STATEMENT AND DIRECTIONS

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

4 yearly review of modern awards – Plain language re-drafting – reasonable overtime
(AM2016/15)

4 yearly review of modern awards – plain language re-drafting – reasonable overtime model term

[1] On 29 October 2018 the Full Bench issued a Decision [2018] FWCFB 6680 determining a reasonable overtime model term and foreshadowed that draft determinations would be published for the 12 awards at Attachment A to that decision.

[2] At [25] of that decision we stated:

‘[25] Draft variation determinations will now be published. Our provisional view will only be displaced in respect of any particular award if it is demonstrated that there are matters or circumstances particular to that award which compel the conclusion that the achievement of the modern award objective for that award does not necessitate the variation of the award to insert the model term. One such matter may be the interaction between the model term and other provisions in that award.’ 1

[3] We foreshadowed that any tailoring of award-specific clauses would be addressed after the publication of draft determinations.

[4] A schedule of the draft determinations has been published on the Commission’s website.

[5] Any party proposing a variation to the draft determination should file submissions by 4.00 pm, Wednesday 28 November 2018.

[6] Submissions in reply are to be filed by 4.00 pm, Wednesday 5 December 2018.

[7] All material should be send to amod@fwc.gov.au.

[8] This matter will be determined on the papers unless any party requests an oral hearing by 28 November 2018.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2018] FWCFB 6680 at [25].