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

4 yearly review of modern awards—Pest Control Industry Award 2010—Dry Cleaning and Laundry Industry Award 2010—Substantive claims
(AM2019/4 and AM2018/19)

4 yearly review of modern awards – award stage – group 4 awards – substantive issues –Pest Control Industry Award 2010 – Dry Cleaning and Laundry Industry Award 2010.

[1] A Statement was issued on 1 October 2018 1 (the October Statement) outlining the process for dealing with a number of substantive claims made in the Group 4 awards as part of the Review. Attachment A to that Statement set out a list of claims in each award that had been allocated to separately constituted full benches. Interested parties were asked to confirm whether there were any variations or additions to the claims being pressed in the Group 4 awards.

[2] This statement deals with substantive claims in the Pest Control Industry Award 2010 (the Pest Control Award) and the Dry Cleaning and Laundry Industry Award 2010 (the Dry Cleaning Award) that are being dealt with as part of the 4 yearly review of modern awards (the Review).

[3] In relation to the Pest Control Award, the October Statement identified one substantive claim being pursued by The Australian Workers’ Union (AWU) to ‘amend the payment and loading clause by substituting the reference from ‘industry’ allowance to ‘leading hand allowance.’’ This claim concerns clause 22.3(b) of the exposure draft, which deals with payments and loadings for employees on annual leave. In a decision issued in relation to Group 4 awards this claim was referred to a separately constituted Full Bench.

[4] In relation to the Dry Cleaning Award, the October Statement identified 5 substantive claims being pursued by United Voice as follows:

•  amending the protective clothing allowance by removing the words “in good condition, fair wear and tear excepted”

•  replacing the uniform allowance with a laundry allowance of a defined amount

•  amending the higher duties clause so that an employee is paid the higher minimum wage for the entire shift after performing higher duties for 2 hours

•  amending the overtime clause so that the first two hours worked in excess of an employee’s ordinary hours will be paid at time and a half and double time thereafter

•  proposing a single definition of ‘shift worker’ to be used in all situations (currently the award provides two definitions)

[5] The Pest Control Award and the Dry Cleaning Award will be listed for a Mention before the President at 11am on 23 August 2019 in Sydney. The purpose of the Mention is:

•  to clarify whether the substantive claims outlined at [3] and [5] of this Statement are being pressed by the AWU and United Voice;

•  to ascertain if there is any opposition to the claims; and

•  to seek comment on the attached draft directions for each matter (see Attachments A and B).

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR710926>

ATTACHMENT A

DRAFT DIRECTIONS

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

4 yearly review of modern awards––Pest Control Industry Award 2010 ––Substantive claims
(AM2019/4)

4 yearly review of modern awards – award stage – group 4 awards – substantive claims – Pest Control Industry Award 2010

It is directed that:

1. The Australian Workers’ Union and any other interested party supporting the claim shall file a draft variation determination, comprehensive written submissions and any witness statements or documentary material on which they seek to rely by 4.00 pm on Wednesday 18 September 2019.

2. Any party opposing the claim shall file comprehensive written submissions and any witness statements or documentary material on which they seek to rely by 4.00pm on Wednesday 30 October 2019.

3. The Australian Workers’ Union and any other interested party supporting the claim shall file any reply evidence, written submissions and evidence in reply by 4.00pm on Wednesday 20 November 2019.

4. All submissions must be sent to amod@fwc.gov.au

5. The matter will be heard on Wednesday 27 November 2019.

6. Liberty to apply.

PRESIDENT

ATTACHMENT B

DRAFT DIRECTIONS

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

4 yearly review of modern awards––Dry Cleaning and Laundry Industry Award 2010 ––Substantive claims
(AM2018/19)

4 yearly review of modern awards – award stage – group 4 awards – substantive claims – Dry Cleaning and Laundry Industry Award 2010.

It is directed that:

1. United Voice and any other interested party supporting the claims shall file comprehensive written submissions and any witness statements or documentary material on which they seek to rely by 4.00 pm on Thursday 19 September 2019.

2. Any party opposing the claims shall file comprehensive written submissions and any witness statements or documentary material on which they seek to rely by 4.00pm on Thursday 31 October 2019.

3. United Voice and any other interested party supporting the claims shall file any reply evidence, written submissions and evidence in reply by 4.00pm on Thursday 21 November 2019.

4. All submissions must be sent to amod@fwc.gov.au

5. The matter will be heard on Thursday 28 November 2019.

6. Liberty to apply.

PRESIDENT

 1   [2018] FWC 6107