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

4 yearly review of modern awards - common issue - award flexibility - time off instead of payment for overtime.

1. Introduction

[1] This Statement finalises the directions in relation to seven awards which have been the subject of award specific submissions opposing the variation of an award to insert the model time off instead of overtime (TOIL) term. Draft directions were attached to a Statement 1 issued on 14 September 2016 and interested parties were given until 4pm Wednesday 21 September 2016 to comment on those draft directions. No comments were received and the directions below are consistent with the draft directions previously published.

2. Directions

[2] Draft variation determinations in respect of the following awards have been published on the Commission website:

(i) Broadcasting and Entertainment Award 2010;
(ii) Social, Community, Home Care and Disability Services Award 2010; and
(iii) Clerks-Private Sector Award 2010

[3] Interested parties will have until 4pm Wednesday 19 October 2016 to comment on the terms of the draft variation determinations and the Full Bench’s provisionally expressed view that these awards be varied to insert the model TOIL term. Following this consultation process the Full Bench will make a decision on the final form of the determinations varying these awards on the basis of the material filed without a further hearing.

[4] A draft variation determination in respect of the Medical Practitioners Award 2010 has been published on the Commission website reflecting the Full Bench’s decision at paragraph [17] of its Statement of 14 September 2016. Interested parties will have until 4pm Wednesday 19 October 2016 to comment on the terms of the draft variation determination. Following this consultation process the Full Bench will make a decision on the final form of the determination varying this award on the basis of the material filed without a further hearing.

[5] In relation to the Journalists and Published Media Award 2010, the Pastoral Award 2010 and the Horticulture Award 2010

(i) those opposed to the variation of these awards to insert the model TOIL term are to file further submissions and evidence in support of their position by 4pm Wednesday 26 October 2016.

(ii) Any submission and evidence in reply is to be filed by 4pm Wednesday 16 November 2016.

(iii) A hearing in respect of these awards will take place at 9:30am on Monday 5 December 2016 in Sydney. Any requests for video links should be made to chambers.ross.j@fwc.gov.au by close of business on Wednesday, 30 November 2016.

[6] Liberty to apply is granted generally.

[7] All material should be sent to amod@fwc.gov.au

PRESIDENT

 1   [2016] FWCFB 6591

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