[2015] FWCFB 6662


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/198 and others)



4 yearly review of modern awards – award stage – Group 2 awards

[1] Section 156 of the Fair Work Act 2009 (the Act) requires the Fair Work Commission (the Commission) to review all modern awards every four years. The 122 modern awards being dealt with during the Award stage have been divided into 4 groups with the awards allocated to Group 2 listed at Attachment A to this Statement. The review of Group 2 awards commenced with conferences on 23 October 2014 and 2 December 2014. Additional conferences have been held in relation to nine of the awards in this group before single Members of the Commission. Statements setting out the process for the Group 2 awards were issued on 8 December 2014 1, 30 March 20152 and 6 May 20153. The purpose of this Statement is to deal with the next stage of proceedings in relation to this group of awards.

[2] Exposure drafts for each award and a document summarising issues initially proposed in Group 2 were published on the Commission website in December 2014. Interested parties then filed written submissions on the exposure drafts and, in accordance with amended directions issued on 6 May 2015, parties have lodged submissions in reply and outlines of any substantive changes they are seeking to this group of awards. Updated summaries of submissions have been published on the relevant award pages and can be accessed through the Awards under review section of the Commission’s website.

[3] Full Bench hearings in relation to the Group 2 awards are listed for 7–8 October 2015. The purpose of the first day of hearings is to:

(i) confirm the accuracy of the summaries of submissions;

(ii) confirm whether any further issues are to be withdrawn/not pressed;

(iii) identify substantive issues that should be referred to a separate Full Bench;

(iv) identify issues that are to be referred to a common issue Full Bench (e.g. casual or part-time employment);

(v) identify those issues where there is agreement between the parties (e.g. straightforward drafting issues); or

(vi) identify any issues which may be resolved at a conference.

[4] On 8 October 2015 there may also be an opportunity for members of the Full Bench to facilitate conferences in relation to any matters under dispute if the parties feel these would be of benefit. A proposed schedule for the proceedings is at Attachment B.

[5] A notice of listing will be issued shortly. The Full Bench will be sitting in Sydney. Any party seeking video conferencing facilities should email chambers.ross.j@fwc.gov.au by 4 pm Thursday 1 October 2015.

Pharmacy Industry Award 2010

[6] As discussed during the conference on 2 September 2015 and outlined in the Statement issued on 22 September 2015 4, the Pharmacy Industry Award 2010 (the Pharmacy award) will be reviewed in a separate process under AM2014/209. The Pharmacy award will not be considered during the hearings on 7–8 October 2015. Separate directions for that matter will be issued in due course.


ATTACHMENT A—Group 2 awards divided by sub-group

    Award code

    Award title

    Matter Number

    Sub-group A


    Alpine Resorts Award 2010

    Aquaculture Industry Award 2010

    Graphic Arts Award 2010

    Seafood Processing Award 2010

    Storage Services and Wholesale Award 2010

    Sub-group B


    Animal Care and Veterinary Services Award 2010

    Health Professionals and Support Services Award 2010

    Medical Practitioners Award 2010

    Nurses Award 2010

    Pharmacy Industry Award 2010*

    Sub-group C


    Passenger Vehicle Transportation Award 2010

    Road Transport (Long Distance Operations) Award 2010

    Road Transport and Distribution Award 2010

    Transport (Cash in Transit) Award 2010

    Waste Management Award 2010

    Sub-group D


    Corrections and Detention (Private Sector) Award 2010

    Fire Fighting Industry Award 2010

    Horse and Greyhound Training Award 2010

    Racing Industry Ground Maintenance Award 2010

* The Pharmacy Industry Award 2010 will not be considered during the hearings on
7–8 October 2015

ATTACHMENT B—Proposed schedule for proceedings

Wednesday 7 October 2015



9.30 am

Subgroup 2A

Not before 11.00 am

Subgroup 2B (except Pharmacy)

2.00 pm

Subgroup 2C

Not before 3.00 pm

Subgroup 2D

Thursday 8 October 2015

Conferences before single Members if requested.

 1   [2014] FWC 8837

 2   [2015] FWC 2194

 3   [2015] FWC 3148

 4   [2015] FWC 6555

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