[2016] FWC 1972


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Award stage
(AM2014/260, AM2014/274, AM2014/278 and AM2014/280)



4-yearly review – Sub-group 4C construction awards.


[1] In a 24 February 2016 Statement by Justice Ross, claims to vary the provisions of the Building and Construction General On-site Award 2010 (On-Site Award), the Plumbing and Fire Sprinklers Award 2010 (Plumbing Award), the Joinery and Building Trades Award 2010 (Joinery Award) and the Mobile Crane Hiring Award 2010 (Mobile Crane Award) (collectively the Construction awards) were referred to me in order to:

[2] In directions of 26 February 2016, attending a notice of listing of a Preliminary Conference to commence the process directed to those outcomes, interested parties were directed to, in respect of the 24 February 2016 Revised - Summary of proposed variations - Group 3 and 4 awards to:

[3] Reflecting responses to that direction, a Revised - Summary of proposed variations - Construction awards was published on the Construction awards’ 4 yearly review web-page on 23 March 2016.

Preliminary Conference of 30 March 2016

[4] A Preliminary Conference of interested parties was held on 30 March 2016 to establish a program of conferences directed to achieving the purposes of the Conference set out by Justice Ross and, as far as possible, commencing that process in a substantive way.

Matters arising from the Preliminary Conference:

1. Further changes to the 23 March 2016 Revised – Summary of proposed variations – Construction awards:

2. For purpose of scheduling further conferences, the claims have been grouped as follows:

On-Site Award – Items 17–18 (HIA), 19 (CCF), 20–23 (MBA) and 20A (Barrett)

Joinery Award – (less than five employees) Item 5 (MBA)

Plumbing Award Items 2, 13 and 14 (an individual), 10 (MGP), 11 (MPMCA), 12 (FPAA) and 15 (Hall Baum Group)

On-Site Award – Items 1 (HIA) and 2 (MBA)

Joinery Award – Items 1 (HIA) and 2 (MBA)

On-Site Award – Items 24 (MBA) and 25 (CCF)

Plumbing Award – Item 18 (MPG)

On-Site Award – Item 121 (CFMEU)

Joinery Award – Item 8 (CFMEU)

Mobile Crane Award – Item 1 (CFMEU)

On-Site Award – Items 151 (HIA), 152 (CCF) and 153–154 (MBA)

Joinery Award – Items 10 and 11 (MBA)

AIG in Joinery Award (Item 3).

This claim is also brought by AIG in respect of the Contract Call Centres Award 2010 (Sub-group 3A); the Telecommunications Services Award 2010 (Sub-group 3A) and the Electrical, Electronic and Communications Contracting Award 2010 (Sub-group 4A).

This claim was referred by the President in [2016] FWC 1191 at paragraphs [18] and [19] to same Full Bench constituted to deal with SDA (Sub-group 4F) claims referred to in paragraph [16] of the President’s statement.

Aside from more general proposals in relation to employment types in Items 9–12 in the On-Site Award, Mr J Broomhead has sought a number of variations to the On-Site Award in relation to traffic controllers (Allowance clauses for traffic controllers in Items 69–70, 75, 77, 80 and 87, Rosters in Item 166 and Classifications in Items 174–177). In AM2014/195, the Traffic Management Association of Australia has to make a new modern award to cover traffic controllers employed in the traffic management industry, which would potentially impact on the On-Site Award (and the Asphalt Industry Award 2010, the On-site Award and the Security Services Industry Award 2010). In light of that application, Items 69–70, 75, 77, 80, 87, 166 and 174–177 will await the finalisation of the application in AM2014/195.

Numerous claims have been advanced in respect of allowances in the On-Site Award in the context of the broader pursuit of a rationalisation of exiting allowance provisions. These matters will be dealt with as a discrete group of claims in the conciliation process.

The allowance claims are found in the Summary in relation to the On-Site Award as Items 35–146 (other than Item 121 in 2(a)(iv) and Items 69–70, 75, 77, 80, 87 in 2(b)(ii)).

(f) Other claims in the Plumbing Award

3. Potential Overlap with technical issues/matters arising from Exposure Drafts for the Construction awards

4. Program of Conferences

As a result of the technical issues/Exposure Draft process, it is desirable that conciliation in relation to the larger number of “other claims” in the On-Site Award occur after interested parties have had an opportunity to consider the Exposure Draft when published in April 2016. It is also desirable that the interested parties, having considered the Exposure Draft advise the Fair Work Commission and each other if any of the “other issues” in the Summary of proposed variations can be removed from the list of outstanding items on the basis that they have either been resolved or are more appropriately dealt with in the context of the Exposure Draft process. This advice should be provided by Tuesday, 31 May 2016 and interested parties should confer in relation to the impact of the Exposure Draft on other claims before the Conference.

The dates of Wednesday 8, Thursday 9, Wednesday 15 and Thursday, 16 June 2016 will be reserved for further Conferences if required, with a view to providing a Report to the President and posting on the web-site a final Summary of proposed variations in respect of the Construction awards by the end of June 2016.

It is noted that interested parties are conferring in relation to claims in the Construction awards prior to conferences. The withdrawal or modification of any claims arising from such discussions should be advised to me as soon as possible before the conciliation Conferences scheduled for publication on the Construction awards’ 4 yearly review web-page.


 1   [2016] FWC 1191, at para 13.

 2   Transcript of Preliminary Conference, at para 152.

 3   [2016] FWC 1838.

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