STATEMENT

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

4 yearly review of modern awards—Plain language re-drafting—National training wage
(AM2016/15; AM2016/17)

4 yearly review of modern awards – plain language re-drafting – National Training Wage Schedule – award specific schedules.

Introduction

[1] This statement concerns the inclusion of an award-specific National Training Wage Schedule (NTW Schedule) in nine awards.

Background

[2] In a Statement issued 6 July 2016 1 (the July 2016 Statement) the National Training Wage Full Bench proposed that the NTW Schedule would be:

•  standardised and removed from all awards except the Miscellaneous Award 2010, and

•  incorporated back into all other awards by reference to the Miscellaneous Award 2010.

[3] Parties were given the opportunity to make written submissions on the proposals outlined in the July 2016 Statement including any objections to the removal of the NTW Schedule from a particular modern award.²

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)³ and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)⁴ made submissions to maintain award-specific schedules in nine awards as follows:

•  Airline Operations—Ground Staff Award 2010 (AMWU);

•  Airport Employees Award 2010 (AMWU);

•  Building and Construction General On-site Award 2010 (AMWU & CFMMEU);

•  Food, Beverage and Tobacco Manufacturing Award 2010 (AMWU);

•  Joinery and Building Trades Award 2010 (CFMMEU);

•  Manufacturing and Associated Industries and Occupations Award 2010 (AMWU);

•  Mobile Crane Hiring Award 2010 (CFMMEU);

•  Sugar Industry Award 2010 (AMWU); and

•  Surveying Award 2010 (AMWU).⁵

[5] In a Statement issued 23 February 2017, 6 the Full Bench expressed a provisional view that where parties had requested that the NTW Schedule be tailored to a particular modern award, this would occur⁷ and in a Decision issued 9 June 2017,8 the Full Bench confirmed that award-specific schedules would be maintained in the abovementioned nine awards (noting that there is no current NTW Schedule in the Surveying Award 2010).⁹ The Decision determined that award-specific NTW Schedules would be dealt with after the finalisation of the NTW Schedule to be inserted into the Miscellaneous Award 2010.¹⁰

[6] A Decision issued on 15 August 2017 11 finalised the NTW Schedule to be inserted into the Miscellaneous Award 2010. The Determination inserting the NTW Schedule in the Miscellaneous Award 2010 was issued on 28 September 2017.

[7] On 28 August 2017, the Full Bench issued a Statement 12 (the August 2017 Statement) which annexed draft award specific NTW Schedules which were based on the unions’ drafts (although slightly amended to meet the plain language requirements of the term). The parties were asked to respond to a number of directions including whether any party opposed the inclusion of an award-specific NTW schedules.

Next steps

[8] These matters will be called on for a mention on 7 September 2018 at 10am. Parties should be prepared to address:

•  the Full Bench’s provisional view that award-specific schedules would be inserted in the nine awards;

•  any opposition to the award-specific schedules consistent with the direction in the August 2017 Statement; and

•  any next steps for progressing the matter.

[9] There are other issues, including the form of award specific schedules, which are dependent on this threshold issue. These issues will be considered following its determination on the inclusion of award-specific NTW Schedules.

PRESIDENT

 1   [2016] FWC 4495

2 [2016] FWC 4495 at [24]

3 Submission, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 29 July 2016 and Submission, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 5 December 2016

4 Submission, Construction, Forestry, Maritime, Mining and Energy Union, 28 July 2016 and Submission, Construction, Forestry, Mining and Energy Union, 9 December 2016

5 This award does not currently contain a NTW Schedule

 6   [2017] FWCFB 1095

7 Statement, [2017] FWCFB 1095, 23 February 2017, [8]

 8   [2017] FWCFB 3176

9 Decision, [2017] FWCFB 3176, 9 June 2017, [3]

10 Decision, [2017] FWCFB 3176, 9 June 2017, [15]

 11   [2017] FWCFB 4174

 12   [2017] FWCFB 4457

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