| [2015] FWCFB 8408 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
JUSTICE ROSS, PRESIDENT |
|
4 yearly review of modern awards - common issue - annual leave - determinations.
[1] A Statement issued on 23 November 2015 (the November Statement) set out provisional views as to how we proposed to deal with the submissions filed in relation to the insertion of various annual leave model terms into all modern awards.
[2] Paragraph [8] of the November Statement noted that an employee covered by the Waste Management Award 2010 had submitted that a definition of shiftworker for the purpose of the additional week of annual leave should be inserted in this award. Given that the award provides for shiftwork we expressed the provisional view that the variation determination include the following definition:
‘For the purposes of the additional week of annual leave provided in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.’
[3] Parties were invited to file written submissions regarding the provisional view expressed (including the terms of the proposed variation) above. Submissions were filed by Ai Group 1 and supported by the Waste Contractors and Recyclers Association of NSW2 contending this issue should be dealt with during the award stage on the basis that a similar application made by the Transport Workers’ Union of Australia is currently being dealt with in the award stage in AM2014/216. We agree with the proposal by Ai Group and accordingly the employee’s submission will be referred to the award stage for consideration.
[4] The November Statement also referred to submissions by the Australian Mines and Metals Association (AMMA) and Maritime Industry Association Ltd (MIA). Those submissions opposed the insertion of the model terms relating to excessive leave, annual leave in advance and cashing out of annual leave in the following awards:
[5] The AWU did not oppose the submissions advanced by AMMA and the MIA. In the November Statement we expressed our provisional view that the draft determinations inserting annual leave provisions dealing with excessive leave, leave in advance and cashing out will not be issued in relation to these six awards. Any interested persons objecting to our provisional view was invited to file a written submission no later than 4.00 pm on Thursday 3 December 2015. We also stated that if no submissions are made to the contrary we would adopt AMMA/MIA’s position.
[6] No submissions were received in relation to this issue. Accordingly, at this time we do not propose to vary the six modern awards set out at paragraph [4] above in respect of the model terms referred to earlier. Any interested party may seek to vary one or more of these modern awards during the 4 yearly review to include these model terms. We will deal with any such application should it be made.
PRESIDENT
ATTACHMENT A—LIST OF SUBMISSIONS RECEIVED TO 3 DECEMBER 2015
Organisation |
Document |
Date |
Australian Public Transport Industrial Association |
Submission - draft determination - Passenger Vehicle Transportation Award 2010 |
13/07/2015 |
Australian Higher Education Industrial Association |
13/07/2015 | |
D. Kruse and others |
Submission - draft determination - Waste Management Award 2010 |
21/10/2015 |
Clubs Australia Industrial |
Submission - draft determination - Registered and Licensed Clubs Award 2010 |
26/10/2015 |
Australian Industry Group |
26/10/2015 | |
CFMEU - Mining and Energy Division |
Submission - draft determination - Black Coal Mining Industry Award 2010 |
26/10/2015 |
Coal Mining Industry Employer Group |
Submission - draft determination - Black Coal Mining Industry Award 2010 |
26/10/2015 |
Associations of Independent Schools |
Submission - draft determination - Educational Services (Teachers) Award 2010 |
26/10/2015 |
Restaurant & Catering Australia |
Submission - draft determination - Restaurant Industry and Hospitality Industry (General) awards |
26/10/2015 |
Australian Hotels Association |
26/10/2015 | |
National Farmers' Federation |
Submission - draft determinations - Horticulture, Pastoral and Wine industry awards |
26/10/2015 |
Australian Mines and Metals Association and Maritime Industry Australia |
26/10/2015 | |
Group of Eight Universities |
26/10/2015 | |
Australian Mines and Metals Association |
26/10/2015 | |
Independent Education Union |
Submission - draft determination - Educational Services (Teachers) Award 2010 |
26/10/2015 |
Australian Salaried Medical Officers' Federation |
Submission - draft determination - Medical Practitioners Award 2010 |
26/10/2015 |
Australian Business Industrial and NSW Business Chamber |
Submission - draft determination - Clerks—Private Sector Award 2010 and others |
27/10/2015 |
Australian Chamber of Commerce and Industry |
29/10/2015 | |
Health Services Union |
02/11/2015 | |
Coal Mining Industry Employer Group |
Submissions in reply - Black Coal Mining Industry Award 2010 |
11/11/2015 |
The Australian Workers' Union |
11/11/2015 | |
CFMEU - Construction and General Division |
Submissions in reply - Building and Construction General On-site Award 2010 and others |
11/11/2015 |
CFMEU - Mining and Energy Division |
Submissions in reply - Black Coal Mining Industry Award 2010 |
11/11/2015 |
Australian Industry Group |
11/11/2015 | |
AMWU - Vehicle Division |
Submissions in reply - Vehicle Manufacturing, Repair, Services and Retail Award 2010 |
13/11/2015 |
AMWU |
13/11/2015 | |
APESMA - Collieries' Staff Division |
13/11/2015 | |
Textile, Clothing and Footwear Union of Australia |
13/11/2015 | |
MSS Security |
23/11/2015 | |
Allianz - Global Assistance |
30/11/2015 | |
Australian Industry Group |
Submission - draft determination - Waste Management Award 2010 |
30/11/2015 |
Waste Contractors and Recyclers Association of NSW |
Submission - draft determination - Waste Management Award 2010 |
01/12/2015 |
Allianz - Global Assistance |
02/12/2015 | |
Australian Services Union |
03/12/2015 |
ATTACHMENT B—LIST OF AWARDS WITH NO SUBMISSIONS RECEIVED TO 3 DECEMBER 2015
Award code |
Award title |
Air Pilots Award 2010 | |
Aircraft Cabin Crew Award 2010 | |
Airline Operations—Ground Staff Award 2010 | |
Airport Employees Award 2010 | |
Alpine Resorts Award 2010 | |
Aluminium Industry Award 2010 | |
Amusement, Events and Recreation Award 2010 | |
Animal Care and Veterinary Services Award 2010 | |
Aquaculture Industry Award 2010 | |
Architects Award 2010 | |
Asphalt Industry Award 2010 | |
Book Industry Award 2010 | |
Broadcasting and Recorded Entertainment Award 2010 | |
Business Equipment Award 2010 | |
Car Parking Award 2010 | |
Cement and Lime Award 2010 | |
Cemetery Industry Award 2010 | |
Children’s Services Award 2010 | |
Cleaning Services Award 2010 | |
Coal Export Terminals Award 2010 | |
Commercial Sales Award 2010 | |
Concrete Products Award 2010 | |
Contract Call Centre Award 2010 | |
Corrections and Detention (Private Sector) Award 2010 | |
Cotton Ginning Award 2010 | |
Educational Services (Post-Secondary Education) Award 2010 | |
Educational Services (Schools) General Staff Award 2010 | |
Electrical Power Industry Award 2010 | |
Electrical, Electronic and Communications Contracting Award 2010 | |
Fast Food Industry Award 2010 | |
Fire Fighting Industry Award 2010 | |
Fitness Industry Award 2010 | |
Food, Beverage and Tobacco Manufacturing Award 2010 | |
Funeral Industry Award 2010 | |
Gardening and Landscaping Services Award 2010 | |
Gas Industry Award 2010 | |
General Retail Industry Award 2010 | |
Graphic Arts, Printing and Publishing Award 2010 | |
Hair and Beauty Industry Award 2010 | |
Horse and Greyhound Training Award 2010 | |
Hydrocarbons Field Geologists Award 2010 | |
Joinery and Building Trades Award 2010 | |
Journalists Published Media Award 2010 | |
Labour Market Assistance Industry Award 2010 | |
Legal Services Award 2010 | |
Live Performance Award 2010 | |
Local Government Industry Award 2010 | |
Mannequins and Models Award 2010 | |
Manufacturing and Associated Industries and Occupations Award 2010 | |
Marine Tourism and Charter Vessels Award 2010 | |
Market and Social Research Award 2010 | |
Meat Industry Award 2010 | |
Miscellaneous Award 2010 | |
Mobile Crane Hiring Award 2010 | |
Nursery Award 2010 | |
Pest Control Industry Award 2010 | |
Pharmaceutical Industry Award 2010 | |
Plumbing and Fire Sprinklers Contracting Award 2010 | |
Port Authorities Award 2010 | |
Poultry Processing Award 2010 | |
Premixed Concrete Award 2010 | |
Professional Diving Industry (Recreational) Award 2010 | |
Professional Employees Award 2010 | |
Quarrying Award 2010 | |
Racing Clubs Events Award 2010 | |
Racing Industry Ground Maintenance Award 2010 | |
Rail Industry Award 2010 | |
Real Estate Industry Award 2010 | |
Road Transport (Long Distance Operations) Award 2010 | |
Road Transport and Distribution Award 2010 | |
Seafood Processing Award 2010 | |
Security Services Industry Award 2010 | |
Silviculture Award 2010 | |
Sporting Organisations Award 2010 | |
State Government Agencies Administration Award 2010 | |
Stevedoring Industry Award 2010 | |
Storage Services and Wholesale Award 2010 | |
Sugar Industry Award 2010 | |
Supported Employment Services Award 2010 | |
Surveying Award 2010 | |
Telecommunications Services Award 2010 | |
Timber Industry Award 2010 | |
Transport (Cash in Transit) Award 2010 | |
Travelling Shows Award 2010 | |
Vehicle Manufacturing, Repair, Services and Retail Award 2010 | |
Water Industry Award 2010 | |
Wool Storage, Sampling and Testing Award 2010 |
ATTACHMENT C—PROPOSED SCHEDULE FOR HEARING
This matter is listed before the Full Bench on 9.30 am on Tuesday 8 December 2015
The submissions will be dealt with in accordance with the following schedule:
Time |
Group/Awards |
9.30 am |
General submission by Ai Group |
Submission by ABI re Clerks—Private Sector Award 2010 | |
Not before |
|
10.30 am |
Hospitality group |
Hospitality Industry (General) Award 2010 | |
Registered and Licensed Clubs Award 2010 | |
Restaurant Industry Award 2010 | |
Agriculture group | |
Horticulture Award 2010 | |
Pastoral Award 2010 | |
Wine Industry Award 2010 | |
11.00 am |
Passenger Vehicle Transportation Award 2010 |
Not before |
|
11.30 am |
Black Coal Mining Industry Award 2010 |
Resources group | |
Hydrocarbons Industry (Upstream) Award 2010 | |
Mining Industry Award 2010 | |
Oil Refining and Manufacturing Award 2010 | |
Salt Industry Award 2010 | |
Not before |
|
2.00 pm |
Health group |
Medical Practitioners Award 2010 | |
Aboriginal Community Controlled Health Services Award 2010 | |
Aged Care Award 2010 | |
Ambulance and Patient Transport Industry Award 2010 | |
Health Professionals and Support Services Award 2010 | |
Nurses Award 2010 | |
Pharmacy Industry Award 2010 | |
Social, Community, Home Care and Disability Services Industry Award 2010 |
1 Ai Group submission, 30 November 2015.
2 Waste Contractors and Recyclers Association of NSW, submission 1 December 2015.
Printed by authority of the Commonwealth Government Printer
<Price code C, PR574723>