[2014] FWCFB 6188
FAIR WORK COMMISSION

STATEMENT



Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/64, AM2014/65, AM2014/66, AM2014/68, AM2014/69, AM2014/70, AM2014/71, AM2014/83, AM2014/86, AM2014/88, AM2014/89)

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

MELBOURNE, 5 SEPTEMBER 2014

4 yearly review of modern awards - award stage—exposure drafts—subgroups 1A and 1B.

[1] In a decision issued on 17 March 2014 1 the Commission stated that the 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. This statement deals with the award stage of the Review.

[2] The award stage commenced with an initial conference for the first group of awards on 13 May 2014. This was followed by a conference for each award before single members of the Fair Work Commission (the Commission) to identify the issues and determine any areas of agreement. Members reported back to the Full Bench and these reports are available on the Commission’s website. As indicated in a Full Bench statement dated 13 August 2014, 2 the initial conference and report back phase for Group 1 awards has been completed.

[3] The 13 August 2014 statement 3 set out the timetable and procedure for the remainder of the 4 yearly review. In a Notice of listing issued on 9 May 2014 and amended on 13 May 2014 the first group of awards under review were divided into 5 sub-groups (1A–1E).

[4] The Commission has now finalised exposure drafts for each of the sub-group 1A awards.

[5] The exposure drafts incorporate any technical and drafting changes proposed by the Commission and identify provisions that may need further review. The exposure drafts do not incorporate any substantive changes and do not represent the concluded view of the Commission on any issue.

[6] We now publish the exposure drafts for awards being reviewed in Group 1A. Those awards are:

[7] On the basis of the report from the initial conference for the Security Services Industry Award 2010 there appear to be substantial matters to be contested. These substantial matters will be heard and determined by a separate Full Bench. 4 The timeframe for submissions regarding these substantial matters will be the subject of directions issued by that Full Bench in due course. The technical aspects relating to the Exposure Draft for the Security Services Industry Award 2010 will be dealt with by the 4 yearly review Full Bench.

[8] Exposure drafts for awards being reviewed in Group 1B will be progressively published on the website over the coming days. Those awards are:

[9] Parties are asked to make written submissions in regard to both the technical aspects of the exposure drafts and the substantive variations they wish to pursue. The closing date for submissions for awards in subgroups 1A and 1B is 26 September 2014. Submissions should identify clauses contained in the exposure drafts that parties do not agree with, or wish to vary. In instances where parties do not agree with the wording of a proposed clause or wish to seek a variation to an existing clause, alternative draft clauses must be put forward to the Full Bench. Submissions in reply are due on 15 October 2014.

[10] The awards will be called on for mention before the Presiding Member of the Full Bench at 1.00 pm on 17 October 2014. Depending on the range of views of the parties, following the mention the Full Bench may direct parties to participate in further consultation on particular issues. Hearings to determine any contested issues in the sub-group 1A and 1B awards will be held on 23–24 October 2014.

Citizen co-design

[11] A qualitative study entitled ‘Citizen co-design with small business owners’ was undertaken by the Workplace and Economic Research Team of the Commission in partnership with Sweeney Research. The objective of the research was to understand the attitudes and behaviours of the small business community in relation to usage and perceptions of modern award documents. 47 small business owners, across both metropolitan and rural areas in Victoria and NSW, participated in the study. The full report is now available on the Commission’s website via the following link: Citizen co-design with small business owners. A number of matters raised in the study relating to the format and structure of modern awards have been considered for the purposes of the exposure drafts.

PRESIDENT

 1   [2014] FWCFB 1788.

 2   [2014] FWCFB 5537.

 3   [2014] FWCFB 5537.

 4   See paragraph [8] of the 13 August 2014 Statement [2014] FWCFB 5537.

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