specific details of the variations sought.

[14] During the 13 May 2014 conference, the Traffic Management Association of Australia foreshadowed an application to make a new modern award to cover traffic controllers employed in the traffic management industry. This application would also affect the Asphalt Industry Award 2010 7, the On-site Award and the Security Services Industry Award 2010. At the 13 May conference the Construction, Forestry, Mining and Energy Union, The Australian Workers’ Union, the Australian Security Industry Association Ltd and United Voice indicated that they would oppose such application. This application will be referred to a Full Bench of the Commission, comprising Senior Deputy President Watson, Deputy President Asbury and Commissioner Cambridge, for determination.

[15] The ACTU made an application seeking to vary non-wage apprentice conditions in 37 awards (12 of which are listed in Award Group 1) following the outcome of the apprenticeship Full Bench proceedings in the Transitional Review.

[16] To ensure that no party is disadvantaged by the scheduling of their awards in Award Groups 2—4, consideration of this issue in all affected awards will be the subject of an initial conference before Commissioner Roe, with a report back to the apprenticeship Full Bench (Justice Boulton, Senior Deputy President Harrison and Commissioner Roe). The ACTU’s application seeks to vary the awards listed in Attachment C. The balance of any variations sought in relation to the 12 Group 1 awards will be listed for conference before a single Member of the Commission as set out in paragraph [8] above.

Conclusion

[17] The Commission’s website will continue to be extensively used 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.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, PR551455>

 

Attachment A

Timeline

Date

Action

22 May 2014

Draft statement published for comment.

29 May 2014

Comments due on draft statement.

2 June 2014

Statement and directions published in final form.

5 June–11 July 2014

Conferences to be held by Members to determine exact variations
sought to each award and the extent of any agreement.

18 July 2014

Member report back to the Full Bench due.

Attachment B

Subgroup 1A

Subgroup 1A consists of 4 awards:

Ambulance and Patient Transport Industry Award 2010 8

Interested parties

Issues raised by parties

Initial proceedings

Ai Group

Absence of a standard ‘make up time’ clause to be dealt with during the common issues proceedings.

Referral to Booth DP for conference and report back to the Full Bench

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

HSU

Raised issues relating to ordinary pay for the purposes of calculating annual leave, inclusion of provision to request training plans and a definition of ‘skill sets’.

FWO

Clauses 10.5(e), 20.1 and 24.1 ambiguity in relation to definitions of overtime and overtime entitlements for casual employees.

Clauses 10.5 and 25.2 ambiguity relating to payment of casual employees called out for duty.

UV

Clause 30.6 inconsistency with the NES.

Clause 14 changes to continuing education program payments proposed.

Cleaning Services Award 2010 9

Interested parties

Issues raised by parties

Initial proceedings

Ai Group

Absence of a standard ‘make up time’ clause to be dealt with during the common issues proceedings.

Referral to Cribb C for conference and report back to the Full Bench

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

UV

Raised an issue of scope and coverage of the award which is currently the subject of an application to vary the modern award before Sams DP.

FWO

Clause 12.4 ambiguity in relation to when allowances are payable to part-time employees.

Clauses 17.1, 24.1, 24.2, 24.4 and 28.6 there is no definition of ‘day’ which makes interpretation difficult.

Clauses 17.6, classifications CSE2 and CSE3 in Schedule D.2 and D.2.1 ambiguity in relation to the payment of a ‘leading hand allowance’ where one classification explicitly refers to the duties and another does not.

Clause 20.3 ambiguity in relation to calculation of payments where employees are kept waiting.

Clauses 24.2 and 27.1 ambiguity in relation to application of minimum engagement periods and loadings payable.

Clauses 27.1(a) and (b) and 27.3 entitlements to penalty rates.

Coverage issues between this award and various other awards including the Real Estate Industry Award 2010 10 and the Miscellaneous Award 201011.

Cotton Ginning Award 2010 12

Interested parties

Issues raised by parties

Initial proceedings

Ai Group

Absence of a standard ‘time off in lieu of overtime’ clause.

Absence of a standard ‘make up time’ clause.

Referral to Ross J for conference and report back to the Full Bench

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Security Services Industry Award 2010

Interested parties

Issues raised by parties

Initial proceedings

TMAA

Foreshadowed an application for a new modern award covering ‘traffic controllers performing work in the traffic management industry’. Such application would require changes to the coverage of the Security Award.

This issue to be referred to a separate Full Bench headed by Watson SDP

UV

Raised issues of coverage, re-define ‘casual employment’ and define ‘long breaks’. Award is currently the subject of a modern award variation application before Sams DP

The balance of the issues in relation to this award will be referred to Roberts C for conference and report back to the Full Bench

ASIAL

Raised issues of ambiguity in the application of the consultation clause, shift work and hours of work, licensing issues, penalty rates and part-time provisions. Also raised a number of issues on behalf of MSS Security including an issue of coverage.

Ai Group

Absence of a standard ‘time off in lieu of overtime’ clause.

Absence of a standard ‘make up time’ clause.

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

FWO

Coverage issues between this award and various other awards including the Fast Food Award 2010 13 and the Miscellaneous Award 201014.

Subgroup 1B

Subgroup 1B consists of 7 awards as follows:

Aluminium Industry Award 2010 15

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Lewin C for conference and report back to the Full Bench

Ai Group

Note an interest

 

Asphalt Industry Award 2010

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Riordan C for conference and report back to the Full Bench

Ai Group

Absence of a standard ‘make up time’ clause.

TMAA

Foreshadowed an application for a new modern award covering ‘traffic controllers performing work in the traffic management industry’. Such application would require changes to the coverage of the Asphalt Industry Award.

FWO

Inconsistency in overtime rates payable between clauses 22.3, 22.5(a) and 24.1(a).

Cement and Lime Award 2010 16

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Ross J for conference and report back to the Full Bench

Ai Group

Absence of a standard ‘make up time’ clause.

ABI/ACCI

Foreshadowed a proposal to consolidate the Cement and Lime Award and the Quarrying Award.

Concrete Products Award 2010 17

Interested parties

Issues raised by parties

Initial proceedings

Brickworks Pty Ltd (represented by Harmers Workplace Lawyers)

Submitted that the award should provide for greater flexibility for working outside the span of normal hours due to extreme weather. Further change proposed to allow ordinary hours to be worked on ‘any 5 of 7’ working days without weekend penalty rates being payable.

Propose a revision of industry allowances to take into account technological advances since the clauses were first inserted into awards 40 years ago.

Referral to Drake SDP for conference and report back to the Full Bench

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

AFEI

Indicated an interest but made no specific submissions.

Ai Group

Absence of a standard ‘make up time’ clause.

Absence of a standard ‘time off in lieu of overtime’ clause.

Premixed Concrete Award 2010 18

Interested parties

Issues raised by parties

Initial proceedings

Ai Group

Absence of a standard ‘make up time’ clause.

Referral to Drake SDP for conference and report back to the Full Bench

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Quarrying Award 2010 19

Interested parties

Issues raised by parties

Initial proceedings

Ai Group

Absence of a standard ‘make up time’ clause.

Referral to Ross J for conference and report back to the Full Bench

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Salt Industry Award 2010 20

Interested parties

Issues raised by parties

Initial proceedings

Ai Group

Absence of a standard ‘make up time’ clause.

Referral to Lewin C for conference and report back to the Full Bench

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Subgroup 1C

Subgroup 1C consists of 8 awards as follows:

Manufacturing and Associated Industries and Occupations Award 2010

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO

Referral to Drake SDP for conference and report back to the Full Bench

CEPU

Seeking inclusion of an electrician’s licence allowance in this award and also the Electrical Power Industry Award 2010. The allowance is currently contained in the Electrical, Electronic and Communications Contracting Award 2010 and a similar allowance exists in the Building and Construction General On-site Award 2010. CEPU propose that inclusion of the allowance in the Manufacturing and Electrical Power awards should be dealt with together in Group 3 of the Award stage.

AMWU

AMWU seek the inclusion of examples to clarify the hours of work provisions.

CFMEU

Support submissions of AMWU.

Ai Group

Raised an issue of provisions relating to off-the-job training for trainees.

Also raised issues which will be dealt with as part of the common issues proceedings including the interaction of annual leave loading and shift loading.

AMIC

No specific issues raised, reserved their position in relation to variations sought by other parties.

MBA

Raised an issue of coverage following a decision of a single member of the Commission in 2011 which found that ‘draughtspersons’ are covered by this award regardless of the industry in which they are employed.

MBA also made broad submissions about award coverage in general, including the potential for uncertainty in the interaction between multiple awards.

MBA to particularise the variation sought and advise the Commission if they wish to proceed in relation to this issue.

FWO

Ambiguities in clauses 32.4(e)(i) (time spent travelling), 36.2(c) and 37.2 (spread of hours).

Coverage issues between this award and:

    ● the Textile, Clothing, Footwear and Associated Industries Award 2010;
    ● the Waste Management Award 2010;
    ● the Vehicle Manufacturing, Repair, Services and Retail Award 2010;
    ● the General Retail Industry Award 2010;
    ● the Building and Construction General On-site Award 2010;
    ● the Electrical, Electronic and Communications Contracting Award 2010; and
    ● the Plumbing and Fire Sprinklers Award 2010

 

Master Electricians Australia

Support Ai Group’s submissions. In relation to the proposed electricians licence submitted that this award and the Electrical Power Industry Award 2010 should be dealt with together, with the Electrical, Electronic and Communications Contracting Award 2010 heard separately.

 

Meat Industry Award 2010 21

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Riordan C for conference and report back to the Full Bench

AMIEU

Coverage issue in relation to inspectors, given the current state of the industry it will not be possible to determine this issue immediately. Suggest that the issues be listed for report back until after 1 January 2015.

Seek an amendment to limit the number of times the transfer between employment categories clause can be used to avoid inappropriate use of this clause.

Variation sought to correct an ambiguity in relation to the distinction between daily hire and weekly hire.

Third issue relates to payment for work on public holidays.

AMIC

Have had discussions with AMIEU about their issue with coverage and due to issues within the industry both parties agree that the coverage issue cannot be dealt with at this time. The parties have requested a report back to the Commission on or before 31 December 2014 with the matter to be referred to conference, if required, early next year.

AMIC have foreshadowed pursuing their application for competency based apprentice provisions which was withdrawn during the Transitional Review in 2012.

FWO

Ambiguity in the basis for calculation of overtime in clause 36.

Ai Group

Note an interest

 

Pharmaceutical Industry Award 2010 22

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Riordan C for conference and report back to the Full Bench

SDA

Noted an interest but does not intend to propose any variations.

ABI/ACCI

Note an interest but continuing to consult with members and do not anticipate making any substantive submissions.

Ai Group

Note an interest

 

Poultry Processing Award 2010 23

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Hampton C for conference and report back to the Full Bench

AFEI

Seek to vary the payment of wages clause.

AMWU

Noted an interest but did not make specific submissions.

AMIEU

Noted an interest but did not make specific submissions.

Ai Group

   

Textile, Clothing, Footwear and Associated Industries Award 2010 24

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Lee C for conference and report back to the Full Bench

TCFUA

Made submissions in relation to 9 typographical or drafting matters and 6 substantive matters. Of the 6 substantive matters some may be contentious including the proposal to include an unpaid leave clause. Suggest proceeding by way of conference to gauge level of agreement with other parties.

ACTU

Include this award in their apprentices claim.

Ai Group

Raised an issue of public holidays falling on rostered days off.

FWO

Ambiguities in relation to clauses 14.3 and 39.3 (calculation of overtime for casual employees), 24.5 and 40.1 (meal allowances) and 34.1 (definitions of shift times).

Clause 13.9 inconsistent with the NES.

Coverage issues between this award and:

    ● the Manufacturing and Associated Industries and Occupations Award 2010; and
    ● the General Retail Industry Award 2010.

Timber Industry Award 2010 25

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Gooley DP for conference and report back to the Full Bench

FWO

Ambiguity in relation to clauses 21.4 (payment of a leading hand allowance), 27 and 30 (daily ordinary hours).

Coverage issues between this award and the Joinery and Building Trades Award 2010 26

AMWU

Agree with FWO that the annual leave provisions for 7 day shiftworkers may be inconsistent with the NES and are unclear.

CFMEU

Propose a variation to the payment of wages clause. This was raised during the Transitional Review but was held to be outside the scope of that review. Noted some disagreement with the FWO consultation paper.

MBA

Issue raised in relation to coverage in the Manufacturing Award is also relevant to this award.

HIA

Raised issues of award coverage in 3 related awards including Timber.

TMA

Noted that they were in consultation with members and did not have anything substantive at this stage.

AFA and CMA

Noted an interest in the coverage issue.

VAFI

Note an interest and suggest proceeding by conference to deal with the issues raised by FWO.

MBA

Support the submissions of the HIA.

Ai Group

Note an interest

 

Vehicle Manufacturing, Repair, Services and Retail Award 2010 27

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Gooley DP for conference and report back to the Full Bench

FWO

Several ambiguities in relation to the following clauses:

    ● 19.2 leading hand allowances;
    ● 28.1(b), 37, 41.1 overtime rates for casuals;
    ● 33.1, 33.4, 33.5 driver classifications;
    ● 33.4 and 37.1 payment to vehicle salespersons for hours worked above the ordinary hours;
    ● 33.4 and 44.9 payment of commission to vehicle salespersons; and
    ● 53.1 spread of hours.

Coverage issues between this award and the Manufacturing and Associated Industries and Occupations Award 2010. Also note that there are coverage provisions that could be clarified.

AMWU

AMWU agree with FWO that the annual leave provisions for 7 day shiftworkers may be inconsistent with the NES and are unclear.

Seek to correct an ambiguity in relation to payment of ordinary time wages to salespeople beyond 38 hours per week.

AMWU also mention issues raised by FWO in their paper dated 4 April 2014 in relation to annual leave. AMWU note some of the issues raised will be dealt with as part of the annual leave common issue.

SDA

Will pursue variations in relation to rest breaks in clause 43.1, casual rates in clause 36.9 and reordering the award to try and simplify the reading of it.

MTA

Seek to pursue a number of drafting and consistency issues. Believe that most of the issues will be resolved at conference but that the SDA’s proposals about casual rates will be contentious.

Ai Group

Note an interest but did not make specific submissions.

 

Wool Storage, Sampling and Testing Award 2010 28

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Lewin C for conference and report back to the Full Bench

Ai Group

Note an interest.

 

Subgroup 1D

Subgroup 1D consists of 5 awards as follows:

Black Coal Mining Industry Award 2010 29

Interested parties

Issues raised by parties

Initial proceedings

CFMEU

Raised 5 issues of possible inconsistency with the terms of the award and the Fair Work Act, some of these will be pursued in the common issues proceedings. The issues raised were payment of annual leave on termination, two matters in relation to redundancy, employer notice of shut down and public holiday payments.

Referral to Boulton J for conference and report back to the Full Bench

Coal Mining Industry Employer Group

Engaged in conversations with the CFMEU, no specific submissions made at this stage.

AMWU

Note an interest.

Ai Group

Note an interest.

AMMA

Note an interest.

FWO

Inconsistency in wording within clause 27.

APESMA

Note an interest.

 

Mining Industry Award 2010 30

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Lewin C for conference and report back to the Full Bench

CFMEU

Note an interest.

AMWU

Note an interest.

 

Ai Group

Note an interest.

 

Oil Refining and Manufacturing Industry Award 2010 31

Interested parties

Issues raised by parties

Initial proceedings

AWU

No specific submissions made, considering position in relation to material submitted by FWO.

Referral to Watson VP for conference and report back to the Full Bench

CFMEU

Note an interest.

AMWU

Note an interest.

ACCI

Note an interest.

AMMA

Note an interest.

 

Ai Group

Note an interest.

 

Rail Industry Award 2010 32

Interested parties

Issues raised by parties

Initial proceedings

ARTBIU

Intend to pursue variations to allowances and rosters.

Referral to Cambridge C for conference and report back to the Full Bench

AMWU

Suggest including an illustrative example in clause 20.5 in relation to variation of ordinary hours.

Ai Group

Note an interest.

AWU

Note an interest.

ASU

Note an interest.

Australian Railway Association

Note an interest.

CFMEU

Note an interest.

APESMA

Note an interest.

 

Stevedoring Industry Award 2010 33

Interested parties

Issues raised by parties

Initial proceedings

Stevedoring Industry Employers

Intend to pursue variations in relation to the following clauses:

    ● Clause 17.1 ordinary hours of work;
    ● Clause 18.5 penalties for shift work;
    ● Clause 23.3 cashing out of person/carer’s leave; and
    ● Clause 25.3 additional day’s leave for public holidays.

Referral to Booth DP for conference and report back to the Full Bench

AWU

Note an interest, intend to oppose the variations sought by the Stevedoring Industry Employers in conjunction with the MUA.

Ai Group

Note an interest.

 

Subgroup 1E

Subgroup 1E consists of 6 awards as follows:

Gas Industry Award 2010 34

Interested parties

Issues raised by parties

Initial proceedings

Ai Group

Note an interest.

Referral to Cambridge C for conference and report back to the Full Bench

AMMA

Note an interest.

Hydrocarbons Industry (Upstream) Award 2010 35

Interested parties

Issues raised by parties

Initial proceedings

AWU

Note an interest.

Referral to Ross J for conference and report back to the Full Bench

CFMEU

Note an interest.

AWU

Note an interest.

AMWU

Note an interest.

AMMA

Note an interest.

 

Marine Tourism and Charter Vessels Award 2010 36

Interested parties

Issues raised by parties

Initial proceedings

AWU

Note an interest.

Referral to Ross J for conference and report back to the Full Bench

AFEI

Note an interest and flagged possible amalgamation of this award and Professional Diving (Recreation) Award 2010.

FWO

Suggest that there should be a definition of ‘outer reef work’.

Maritime Offshore Oil and Gas Award 2010 37

Interested parties

Issues raised by parties

Initial proceedings

AWU

Note an interest.

Referral to Ross J for conference and report back to the Full Bench

CFMEU

Note an interest.

AWU

Note an interest.

AMWU

Note an interest and note an intention to pursue amendments to classifications following a change in the relevant legislation.

Ai Group

Note an interest.

Professional Diving Industry (Industrial) Award 2010 38

Interested parties

Issues raised by parties

Initial proceedings

AWU

Note an interest.

Referral to Ross J for conference and report back to the Full Bench

CFMEU

Note an interest.

AWU

Note an interest.

AMMA

Note an interest.

 

Professional Diving Industry (Recreational) Award 2010 39

Interested parties

Issues raised by parties

Initial proceedings

AWU

Note an interest.

Referral to Ross J for conference and report back to the Full Bench

AFEI

Note an interest and flagged possible amalgamation of this award and Marine Tourism and Charter Vessels Award 2010.

Attachment C

Modern awards to be covered by the proposed ACTU common claim for apprentice conditions of employment:

Airport Employees Award 2010

Aged Care Award 2010

Alpine Resorts Award 2010

Aluminium Industry Award 2010 *

Amusement, Events and Recreation Award 2010

Black Coal Mining Industry Award 2010 *

Cemetery Industry Award 2010

Children's Services Award 2010

Coal Export Terminals Award 2010

Dry Cleaning and Laundry Industry Award 2010

Educational Services (Schools) General Staff Award 2010

Food, Beverage and Tobacco Manufacturing Award 2010

Gardening and Landscaping Services Award 2010

Gas Industry Award 2010 *

General Retail Industry Award

Hair and Beauty Industry Award 2010

Health Professionals and Support Services Award 2010

Higher Education Industry – General Staff – Award 2010

Hospitality Industry (General) Award 2010

Hydrocarbons Industry (Upstream) Award 2010 *

Local Government Industry Award 2010

Meat Industry Award 2010 *

Mining Industry Award 2010 *

Miscellaneous Award 2010

Nursery Award 2010

Oil Refining and Manufacturing Award 2010 *

Port Authorities Award 2010

Racing Industry Ground Maintenance Award 2010

Rail Industry Award 2010 *

Registered and Licensed Clubs Award 2010

Restaurant Industry Award 2010

Salt Industry Award 2010 *

Stevedoring Industry Award 2010 *

Textile, Clothing, Footwear and Associated Industries Award 2010 *

Timber Industry Award 2010 *

Water Industry Award 2010

Wine Industry Award 2010

(*) denotes Group 1 awards in the 2014 award review.

 1   [2014] FWCFB 1788.

 2   MA000016.

 3   MA000010.

 4   MA000088.

 5   MA000025.

 6   MA000020.

 7   MA000054.

 8   MA000098.

 9   MA000022.

 10   MA000106.

 11   MA000104.

 12   MA000024.

 13   MA000003.

 14   MA000104.

 15   MA000060.

 16   MA000055.

 17   MA000056.

 18   MA000057.

 19   MA000037.

 20   MA000107.

 21   MA000059.

 22   MA000069.

 23   MA000074.

 24   MA000017.

 25   MA000071.

 26   MA000029.

 27   MA000089.

 28   MA000044.

 29   MA000001.

 30   MA000011.

 31   MA000072.

 32   MA000015.

 33   MA000053.

 34   MA000061.

 35   MA000062.

 36   MA000093.

 37   MA000086.

 38   MA000108.

 39   MA000109.