[2014] FWC 2279

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – annual leave
(AM2014/47)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 APRIL 2014

4 yearly review of modern awards - common issue - annual leave.

[1] In a Statement and Directions issued on 17 March 2014 1 interested parties were invited to make submissions in relation to the scope of the annual leave common issue. Following the filing of submissions a background paper was issued summarising in broad terms the 11 submissions received and identifying the subject areas which were put forward by the parties. The background paper also contained a number of questions that parties were invited to comment upon during a conference scheduled for 27 March 2014.

[2] The purpose of this Statement is to outline the scope of the subject areas that will be dealt with by the Annual Leave Full Bench. The subject areas identified by parties in submissions are:

(i) the cashing out of annual leave

(ii) excessive annual leave

(iii) annual close-down

(iv) granting leave in advance

(v) purchased leave

(vi) payment of annual leave entitlements on termination

(vii) EFT and paid annual leave

[3] At the conference on 27 March 2014 parties made submissions relating to the inclusion or exclusion of the above matters as part of the annual leave common issue. A number of parties submitted that the issues of excessive annual leave and annual close-down are inter-related and on that basis I have decided that both matters will be dealt with as part of the common issue. I have also decided that all of the remaining matters should all be dealt with by the Annual Leave Full Bench. In each of the subject matters identified by the parties the proposed variations will apply to a significant number of modern awards and in some cases to all modern awards.

[4] It is proposed that once the Annual Leave Common Issue proceedings are completed, the Full Bench will issue an in principle decision, along with any draft determinations for all modern awards. Interested parties will then have the opportunity to comment upon the draft determinations as they relate to each individual modern award, and make submissions related to tailoring any provisions to specific awards. This process is not intended to prevent any party from making a submission to the Annual Leave Full Bench at any stage throughout the process.

[5] Submissions directed at one or two individual awards fall outside the scope of the Annual Leave Commission Issue proceedings. However, if parties who only have an interest in one modern award wish to make a submission completely rejecting a proposition, this should be raised during the substantive proceedings. Parties wishing to make a submission of this nature should not wait until the draft determination phase, as this phase will be used for tailoring clauses to suit particular awards and should not be viewed as an opportunity to re-agitate issues already determined by the Annual Leave Full Bench.

[6] Attached to this Statement is a set of draft directions setting out the proposed scheduling for the filing of material. Parties are invited to comment upon the draft directions no later than 4.00 pm Friday 11 April 2014. Any comment should be emailed to amod@fwc.gov.au. Final directions will be issued on Monday 14 April 2014.

[7] Over the next 8 weeks I encourage employer associations to hold discussions with a view to refining the extent of their propositions. ACCI and Ai Group should co-ordinate these discussions. It would be of assistance to the Commission if parties were to attempt to come to a single proposition in relation to each of the annual leave issues to be dealt with by the Full Bench.

[8] The above applies to the union parties also. I would encourage the union parties to hold discussions with a view to refining the extent of the propositions they propose to advance and come to the Commission with one single proposition for each issue. The ACTU should co-ordinate these discussions.

[9] If a member of the Commission is required to facilitate the discussions outlined above, parties should make a request in writing to chambers.ross.j@fwc.gov.au.

[10] To date, only one piece of correspondence has been received relating to coverage issues in particular modern awards. This correspondence was from the AMWU and related to coverage issues in the Graphic Arts, Printing and Publishing Award 2010. I invite parties who wish to raise any other coverage issues to write to amod@fwc.gov.au outlining their proposals, or to raise these issues at the conferences which will be convened at the commencement of each award stage.

PRESIDENT

ATTACHMENT

DRAFT DIRECTIONS

Fair Work Act 2009 s.156 - 4 yearly review of modern awards

JUSTICE ROSS, PRESIDENT	MELBOURNE, XX APRIL 2014

It is directed that:

In relation to each of the propositions outlined at paragraph 2 of the Statement of 4 April which are before the Full Bench regarding the Annual Leave Common Issue:

1. On or before 4.00pm on Wednesday 21 May 2014 each interested party is to file in the Fair Work Commission a proposed variation determination and a list of awards to which the proposed variation determination will apply.

2. The matter will be listed for a further mention at 1.00 pm on Friday 30 May 2014 for a report back to the Full Bench regarding the parties who will be pressing or opposing each proposition.

3. On or before 4.00 pm on Friday 6 June 2014 each interested party is to file in the Fair Work Commission a comprehensive written submission, any relevant documentary material and a comprehensive witness statement for any witness evidence to be relied upon in support of the propositions.

4. On or before 4.00 pm on Friday 25 July 2014 any interested party is to file in the Fair Work Commission a comprehensive submission, any relevant documentary material and a comprehensive witness statement for any witness evidence to be relied upon in response to the propositions.

5. The matter will be listed for a further mention and programming at 1.00pm on Monday 4 August 2014.

6. The matter will be listed for hearing before a Full Bench at 11.00 am on Thursday 14 August 2014.

7. Leave is granted to apply generally.

8. All material should be sent to amod@fwc.gov.au.

PRESIDENT