[2018] FWCFB 3258
The attached document [2018] FWCFB 3258 replaces the document previously issued with the above code on 13 June 2018.
Deleting the word “and” and the matter number “AM2014/227” from the preamble of the Statement.
Deleting “– Fitness Industry Award 2010” from the subject line below the date of the Statement.
Associate to Justice Ross
Dated 15 June 2018
| [2018] FWCFB 3258 |
| 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, 13 JUNE 2018 |
4 yearly review of modern awards – plain language re-drafting – standard clauses.
[1] Section 156(2)(a) of the Fair Work Act 2009 (Cth) (the Act) requires the Commission to review all modern awards every four years (the Review). This Full Bench was constituted to oversee a number of plain language projects as part of the Review including re-drafting modern award clauses which have been identified as ‘standard clauses’. 1
[2] Decisions were issued on 28 August 2017 2 and 18 October 20173 (the October 2017 decision). On 13 June 2018 we issued further a Decision4 which primarily concerned standard clause E, Termination of employment.
[3] This Statement sets out the next steps in respect of Standard clause G, Transfer to lower paid job on redundancy.
[4] The terms of clause G were finalised in the October 2017 decision. The October 2017 decision did not address the title of clause G. During a series of conferences held before Commissioner Hunt discussion took place regarding the use of the word ‘job’ in the clause title rather than ‘duties’. As a result of discussion in the January conference 5 the word ‘job’ was changed to ‘duties’ in clause G.1 to reflect the wording of the equivalent provision in current modern awards. We have formed the provisional view that the clause title should reflect the terminology used in the body of the clause and we have decided to update the clause title of clause G as follows:
‘G—Transfer to lower paid job duties on redundancy’
[5] Interested parties are invited to make final submissions on the provisional view relating to the title of Clause G.
Next steps
1. Interested parties are to file submissions in relation to the item identified at paragraph [5] of this Statement by 4pm, Monday 25 June 2018.
2. All submissions are to be sent to amod@fwc.gov.au.
3. In the absence of a request for an oral hearing, the matter will be determined on the papers. Requests for an oral hearing are to be directed to chambers.ross.j@fwc.gov.au by no later than 4pm Monday 25 June 2018.
4. Liberty to apply.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR607811>
3 [2017] FWCFB 5258 at [258].
5 Transcript of 23 January 2017.