| [2020] FWCFB 1539 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 23 MARCH 2020 |
4 yearly review of modern awards – finalisation of Exposure Drafts and draft variation determinations – Tranche 3 awards – Background Paper.
[1] This statement concerns the process for finalising the Tranche 3 modern awards.
[2] On 29 January 2020 Exposure Drafts and draft variation determinations were published for each of the Tranche 3 modern awards. On the same day we published a decision 1 in which we expressed the provisional view that the variation of the modern awards in Tranche 3 in accordance with the draft variation determinations was, in respect of each of these awards, necessary to achieve the modern awards objective.
[3] Interested parties were invited to comment on our provisional view and on the Tranche 3 Exposure Drafts and draft variation determinations. We have today published a Background Paper summarising the submissions filed.
[4] The Background Paper also sets out:
• some minor drafting errors and omissions in the Exposure Drafts and draft variation determinations, which we propose to correct;
• some provisional views in response to some of the submissions put; and
• invites interested parties to comment on certain submissions.
[5] The current timetable for the finalisation of the Tranche 3 Exposure Drafts and variation determinations provides for reply submissions to be filed by 4pm Friday 27 March 2020 and for an oral hearing on Monday 6 and Tuesday 7 April 2020.
[6] In view of the COVID-19 situation we have decided to vary those arrangements.
[7] The oral hearing previously scheduled for Monday 6 and Tuesday 7 April 2020 is vacated and we will extend the period for the filing of reply submissions as follows:
1. Reply submissions are to be filed by 4pm Tuesday 7 April 2020.
2. The reply submissions are to reply to the submissions filed and address the provisional views and other issues raised in the Background Paper, including the proposals to correct minor drafting errors and responding to invitations to comment on other submissions. These are contained in Attachment A.
Note: If a provisional view in the Background Paper is unopposed then we will adopt it and amend the relevant Exposure Draft and variation determination accordingly.
3. Reply submissions are to be filed in Word format and sent electronically to chambers.ross.j@fwc.gov.au.
[8] We will issue a further statement once the reply submissions have been filed. It is likely that we will seek to deal with any remaining issues in dispute by telephone conferencing with the interested parties.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR717715>
All minor drafting errors, provisional views and invitations to comment from the Background Paper
Note: Paragraph references are to the Background Paper
Chapter 2 – Uncontentious Awards
Q1: Comment on the minor drafting errors identified in the awards and their subsequent footnotes at [10].
Chapter 3 – Timing issues
Q2: Comment on the timing issue in reply submissions at [13].
Chapter 4 – Award specific issues
Amusement, Events and Recreation Award 2010
Q3: Reply to the provisional views at [22] and [31].
Broadcasting and Recorded Entertainment and Cinemas Award 2010
Q4: Reply to the provisional views at [39], [50] and [54].
Q5: Comment on the issue raised by ABI and the solution proposed at [44].
Q6: We agree and will amend the Exposure Draft and draft variation determination at [47].
Q7: Comment on the issue raised by CRA and the amendments proposed at [61].
Business Equipment Award 2010
Q8: Reply to the provisional view at [64].
Educational Services (Teachers) Award 2010
Q9: Reply to the provisional view at [73].
Q10: AiS to confirm its position in reply submissions at [78].
Electrical, Electronic and Communications Contracting Award 2010
Q11: Comment on the amendments proposed by ABI at [83].
Q12: Comment on the issue raised by ABI at [86].
Q13: Comment on the submissions of ABI and Ai Group in respect of whether the fares allowance in clause 18.6(d) and the travel time allowance in clause 18.6(c) should be included in the all-purpose rate for apprentices at [88].
Q14: We agree and will amend the Exposure Draft and draft variation determination at [90].
Food, Beverage and Tobacco Manufacturing Award 2010
Q15: We agree and will amend the Exposure Draft and draft variation determination at [94].
Q16: Comment on the amendments to clause 10 proposed by the AMWU and AWU at [102].
Q17: Comment on the amendments proposed by the AMWU and AWU at [109].
Graphic Arts, Printing and Publishing Award
Q18: We agree and will amend the Exposure Draft and draft variation determination at [114], [124], [127] and [130].
Q19: Comment on the amendment proposed by the AMWU at [117].
Q20: Reply to the provisional views at [120] and [122].
Health Professionals and Support Services Award 2010
Q21: Comment on the amendment proposed by the PHIEA at [135].
Horse and Greyhound Training Award
Q22: Comment on the amendment proposed by the AWU at [138].
Q23: AWU to answer the question at [140].
Q24: Comment on the issue raised by the AWU at [141].
Horticulture Award 2010
Q25: Comment on the issue raised by ABI at [148].
Q26: ABI is invited to propose an amendment to address the issue it has raised at [148].
Q27: Comment on Ai Group’s proposed amendments to clause 10.2 at [152].
Q28: We agree and will amend the Exposure Draft and draft variation determination at [154].
Q29: Comment on the AWU’s proposed amendment at [158].
Q30: We agree with the AWU and will rectify the issue at [160].
Q31: Comment on the AWU’s proposed amendment at [163].
Q32: Comment on the AWU’s proposed amendment at [165].
Live Performance Award 2010
Q33: Reply to the provisional view at [171].
Q34: Comment on the amendment proposed by the LPA at [178].
Q35: Comment on the issue and LPA’s proposed amendment at [182].
Q36: Comment on the issue at [189].
Q37: Comment on the amendment proposed by the LPA at [192].
Q38: We agree and will amend the Exposure Draft at [199].
Q39: Comment on the LPA’s proposal at [206].
Q40: Comment on the issue and amendment proposed by the LPA at [209].
Q41: Comment on the issue and amendment proposed by the LPA at [212].
Q42: Comment on the issue and the amendment proposed by the LPA at [216].
Q43: Comment on the issue at [219].
The Maritime Awards
Marine Towage Award 2010
Q44: MIAL is requested to identify the relevant submissions dealing with the issue at [237].
Marine Tourism and Charter Vessels Award
Ports, Harbours and Enclosed Water Vessels Award
Q45: We agree and will amend the Exposure Draft and draft variation determination at [253].
Q46: Comment on the AFEI’s proposed amendments at [258].
Q47: Question for all parties at [260].
Seagoing Industry Award 2010
Q48: Comment (within 28 days) on the draft determination at [264].
Miscellaneous Award 2010
Q49: Reply to the provisional view at [272].
Nurses Award 2010
Q50: We agree with the deferral of the finalisation of the Exposure Draft and draft variation determination at [278].
Q51: Comment on the proposal at [281].
Professional Employees Award 2010
Q52: Reply to the provisional view at [285].
Q53: We agree and will amend the Exposure Draft and variation determination at [287].
Racing Clubs Events Award 2010
Q54: Comment on the AWU’s proposal at [291].
Registered and Licensed Clubs Award 2010
Q55: Reply to the provisional view at [296].
Q56: Comment on ABI’s proposal at [300].
Q57: We agree with ABI and will amend clause 11.2 at [302].
Q58: Comment on ABI’s submission at [305].
Q59: Question for all parties at [306].
Q60: We agree with ABI and will delete clause 15.8(g) at [308].
Security Services Industry Award 2010
Q61: Comment on ABI’s proposal at [316].
Telecommunications Services Award 2010
Q62: We agree and will amend the Exposure Draft and draft variation determination at [320].
Q63: Comment on Ai Group’s proposed amendment at [325].
Q64: Comment on the issue at [328].
Q65: We agree but will amend the footnote at [332].
Q66: Comment on the revised footnote and whether there are any other changes at [333].
Textile, Clothing, Footwear and Associated Industries Award 2010
Q67: Reply to the provisional view at [338].
Q68: We agree and will amend the Exposure Draft and draft variation determination at [340] and [342].
Q69: Reply to the provisional view at [347].
Q70: Comment on Ai Group’s proposed amendments at [348].
Q71: Comment on Ai Group’s proposed amendments at [352].
Q72: We agree with the CFMMEU (Manufacturing Division) and will amend the Exposure Draft and variation determination at [354].
Q73: Comment on the CFMMEU (Manufacturing Division)’s proposed amendment at [362].
Q74: Reply to the provisional view at [364].
Timber Industry Award 2010
Q75: Comment on the issue raised by ABI and the solution proposed at [370].
Q76: Comment on the issue raised by the CFMMEU and the solution proposed at [377].
Q77: We agree and will amend the Exposure Draft and draft variation determination at [380], [384], [387], [394], [402], [405], [421], [424], [428] and [436].
Q78: Reply to the provisional views at [398] and [411].
Wine Industry Award 2010
Q79: We agree and will amend the Exposure Draft and variation determination at [440].
Q80: We agree with Ai Group and will amend the Exposure Draft and variation determination at [445].
Q81: Reply to the provisional views at [452] and [458].
Q82: We agree and will delete clause 20.1(b) at [461].
Q83: Comment on the Association submissions and proposed amendment at [466].
Q84: Comment on the Association’s submissions and proposed amendment at [470].