[2016] FWCFB 1153

FAIR WORK COMMISSION

STATEMENT

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

4 yearly review of modern awards – Casual Employment and Part-time Employment
(AM2014/196 and AM2014/197)

VICE PRESIDENT HATCHER
SENIOR DEPUTY PRESIDENT HAMBERGER
DEPUTY PRESIDENT KOVACIC
DEPUTY PRESIDENT BULL
COMMISSIONER ROE

SYDNEY, 22 FEBRUARY 2016

[1] Attached is a draft of a program for the hearing of the matters before the Full Bench in the dates 14-18 March, 21-24 March and 15-19 August 2016. All parties are directed to give consideration to the draft program and confer in relation to it.

[2] The parties are invited at the mention/directions hearing before Vice President Hatcher on Monday 29 February 2016 to give their response to the draft program and to propose any variations to the draft program or any alternate program.

[3] Any varied or alternate program advanced by the parties shall be considered by the Commission subject to the following conditions:

(1) All matters must be dealt with in the hearing dates identified.

(2) The issues identified in parts 7B and 8 of the attached draft program must be heard in the week beginning 15 August 2016.

[4] Any written proposal for variations to the draft program or for an alternate program shall be filed on or before 4.00pm Friday 26 February 2016.

[5] Any proposal for variations to the draft program or for an alternate program will be more favourably considered if agreed to by all parties or a substantial proportion of them.

[6] The location of the hearing will generally be in Sydney with video-links as required. However if the parties consider that on any day or block of days it would be more convenient to sit in Melbourne because of the location of witnesses, they may raise that at the mention/directions hearing before Vice President Hatcher on Monday 29 February 2016.

[7] In relation to the following matters, the time for filing evidence and submissions in reply is extended to 5.00pm Friday 29 April 2016:

Party	Award	Determination
St Ives Group	● Aged Care Award 2010 ● Nurses Award 2010 ● Social, Community, Home Care and Disability Services Industry Award 2010	Draft determinations
Australian Business Industrial and NSW Business Chamber Ltd	● Social, Community, Home Care and Disability Services Award	Draft determination

al of the Fair Work Commission with the memeber's signature.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

AM2014/196 – PART TIME EMPLOYMENT FULL BENCH

AM2014/197 – CASUAL EMPLOYMENT FULL BENCH

DRAFT PROGRAM FOR HEARING

1. GENERAL OPENING SUBMISSIONS (if any): 10.00am Monday 14 March 2016

2. CASUAL CONVERSION: Not before 10.00 am Monday 14 March 2016

Applicant	Award	Determination
Australian Council of Trade Unions	Various awards – see www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014196-197-corr-attchB-ACTU-170715.pdf	Draft determinations - multiple awards and amended list of affected awards
Australian Manufacturing Workers’ Union (AMWU)	● Manufacturing and Associated Industries and Occupations 2010 ● Graphic Arts, Printing and Publishing Award 2010 ● Food, Beverage and Tobacco Manufacturing Award 2010 ● Vehicle Manufacturing, Repair, Services and Retail Award 2010	Draft determinations Draft determination (Page 22)
Rail Tram and Bus Union	● Rail Industry Award 2010	Draft Determination (Page 3)
Australian Industry Group	● Alpine Resorts Award 2010 ● Building and Construction General On-site Award 2010 ● Cement and Lime Award 2010 ● Concrete Products Award 2010 ● Cotton Ginning Award 2010 ● Electrical, Electronic and Communications Contracting Award 2010 ● Food, Beverage and Tobacco Manufacturing Award 2010 ● Graphic Arts, Printing and Publishing Award 2010 ● Joinery and Building Trades Award 2010 ● Manufacturing and Associated Industries and Occupations Award 2010 ● Mobile Crane Hiring Award 2010 ● Plumbing and Fire Sprinklers Award 2010 ● Quarrying Award 2010 ● Road Transport and Distribution Award 2010 ● Sugar Industry Award 2010 ● Textile, Clothing, Footwear and Associated Industries Award 2010 ● Timber Industry Award 2010 ● Transport (Cash in Transit) Award 2010 ● Vehicle Manufacturing, Repair, Services and Retail Award 2010 ● Waste Management Award 2010 ● Wine Industry Award 2010	Draft determination
Recruitment and Consulting Services Association	● Alpine Resorts Award 2010 [MA000092] ● Building and Construction General On-site Award 2010 [MA000020] ● Cement and Lime Award 2010 [MA000055] ● Concrete Products Award 2010 [MA000056] ● Electrical, Electronic and Communications Contracting Award 2010 [MA000025] ● Food, Beverage and Tobacco Manufacturing Award 2010 [MA000073] ● Graphic Arts, Printing and Publishing Award 2010 [MA000026] ● Joinery and Building Trades Award 2010 [MA000029] ● Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] ● Mobile Crane Hiring Award 2010 [MA000032] ● Plumbing and Fire Sprinklers Award 2010 [MA000036] ● Quarrying Award 2010 [MA000037] ● Road Transport and Distribution Award 2010 [MA000038] ● Sugar Industry Award 2010 [MA000087] ● Textile, Clothing, Footwear and Associated Industries Award 2010 [MA000017] ● Timber Industry Award 2010 [MA000071] ● Transport (Cash in Transit) Award 2010 [MA000042] ● Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089] ● Waste Management Award 2010 [MA000043] ● Wine Industry Award 2010 [MA000090]	Draft determination

3. CASUAL MINIMUM ENGAGEMENT: Not before 10.00am Thursday 17 March 2016

Party	Award	Determination
Australian Council of Trade Unions	Various awards – 61 - see www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014196-197-corr-attchB-ACTU-170715.pdf	Draft determinations - multiple awards and amended list of affected awards
Australian Manufacturing Workers’ Union	● Manufacturing and Associated Industries and Occupations 2010 ● Food, Beverage and Tobacco Manufacturing Award 2010 ● Vehicle Manufacturing, Repair, Services and Retail Award 2010	Draft determinations Draft determination (Page 21)
Rail Tram and Bus Union	● Rail Industry Award 2010	Draft Determination (Point 7)
Australian Industry Group	● Fast Food Industry Award 2010 ● Joinery and Building Trades Award 2010 ● Road Transport (Long Distance Operations) Award 2010	Draft determination
Pharmacy Industry Guild	● Pharmacy Industry Award 2010	Draft determination
South Australian Wine industry Association	● Wine Industry Award 2010	Draft determination
Housing Industry Association Ltd	● Joinery and Building Trades Award 2010	Draft determination
Master Builders Australia	● Joinery and Building Trades Award 2010	Submission/ Draft determination (Page 4)
National Farmers’ Federation	● Pastoral Award 2010	Draft determination
Transport Workers Union	● Passenger Vehicle Transportation Award 2010	Draft determination
Australian Public Transport Industrial Association	● Passenger Vehicle Transportation Award 2010	Draft determination p.1

4. DEFINITION OF CASUAL EMPLOYMENT AND CIRCUMSTANCES IN WHICH CASUALS MAY BE ENGAGED: Not before 10.00am Monday 21 March 2016

Party	Award	Determination
Australian Council of Trade Unions	Various awards – see www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014196-197-corr-attchB-ACTU-170715.pdf	Draft determinations - multiple awards and amended list of affected awards See ‘Other Claims’ in Submission
Rail Tram and Bus Union	● Rail Industry Award 2010	Draft determination (same as ACTU’s)
Australian Industry Group	● Black Coal Mining Industry Award 2010	Draft determination (Page 3)
Business SA	● Children’s Services Award 2010	Draft determination p.5

5. METHOD OF CALCULATING CASUAL HOURLY RATE: Not before 10.00am Tuesday 22 March 2016

Party	Award	Determination
Housing Industry Association¹	● Building and Construction General On-site Award 2010	Draft determination
Master Builders Australia¹	● Building and Construction General On-site Award 2010	Submission/draft determination (see Page 4)
*¹Note: matter noted in decision* [2016] FWCFB 6656 [111] *as being unresolved and referred to Part-time and Casual Employment Full Bench.*

6. PART-TIME MINIMUM ENGAGEMENT: Not before 11.00am Tuesday 22 March 2016

Party	Award	Determination
Australian Council of Trade Unions	Minimum engagement part-time: Various awards –www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014196-197-corr-attchB-ACTU-170715.pdf	Draft determinations
Rail, Tram and Bus Union	● Rail Industry Award 2010	Draft determination [6]
Australian Manufacturing Workers Union – Vehicle Division	● Vehicle Manufacturing, Repair, Services and Retail Award 2010	Draft determination (attachment 1, at [2])
United Voice	● Wine Industry Award 2010	Draft determination
Pharmacy Guild of Australia	● Pharmacy Industry Award 2010	Draft determination
Australian Ski Areas Association	● Alpine Resorts Award 2010	Draft determination
National Farmers’ Federation	● Pastoral Award 2010	Draft determination (includes variation to minimum engagement of casuals)

7A. PART-TIME HOURS OF WORK, CHANGES TO HOURS OF WORK, ROSTERS AND ENTITLEMENT TO OVERTIME: Not before Wednesday 23 March 2016

Party	Award	Determination
Australian Hotels Association	● Hospitality Industry (General) Award 2010	Amended draft determination (12/10/15) Draft determination (17/07/15)
Accommodation Association of Australia; Motor Inn, Motel and Accommodation Association	● Hospitality Industry (General) Award 2010	Draft determination (same as AHA)
Clubs Australia Industrial	● Registered and Licensed Clubs Award 2010	Submission (para 16/17)
MSS Security	● Security Services Industry Award 2010	Draft determination (see para 3 in relation to clause 10.4)
Business SA	● Nursery Award 2010 ● Banking, Finance and Insurance Industry Award 2010	Draft determinations
Australian Ski Areas Association	● Alpine Resorts Award 2010	Draft determination (page 3)
Restaurant & Catering	● Restaurant Industry Award 2010	Draft determination
Australian Manufacturing Workers’ Union	● Vehicle Manufacturing, Repair, Services and Retail Award 2010	Draft determination
United Voice	● Wine Industry Award 2010	Draft determination

7B. PART-TIME HOURS OF WORK, CHANGES TO HOURS OF WORK, ROSTERS AND ENTITLEMENT TO OVERTIME - NDIS AND RELATED ISSUES: 10.00 am Monday 15 August 2016

Party	Award	Determination
St Ives Group	● Aged Care Award 2010 ● Nurses Award 2010 ● Social, Community, Home Care and Disability Services Industry Award 2010	Draft determinations
Australian Business Industrial and NSW Business Chamber Ltd	● Social, Community, Home Care and Disability Services Award	Draft determination

8. CASUAL ENTITLEMENT TO OVERTIME PENALTIES: Not before 10.00am Wednesday 17 August 2016

Party	Award	Determination
Shop Distributive and Allied Employees Association	● Pharmacy Industry Award 2010 ● General Retail Industry Award 2010 ● Fast Food Industry Award 2010 ● Hair and Beauty Industry Award 2010	Draft determinations
United Voice	● Hospitality Industry (General) Award 2010	Draft determination
	● Registered and Licensed Clubs Award 2010	Draft determination
	● Restaurant Industry Award 2010	Draft determination
Jobs Australia	● Labour Market Assistance Industry Award 2010	Draft determination (Page 5)
The Australian Workers Union	● Alpine Resorts Award 2010	Draft determinations
The Australian Workers Union	● Horticulture Award 2010
Rail Tram and Bus Union¹	● Rail Industry Award 2010	Draft determination (17/07/15) Amended draft determination (19/10/15)

9. MISCELLANEOUS ISSUES: Not before 2.00pm Friday 19 August 2016

AM2014/197 – Casual Employment
Party	Award	Determination
Rest period after overtime
Australian Manufacturing Workers Union	● Manufacturing and Associated Industries and Occupations Award 2010 ● Food, Beverage and Tobacco Manufacturing Award 2010 ● Sugar Industry Award 2010 ● Oil Refining and Manufacturing Award 2010	Draft determinations
Notice period – extended casual teacher / Removal of daily rate of pay for casual teacher tutor/ instructor
Independent Education Union	● Educational Services (Post-Secondary Education) Award 2010	Draft determination