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

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

4 yearly review of modern awards – common issues – public holidays – award flexibility – part-time employment – casual employment – additional common issues – award stage – Group 3 and 4 awards – update.

[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.

[2] The purpose of this statement is to provide information relating to the common issues that are to be called on for mention on 17 November 2014, any additional common issues that may be dealt with as part of the Review and to provide initial information relating to the review of the awards in Groups 3 and 4.

Common issues – Award flexibility and Public Holidays

[3] An initial conference will be held for the award flexibility common issue and the public holidays common issue at 4:30 pm on Monday 17 November 2014. At this conference, interested parties will be invited to make oral submissions on the scope of each of these common issues, and the proposed timetable for the hearing of these matters.

Part-time employment and casual employment common issue

[4] The Statement issued on 1 October 2014 2 provided a timeline for filing of submissions for the part-time employment and casual employment common issue. Parties are to submit an outline of their proposed positions in relation to the following:

• casual minimum engagement



• casual conversion (including the requirement to notify)



• restrictions on casual engagement



• part-time minimum engagement



• part-time rostering provisions and patterns of hours



• part-time overtime provisions

[5] Parties are also asked to state the list of awards that are affected by their proposed positions. Submissions are due by 4.00 pm on 11 November 2014.

Additional common issues

[6] The 1 October 2014 Statement 3 provided information relating to additional common issues that may be dealt with as part of the Review. A number of parties have raised some additional claims to be dealt with as common matters, including:

• an issue regarding the motor vehicle allowance in over 70 modern awards;



• a domestic violence clause that relates to leave;



• a family friendly work arrangements clause that supplements NES rights; and



• the introduction of a Small Business Schedule in approximately 108 modern awards.

[7] The timeline issued on 1 October 2014 is as follows:

Award stage – Group 3 and 4 awards

[8] An initial conference for Group 3 and 4 awards will be held at 4:30 pm on Tuesday 18 November 2014. The purpose of this conference is to identify a timeline for Groups 3 and 4 and to identify sub-groupings of awards. A number of parties have foreshadowed that they will seek changes to penalty rates for certain awards in Group 4, particularly in the retail and hospitality industries. These parties are invited to propose directions for the hearing and determination of these matters.

[9] Attachment A to this statement sets out the awards in Group 3 and 4.

[10] Notices of listings for the conferences outlined in this statement will be issued in due course. 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 the Review.

PRESIDENT

ATTACHMENT A—Group 3 and 4 awards

Group 3 (33 awards)

Group 4 (40 awards)

 1   [2014] FWC 1790.

 2   [2014] FWC 6904.

 3   [2014] FWC 6904

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