[2015] FWCFB 8979

FAIR WORK COMMISSION

STATEMENT

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

Vehicle Manufacturing, Repair, Services and Retail Award 2010
(AM2014/93)

VICE PRESIDENT HATCHER
SENIOR DEPUTY PRESIDENT O’CALLAGHAN
COMMISSIONER CRIBB

SYDNEY, 24 DECEMBER 2015

Vehicle Manufacturing, Repair, Services and Retail Award 2010.

[1] On 2 November 2015 we issued a Statement 1 in respect of the Vehicle Manufacturing, Repair, Services and Retail Award 20102 (VMRSR Award) in which we indicated among other things that:

(1) we had formed the provisional view that the vehicle manufacturing sector should be removed from the VMRSR Award and placed within the Manufacturing and Associated Industries and Occupations Award 2010 3 (Manufacturing Award);

(2) we would issue new exposure drafts of the VMRSR Award and the Manufacturing Award in a form consistent with this provisional view;

(3) once the new exposure drafts were published, we would issue directions pursuant to which interested parties would have the opportunity to make submissions concerning the exposure drafts; and

(4) if the submissions indicated there were significant issues with the exposure drafts, we would conduct a further hearing.

[2] Since that Statement was issued, the Commission has received correspondence from the Victorian Automobile Chamber of Commerce and the Motor Trades Associations of New South Wales, South Australia and Western Australia, and the Australian Manufacturing Workers’ Union, requesting that the matter be relisted prior to the issue of the new exposure drafts for a further hearing. This request was based on a concern that the parties had not been afforded the opportunity to address, as a threshold issue, the provisional view expressed in the Statement of 2 November 2015.

[3] The concern so expressed is misplaced because the Statement clearly contemplated that the parties would have an opportunity to advance submissions challenging the provisional view that we have formed and advocating for a maintenance of the status quo or for some other course to be taken. Accordingly we do not intend to relist the matter prior to the issue of the new exposure drafts. We consider that any consideration of the appropriate course to be taken will proceed more expeditiously and on a better informed basis if the parties have available to them the new exposure drafts at the time they make submissions. That will, for example, enable them to identify any detriments to employers or employees which may result if the provisional view were to be implemented.

[4] However because the correspondence referred to clearly foreshadows that there will be significant opposition to the adoption of the provisional view, we consider that it will be necessary to conduct a further hearing in the matter. That hearing will occur on 19 and 20 April 2016 in Melbourne.

[5] On an indicative basis only, the program for the matter will broadly be as follows:

(1) End of January 2016: issue of exposure of drafts.

(2) Mid-March 2016: parties to file evidence and submissions.

(3) First week of April 2016: parties to file any evidence and submissions in reply.

[6] Formal directions and the notice of listing for the hearing will be issued at the same time as the new exposure drafts are issued.

scription: Seal of the Fair Work Commission with the memeber's signature.

VICE PRESIDENT

1 [2015] FWCFB 7275

2 MA000089

3 MA000010

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