| [2018] FWC 6091 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – plain language re-drafting – standard clauses
(AM2016/15)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 1 OCTOBER 2018 |
4 yearly review of modern awards – plain language re-drafting – standard clauses.
[1] In a Decision issued on 14 August 2018 1 the Plain Language Full Bench expressed the provisional view that all modern awards should be varied to replace existing standard modern award terms with the plain language standard clauses:
A. Award flexibility
B. Consultation about major workplace change
C. Consultation about changes to rosters or hours of work
D. Dispute resolution
E. Termination of employment
F. Redundancy
G. Transfer to lower paid job on redundancy
H. Employee leaving during the redundancy notice period.
[2] Draft determinations were published on 24 August 2018. 2 Interested parties were invited to make submissions about whether any of the industry specific elements of these terms should be retained.
[3] A Schedule with links to draft determinations for 108 awards to be varied was published on the Commission’s website on 24 August 2018 3. In response to correspondence from the Australian Council of Trade Unions (ACTU)4 the Commission corrected a drafting error in the Decision issued on 14 August 2018 and replaced Attachment A clause G—Transfer to lower paid duties on redundancy with updated wording at clause G.1, to reflect the wording as it appeared in the Decision finalising the clause issued on 18 October 2017.5 A revised Schedule noting the change to clause G.1 was published on 7 September 2018. Clause G.1 now reads as follows:
‘G.1 Clause G applies if, because of redundancy an employee is transferred to new duties to which a lower ordinary rate of pay is applicable.’
[4] A draft determination for the Road Transport (Long Distance Operations) Award 2010 was inadvertently not included in the published Schedule; therefore, a draft determination was not published for comment. A draft determination will be published today and parties will have the opportunity to comment. Submissions must be made by 4.00 pm, Friday 12 October 2018.
[5] Submissions were received in relation to the awards above. Any typographical errors raised in the submissions have been noted and will be corrected.
[6] Additionally, submissions opposing the insertion of certain model terms were received in relation to the following awards:
• Real Estate Industry Award 2010;
• Textile, Clothing, Footwear and Associated Industries Award 2010;
• Dry Cleaning and Laundry Industry Award 2010;
• Timber Industry Award 2010; and
• Manufacturing and Associated Industries and Occupations Award 2010.
[7] In a Statement issued on 24 August 2018, the Full Bench identified a number of awards that appeared to have award specific issues requiring further consideration before a draft determination could be issued. 6 The awards are:
• Air Pilots Award 2010;
• Animal Care and Veterinary Services Award 2010;
• Architects Award 2010;
• Black Coal Mining Industry Award 2010;
• Dredging Industry Award 2010;
• Educational Services (Teachers) Award 2010;
• Mannequins and Models Award 2010.
• Marine Towage Award 2010; and
• Professional Employees Award 2010.
[8] Submissions were also sought in relation to clause 11.3 of the Animal Care and Veterinary Services Award 2010 and clause 12.2 of the Professional Employees Award 2010 which may be inconsistent with the NES.
[9] The industry specific redundancy schemes in the Building and Construction General On-site Award 2010, the Joinery and Building Trades Award 2010, the Mobile Crane Hiring Award 2010 and the Plumbing and Fire Sprinklers Award 2010 are currently being considered by a separate Full Bench in AM2016/23. 7 Draft determinations for the standard clauses will be issued after that matter has concluded.
[10] The Full Bench will issue a decision in relation to those submissions received in due course. The modern awards mentioned in paragraphs [4], [6], [7] and [8] will be dealt with in that decision. All of the other modern awards, 103 in total, will now be varied to replace existing terms with the plain language standard clauses. Those awards are listed at Attachment A. Final variation determinations will be issued and will take effect on 1 November 2018.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR700939>
ATTACHMENT A
Aboriginal Community Controlled Health Services Award 2010
Aged Care Award 2010
Airline Operations-Ground Staff Award 2010
Aircraft Cabin Crew Award 2010
Airport Employees Award 2010
Alpine Resorts Award 2010
Aluminium Industry Award 2010
Ambulance and Patient Transport Industry Award 2010
Amusement, Events and Recreation Award 2010
Aquaculture Industry Award 2010
Asphalt Industry Award 2010
Banking, Finance and Insurance Award 2010
Book Industry Award 2010
Broadcasting, Recorded Entertainment and Cinemas Award 2010
Business Equipment Award 2010
Car Parking Award 2010
Cement and Lime Award 2010
Cemetery Industry Award 2010
Children's Services Award 2010
Cleaning Services Award 2010
Clerks—Private Sector Award 2010
Coal Export Terminals Award 2010
Commercial Sales Award 2010
Concrete Products Award 2010
Contract Call Centres Award 2010
Corrections and Detention (Private Sector) Award 2010
Cotton Ginning Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Schools) General Staff Award 2010
Electrical Power Industry Award 2010
Electrical, Electronic and Communications Contracting Award 2010
Fast Food Industry Award 2010
Fire Fighting Industry Award 2010
Fitness Industry Award 2010
Food, Beverage and Tobacco Manufacturing Award 2010
Funeral Industry Award 2010
Gardening and Landscaping Services Award 2010
Gas Industry Award 2010
General Retail Industry Award 2010
Graphic Arts, Printing and Publishing Award 2010
Hair and Beauty Industry Award 2010
Health Professionals and Support Services Award 2010
Higher Education Industry-Academic Staff-Award 2010
Higher Education Industry-General Staff-Award 2010
Horse and Greyhound Training Award 2010
Horticulture Award 2010
Hospitality Industry (General) Award 2010
Hydrocarbons Field Geologists Award 2010
Hydrocarbons Industry (Upstream) Award 2010
Journalists Published Media Award 2010
Labour Market Assistance Industry Award 2010
Legal Services Award 2010
Live Performance Award 2010
Local Government Industry Award 2010
Marine Tourism and Charter Vessels Award 2010
Maritime Offshore Oil and Gas Award 2010
Market and Social Research Award 2010
Meat Industry Award 2010
Medical Practitioners Award 2010
Mining Industry Award 2010
Miscellaneous Award 2010
Nursery Award 2010
Nurses Award 2010
Oil Refining and Manufacturing Award 2010
Passenger Vehicle Transportation Award 2010
Pastoral Award 2010
Pest Control Industry Award 2010
Pharmaceutical Industry Award 2010
Pharmacy Industry Award 2010
Port Authorities Award 2010
Ports, Harbours and Enclosed Water Vessels Award 2010
Poultry Processing Award 2010
Premixed Concrete Award 2010
Professional Diving Industry (Industrial) Award 2010
Professional Diving Industry (Recreational) Award 2010
Quarrying Award 2010
Racing Clubs Events Award 2010
Racing Industry Ground Maintenance Award 2010
Rail Industry Award 2010
Registered and Licensed Clubs Award 2010
Restaurant Industry Award 2010
Road Transport and Distribution Award 2010
Salt Industry Award 2010
Seafood Processing Award 2010
Seagoing Industry Award 2010
Security Services Industry Award 2010
Silviculture Award 2010
Social, Community, Home Care and Disability Services Industry Award 2010
Sporting Organisations Award 2010
State Government Agencies Award 2010
Stevedoring Industry Award 2010
Storage Services and Wholesale Award 2010
Sugar Industry Award 2010
Supported Employment Services Award 2010
Surveying Award 2010
Telecommunications Services Award 2010
Transport (Cash in Transit) Award 2010
Travelling Shows Award 2010
Vehicle Manufacturing, Repair, Services and Retail Award 2010
Waste Management Award 2010
Water Industry Award 2010
Wine Industry Award 2010
Wool Storage, Sampling and Testing Award 2010
2 Schedule of draft determinations - standard clauses, 24 August 2018
3 Schedule of draft determinations, 24 August 2018
4 ACTU correspondence, 5 September 2018
5 [2017] FWCFB 5258 at [257]
6 [2018] FWC 4976 at [10]-[13]
7 Memorandum - construction awards, 22 August 2016.