[2019] FWC 5888
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

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

JUSTICE ROSS, PRESIDENT

MELBOURNE, 23 AUGUST 2019

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 issued on 1 August 2019 1 (the August 2019 Statement) dealt 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).

[2] These matters were listed for Mention at 11am today. The purpose of the Mention was to:

  to clarify which substantive claims are being pressed;

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

  to seek comment on the draft directions attached to the August 2019 Statement.

[3] At the Mention the AWU confirmed that it will be pursuing one substantive claim in relation to the Pest Control Award. The AWU seeks to ‘amend the payment and loading clause by substituting the reference from ‘industry’ allowance to ‘leading hand allowance’.

[4] This claim concerns clause 22.3(b) of the exposure draft, which deals with payments and loadings for employees on annual leave.

[5] At this state the claim is opposed. Directions for the hearing and determination of the claim are attached.

[6] In relation to the Dry Cleaning Award, UV stated that it was no longer pursuing any substantive claims in relation to this award in the context of the 4 yearly review. There are now no outstanding substantive claims in relation to the Dry Cleaning Award.

PRESIDENT

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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)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 23 AUGUST 2019

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 (AWU) and any other interested party supporting the AWU 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 at 9:30am on Wednesday 27 November 2019.

6. Liberty to apply.

PRESIDENT

 1   [2019] FWCFB 5359