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

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(ii) confirm whether any further issues are to be withdrawn/not pressed;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

PRESIDENT

ATTACHMENT A—Group 2 awards divided by sub-group

* 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

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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