STATEMENT

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

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

JUSTICE ROSS, PRESIDENT

MELBOURNE, 29 JULY 2015

4 yearly review of modern awards – penalty rates.

[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 awards as part of the 4 yearly review of modern awards. A statement and agreed directions in this matter were issued on 3 March 2015 following extensive consultation.

[2] In correspondence dated 26 June 2015 the Australian Federation of Employers and Industries (AFEI) and the Australian Amusement, Leisure and Recreation Association Inc. withdrew their claim to vary the Amusement, Events and Recreation Award 2010. This award has been removed from Hospitality group and is no longer the subject of AM2014/305.

[3] On 24 July 2015 correspondence was received from the Shop, Distributive and Allied Employees Association and United Voice (jointly ‘the Unions’) seeking significant amendments to the directions. They expressed concern that there would be insufficient time to deal with all expert and hospitality evidence during the 14 sitting days scheduled in September. Among other changes, their alternative directions propose the following:

to defer the expert evidence from September to December;

to add two additional hearing dates in early December;

to include an additional final written submission process in early 2016; and

to provide up to three additional hearing days after 23 February 2016.

[4] A mention will be held at 9.00 am on Wednesday 5 August 2015 in relation to the scheduling for the hearings of the expert and hospitality evidence listed for 8 to 25 September 2015. This mention will deal with the correspondence referred to at paragraph 3 above; the sequence of witnesses; the location of hearings and the process for dealing with any objections to the evidence filed.

[5] A separate notice of listing will be issued shortly. Video conferencing facilities will be made available for the Mention. If any party requires a video link (to a location other than Melbourne) they are to notify chambers.ross.j@fwc.gov.au by no later than 4.00 pm on Friday 31 July 2015.

PRESIDENT

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