[2020] FWCFB 1530


Fair Work Act 2009

s 156 - 4 yearly review of modern awards




Amusement, Events and Recreation Award 2010 - substantive claims – coverage and trainee classifications etc in respect to golfing – further submissions sought – directions.

[1] This Full Bench has before it, for consideration under the award modernisation (‘AMOD’) process, two substantive issues in respect to the Amusement, Events and Recreation Award 2010 (the ‘Award’), namely, proposals:

[2] We note that the Award is a Tranche 3 modern award listed for hearing before a separately constituted Full Bench on 6 and 7 April 2020. Before coming to the reason for this Statement, it is necessary to set out a brief chronology of recent events relevant to the modernisation of this Award.

‘Dear Associate

‘[1] The Fair Work Commission (‘Commission’) directs that:

A. Any interested party wishing to make further submissions regarding Coverage in the Exposure Draft in respect to the above Award may do so by no later than 4.00pm 2 January 2020.

B. Any parties wishing to make submissions regarding the issues raised in Direction A above must do so by no later than 4.00pm 30 January 2020.

[2] The matter will be listed for a hearing, if requested by any party shortly after this later date as set out in Direction B above.’

[3] We have reviewed and compared the PGA’s proposed variation which was the subject of directions by this Full Bench on 5 December 2019 and the variation set out in the communication to the Vice President’s Chambers on 20 February 2020. It is plainly apparent that the text, in material respects, is different to that for which comment was sought from interested parties on 5 December 2019. Regrettably, this means that interested parties have not been given the opportunity to comment on the latest PGA proposed variations, notwithstanding no party did so by 30 January 2020 in respect of the earlier proposal.

[4] While we observe that the textual changes, being additional wording, may be consistent with the PGA’s original intentions, the changes are not mere typographical errors or clarifying words. They are matters of substance, such as introducing:

The differences between the two proposals are set out in Annexure 1 to this decision and highlighted. The text of the various PGA submissions and earlier proposed variations are otherwise available on the Commission’s website.

[5] We consider the present situation to be less than satisfactory. It is unclear to us why the PGA sent the 20 February 2020 proposal to the Vice President’s Chambers and not to the Presiding Member of this Full Bench, when it previously had done so on 3 December 2019; but more significantly, there is no mention in the 20 February 2020 email that the proposed variation was different to that which was published to the Commission’s website for comment around the time we issued directions on 5 December 2019. We are prepared to assume that these unfortunate circumstances were a result of an error or misunderstanding in the PGA’s internal processes, as appears to be the case given that the 20 February 2020 PGA submission refers to filing the submission ‘in accordance with the Decision of the Full Bench on 29 January 2020’ (which we take to be a reference to [2020] FWCFB 421).

[6] Regardless of how these circumstances came about, the coverage issue is before this Full Bench and, for abundant caution, we propose to provide interested parties a short opportunity to raise any issues with the PGA’s latest proposed variation in respect to coverage, as highlighted in the Annexure to this decision.

[7] Accordingly, we make the following direction:

[8] We will publish our decision in respect to the two outstanding substantive issues shortly thereafter.


Printed by authority of the Commonwealth Government Printer


ANNEXURE 1 – Current Proposals by the Professional Golfers Association of Australia

Item 3 – Definitions and Interpretation

3.1 In this award, unless the contrary intention appears:

Exhibition employees means employees of employers engaged in the supply, preparation, marking out, fabrication, installation, erection or dismantling of exhibition stands or associated componentry for the trades and public promotions industry.

golf professional means a qualified and current Full Member (Vocational) of the Professional Golfers Association of Australia

golf trainee means an individual formally undertaking the Professional Golfers Association’s Trainee Program, for the purposes of becoming a Full Member of the Professional Golfers Association of Australia.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

Item 4 – Coverage

4.2 Definition of amusement, events and recreation industry

4.3 Exclusions

14. Minimum wages

14.1 Adults






Grade 9



Grade 10



Schedule B – Reclassification Structure

B.2 Grade 1

B.2.3 An employee at this level may include a Cleaner, Maintenance person, Gardener, Handyperson, Animal attendant, Ride attendant, Tour guide, Customer Service Officer, Meet and Greet/Concierge, Photography attendant, Host/Presenter, Car part attendant, Parking attendant (not handling cash), Door attendant, General Attendant, Admissions/Entrance attendant level 1, Gateperson (not on major gates), Bowling attendant, Usher and Event day attendant, Golf Trainee Year 1.

B.3 Grade 2

B.3.2 An employee at this level performs work above and beyond the skills of an employee at Grade One and to the level of their skills, competence and training. An employee at this level may in addition to the roles in Grade 1 may also include an Assistant to construction technician and/or erector (including persons engaged in maintenance and utility duty) Ticket seller, Counter attendant, Security Officer, Receptionist, Programme seller, Cashier, General hand (exhibition employees), Game warden and a Golf Trainee Years 2 and 3.

B.7 Grade 6

B.11 Grade 10