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

4 yearly review of modern awards—Penalty rates
(AM2014/305)

4 yearly review of modern awards – penalty rates – final directions.

[1] The purpose of this statement is to provide further information about the scheduling of various proposals to vary penalty rates in a number of modern awards as part of the 4 yearly review of modern awards. It is convenient to refer to these matters collectively as the Penalty Rates case.

[2] Following a conference held on 12 December 2014 to deal with various programming and scheduling issues the Commission issued a Statement on 17 December 2014. A further conference was held on 20 February 2015 to deal with the scheduling of this matter and the Commission issued a Statement on 23 February 2015 to which a revised draft timetable was attached. A further conference was convened on 2 March 2015 to finalise the timetable.

[3] Submissions were received from a number of interested parties in relation to the draft timetable and at the 2 March conference the following amendments were either generally agreed or not opposed:

(i) The Commission confirmed that the outline of submissions to be filed by 20 April and 1 June is confined to expert evidence only.

(ii) The requirement to file “the list of expert witnesses to be called (including their qualifications and the nature of their evidence)” is amended to “the list of expert witnesses to be called (including their qualifications and the nature and substance of their evidence).” This requirement applies to both employer and employee parties.

(iii) On the same date by which parties are to file their (non-expert) evidence, they are also required to file an outline of submissions and the findings they submit the Commission should make based on the evidence to be filed in relation to specific awards in the retail/hospitality group. This requirement applies to both employer and employee parties.

(iv) The proposed date of filing the list of experts for the union parties is changed from the 1 June 2015 to 15 June 2015.

(v) Where a party intends to submit survey evidence they must give notice of the nature of any survey evidence proposed to be relied on. Parties must file an outline of any survey evidence to be relied on (including information as to the persons surveyed, the subject matter(s) of the survey, the size and type of the survey and the organisation/person conducting the survey) by:

(a) 25 May 2015 in relation to hospitality employers; and

(b) 6 July 2015 in relation to retail employers.

[4] Witness statements must not contain submissions or opinion, unless the evidence is provided by an expert qualified to provide opinion evidence. Prior to the oral hearings the Full Bench will deal with any objections to the witness statements filed. Material that is considered to be inadmissible will be struck out.

[5] Further consultation will occur in relation to the timing and location of evidentiary hearings once the witness statements have been filed.

[6] As stated at the conference, it is important for all parties to comply with the various deadlines for filing material set out in the attached directions. Any variation to the directions must be the subject of a written application which will be considered by the Commission.

[7] Final directions are now attached.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, PR561602>

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

4 yearly review of modern awards—Penalty rates
(AM2014/305)

It is directed that:

1. On or before 4.00 pm on Monday, 20 April 2015 each employer party is to file in the Commission the list of expert witnesses to be called (including their qualifications and the nature and substance of their evidence) and an outline of submissions and the findings they submit the Commission should make based on the expert evidence to be filed.

2. On or before 4.00 pm on Monday, 25 May 2015 each party who intends to submit survey evidence in relation to the hospitality group must file an outline of any survey evidence to be relied on including information as to the persons surveyed, the subject matter(s) of the survey, the size and type of the survey and the organisation/person conducting the survey.

3. On or before 4.00 pm on Monday, 15 June 2015 each union party is to file in the Commission the list of expert witnesses to be called (including their qualifications and the nature and substance of their evidence) and an outline of submissions and the findings they submit the Commission should make based on the expert evidence to be filed.

4. On or before 4.00 pm on Monday, 29 June 2015 each employer party is to file expert evidence and common material.

5. On or before 4.00 pm on Monday, 29 June 2015 each employer party is to file hospitality evidence and an outline of submissions and the findings they submit the Commission should make based on the hospitality evidence to be filed.

6. On or before 4.00 pm on Monday, 6 July 2015 each party who intends to submit survey evidence in relation to the retail group must file an outline of any survey evidence to be relied on including information as to the persons surveyed, the subject matter(s) of the survey, the size and type of the survey and the organisation/person conducting the survey.

7. On or before 4.00 pm on Monday, 10 August 2015 each union party is to file hospitality evidence and an outline of submissions and the findings they submit the Commission should make based on the hospitality evidence to be filed.

8. On or before 4.00 pm on Monday, 10 August 2015 each employer party is to file retail evidence and an outline of submissions and the findings they submit the Commission should make based on the retail evidence to be filed.

9. On or before 4.00 pm on Monday, 24 August 2015 each union party is to file expert evidence and common material.

10. On or before 4.00 pm on Tuesday, 1 September 2015 each employer party is to file reply evidence from employer experts.

11. The matter will be listed for hearing in relation to expert evidence and hospitality evidence before a Full Bench from Tuesday, 8 September 2015 to Friday, 25 September 2015 (inclusive).

12. On or before 4.00 pm on Monday, 5 October 2015 each union party is to file retail evidence and an outline of submissions and the findings they submit the Commission should make based on the retail evidence to be filed.

13. The matter will be listed for hearing in relation to retail evidence before a Full Bench from Monday, 12 October 2015 to Friday, 30 October 2015 (inclusive).

14. On or before 4.00 pm on Wednesday, 14 October 2015 each employer party is to file final hospitality submissions.

15. On or before 4.00 pm on Monday, 9 November 2015 each employer party is to file final retail submissions.

16. On or before 4.00 pm on Wednesday, 25 November 2015 each union party is to file final hospitality submissions.

17. On or before 4.00 pm on Wednesday, 2 December 2015 each employer party is to file hospitality submissions in reply.

18. On or before 4.00 pm on Wednesday, 2 December 2015 each union party is to file final retail submissions.

19. On or before 4.00 pm on Wednesday, 9 December 2015 each employer party is to file retail submissions in reply.

20. The matter will be listed for hearing before a Full Bench from Monday, 14 December 2015 to Friday, 18 December 2015 (inclusive) in relation to the hospitality and retail award-specific issues.

21. Leave is granted to apply generally.

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

ATTACHMENT A—Timetable (3 March 2015)

ATTACHMENT B—Timetable by subject (3 March 2015)