[2014] FWC 3704 |
FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – Transitional provisions
(AM2014/190)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 4 JUNE 2014 |
4 yearly review of modern awards – common issue – transitional provisions.
[1] In a Statement and Directions issued on 17 March 2014 1, a number of common issues were identified including Transitional/sunsetting provisions relating to accident pay, redundancy and district allowances (Transitional Provisions).
[2] A background paper was published on the Fair Work Commission website on 2 June 2014 summarising in broad terms the three subject areas which comprise the Transitional Provisions Common Issue being accident pay, redundancy and district allowances. The background paper also contains a number of questions that parties are invited to comment upon.
[3] On or before 4.00 pm on Tuesday 1 July 2014 each interested party is to file in the Fair Work Commission clarification of what is proposed by the parties in relation to the transitional provisions in modern awards; a list of awards to which the proposed variation(s) will apply; and any additional material in response to the questions posed at paragraphs 14, 25 and 35 of the Background Paper of 2 June 2014.
[4] The Statement of 17 March 2014 directed that other transitional or sunset provisions in modern awards as identified in the Attachment A to the Background Paper will be dealt with during the award phase of the Review.
[5] At the Mention on 3 June 2014 parties submitted that the issue of Accident Pay can stand alone however in order to avoid repetition of argument in relation to the legislative context, it has been decided that the three Transitional Provisions will be heard together.
[6] It is proposed that once the Transitional Provisions 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 Transitional Provisions Full Bench at any stage throughout the process.
[7] 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 Tuesday 8 July 2014. Any comment should be emailed to amod@fwc.gov.au. Final directions will be issued later that week.
PRESIDENT
ATTACHMENT |
DRAFT DIRECTIONS |
JUSTICE ROSS, PRESIDENT |
MELBOURNE, XX JULY 2014 |
It is directed that:
In relation to the matters which are before the Full Bench regarding the Transitional Provisions Common Issue:
1. On or before 4.00 pm on Friday 25 July 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 any proposed variations.
2. On or before 4.00 pm on Friday 5 September 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 proposed variations.
3. If required, the matter will be listed for a further mention and programming at 1.00 pm on Monday 8 September 2014.
4. The matter will be listed for hearing before a Full Bench in mid-September. Dates will be confirmed in due course.
5. Leave is granted to apply generally.
6. All material should be sent to amod@fwc.gov.au.
PRESIDENT
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