[2017] FWC 2646
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Penalty rates
(AM2014/305)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 12 MAY 2017

4 yearly review of modern awards – penalty rates – Saturday penalty rate – late night penalty – General Retail Industry Award 2010.

[1] Directions were issued on 6 April 2017 directing the Shop, Distributive and Allied Employees’ Association (SDA) to file an outline of submissions by 4 May 2017 in respect of the late night penalty and the Saturday penalty rate for casual employees in the General Retail Industry Award 2010. On 4 May 2017, the SDA wrote the Fair Work Commission requesting the Directions be vacated 1 as they intend to seek judicial review of any determinations arising from the Penalty Rates decision.2

[2] Fair Work Commission staff contacted the employer parties and sought their views on the SDA’s proposal. The Australian Retailers’ Association 3 and Australian Business Industrial4 confirmed that they had no objection to the Directions being vacated.

[3] Accordingly, the Directions issued 6 April 2017 are vacated and the mention on 16 May 2017 has been cancelled.

PRESIDENT

 1   SDA correspondence of 4 May 2017

 2   SDA submission of 4 May 2017

 3   ARA correspondence of 11 May 2017

 4   ABI correspondence of 11 May 2017

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