[2014] FWCFB 2757

FAIR WORK COMMISSION

FURTHER DECISION



Fair Work Act 2009

Schedule 4, item 5—amendments made by the Fair Work Amendment Act 2013

Consultation clause in modern awards
(AM2013/24)

JUSTICE ROSS, PRESIDENT
SENIOR DEPUTY PRESIDENT WATSON
COMMISSIONER WILSON

MELBOURNE, 30 APRIL 2014

Consultation about changes to rosters or hours of work.

[1] This Full Bench issued a decision 1 and determination2 in this matter on 23 and 24 December 2013. The determination deleted the ‘Consultation regarding major workplace change’ clause from all 122 modern awards and replaced it with a new clause giving rise to our decision. It came to light that the effect of this determination inadvertently deleted the ‘Consultation regarding change of contract’ in the Security Services Industry Award 20103.

[2] Two further draft determinations relating to the Security Services Industry Award 2010 were published by the Fair Work Commission on 11 March 2014. The purpose of the draft determinations was to correct the administrative error outlined above. Parties were provided seven days to comment on the draft determinations. Submissions were received from MSS Security, Australian Security Industry Association Limited and United Voice. The submissions received from MSS Security and Australian Security Industry Association Limited relate to the substance of the clause contained in the Security Services Industry Award 2010.

[3] We have decided to issue the draft determinations as they stand to correct the administrative oversight. The appropriate time for MSS Security and Australian Security Industry Association Limited to raise their submissions is during the 4 yearly review of modern awards. We note that the Security Services Industry Award 2010 is listed for consideration in Stage 1 of the 4 yearly review.

PRESIDENT

 1   [2013] FWCFB 10165.

 2   PR546288.

 3   MA000016.

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