[2018] FWCFB 6863


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Family Friendly Work Arrangements



4 yearly review of modern awards – family friendly work arrangements common issue – requests for flexible working arrangements model term.

[1] This decision finalises the model term for requests for flexible working arrangements. The model term will be inserted into all modern awards as part of the 4 yearly review of modern awards (the Review).

[2] The model term was published in a decision issued on 25 September 2018 (the September 2018 decision)1 We expressed the provisional view that all modern awards should be varied to include the model term. This provisional view would only be displaced in respect of any particular award if it was demonstrated that matters or circumstances particular to that award exist which compel the conclusion that the achievement of the modern awards objective for that award does not necessitate the inclusion of the model term.2

[3] In accordance with the September 2018 decision, 122 draft determinations were published on 25 October 2018 to give effect to our provisional view. 3 Minor formatting and technical amendments were made in order to make the clause consistent with modern award styles.4 The reformatted model term is also set out at Attachment A to this decision. Parties were provided 14 days from the date of publication of draft determinations to comment on the determinations as to whether any award-specific issues were being pressed.5

[4] We received submissions from the following organisations:

  The Pharmacy Guild of Australia (the Guild)

  CFMMEU – Maritime Union of Australia Division (the MUA)

[5] The CFMMEU supports the Full Bench making determinations in the terms published on 25 October 2018 in relation to each of the following awards;

1. Dredging Industry Award 2010;

2. Marine Tourism and Charter Vessels Award 2010;

3. Marine Towage Award 2010;

4. Maritime Offshore Oil and Gas Award 2010;

5. Port Authorities Award 2010;

6. Ports, Harbours and Enclosed Water Vessels Award 2010;

7. Professional Diving Industry (Industrial) Award 2010;

8. Professional Diving Industry (Recreational) Award 2010;

9. Seagoing Industry Award 2010; and

10. Stevedoring Industry Award 2010

[6] The Guild does not oppose the draft determination inclusion in the Pharmacy Industry Award 2010.

[7] We received no further submissions.

[8] We confirm our provisional view and will vary all modern awards to include the model term. The clause will come into effect on 1 December 2018. Determinations to give effect to this will be published shortly.


Final written submissions:

Pharmacy Guild, 8 November 2018

CFMMEU, 8 November 2018

Printed by authority of the Commonwealth Government Printer


Attachment A

XA. Requests for flexible working arrangements

XA.1 Employee may request change in working arrangements

XA.2 Responding to the request

XA.3 What the written response must include if the employer refuses the request

XA.4 What the written response must include if a different change in working arrangements is agreed

XA.5 Dispute resolution

 1   [2018] FWCFB 5753 at para 64

 2   [2018] FWCFB 5753 at para 87

 3   Schedule of draft determinations

 4   Schedule of draft determinations

 5   [2018] FWCFB 5753 at 89