[2014] FWCFB 916 |
FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156—4 yearly review of modern awards
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 6 FEBRUARY 2014 |
4 yearly review of modern awards.
[1] Section 156 of the Fair Work Act 2009 (Cth) (the FW Act), provides that the Commission must review all modern awards every four years. The conference held on 5 February 2014 marks the commencement of the first such 4 yearly review (the review). The review will consist of an initial stage dealing with issues associated with the legislative framework for the review and the identification of ‘common issues’ (the initial stage). This will be followed by an award stage which will review all modern awards in four groups (the award stage).
[2] On 24 January 2014 the Commission released an issues paper relating to the review. The Commission received 35 submissions in response to the issues paper. These submissions are available on the 4 yearly review of modern awards page of the Commission’s website.
[3] At the conference on 5 February 2014 the Commission outlined a process for the resolution of the jurisdictional issues canvassed in the issues paper and to progress the identification of ‘common issues’ that affect multiple awards. There was broad support for the process outlined. The Commission directed that the conference be conducted in public, pursuant to s.592(3) of the FW Act, and a transcript of the proceedings will be available on the 4 yearly review of modern awards page of the Commission’s website.
[4] In relation to the jurisdictional issues the Commission has issued Directions for the filing of any further submissions. A hearing in relation to these matters will take place on 6 March 2014.
[5] The ‘common issues’ (including issues associated with the coverage of modern awards) will be the subject of a Conference to be convened by the President on 26 February 2014. Further information about that Conference will be provided shortly.
[6] Three award specific matters were also discussed during the 5 February 2014 conference:
(i) Fitness Industry Award 2010: Fitness Australia proposed that this award be moved from stage 2 of the award phase to stage 3. There was no opposition to the proposal and the award groupings will be amended accordingly.
(ii) Pharmacy Industry Award 2010: The Pharmacy Guild of Australia proposed that this award be moved from stage 2 of the award phase to stage 4. This proposal was opposed by the Association of Professional Engineers, Scientists and Managers, Australia.
Directions have been issued providing for the filing of written submissions in relation to this proposal. The Commission will determine the issue on the basis of the written submissions filed.
(iii) Timber Industry Award 2010: The Housing Industry Association proposed that the award be moved from stage 1 of the award phase to stage 4. The Construction, Forestry, Mining and Energy Union (the CFMEU) opposed the proposal.
Directions have been issued providing for the filing of written submissions in relation to this proposal. The Commission will determine the issue on the basis of the written submissions filed.
(iv) Black Coal Mining Industry Award 2010: Modern awards, including the Black Coal Mining Industry Award 2010, contain provisions relating to accident pay. These provisions include a ‘sunset clause’ to the effect that the accident pay provisions will cease to have effect from 31 December 2014. In September 2013 the CFMEU made an application under s.157 of the FW Act to vary this award to delete the ‘sunset clause’ preserving the operation of certain accident pay provisions (AM2013/20). This application is currently before Senior Deputy President Hamberger and is listed for hearing on 17, 18 and 19 March 2014. The CFMEU and the Coal Mining Industry Employer Group propose that the Commission should deal with the issue of the appropriate accident pay provisions to replace the present transitional provisions as a ‘common issue’ in the review.
Senior Deputy President Hamberger will convene a conference of the parties to AM2013/20 to discuss the interaction between the CFMEU’s application and the Review.
The proposition that the accident pay provisions in modern awards be dealt with as a ‘common issue’ will be discussed at the conference to be convened by the President on 26 February 2014.
[7] During the course of this review, parties and the Commission may wish to draw on data and research to inform the proceedings.
[8] The Commission notes that research into award reliance was recently published as part of the Annual Wage Review 2013-14. This research, undertaken by the Workplace Research Centre, University of Sydney Business School, reports the findings of an Award Reliance survey undertaken in 2013 which sampled non-public sector organisations operating in the national workplace relations system. The research provides a range of data from award-reliant organisations including their composition and the nature of employment arrangements within them. The research can be found on the Commission’s website.
[9] In addition, during the course of the review, there may be some capacity for research staff of the Commission to provide data or research as it relates to the proceedings. Any requests or proposals for research will be discussed further with parties by the relevant Member or Full Bench.
PRESIDENT
Printed by authority of the Commonwealth Government Printer