[2020] FWCFB 2109
FAIR WORK COMMISSION

DECISION


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
DEPUTY PRESIDENT MASSON
COMMISSIONER LEE

MELBOURNE, 27 APRIL 2020

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

[1] On 2 December 2019 we issued a decision1 which dealt with an issue concerning whether employees receiving a leading hand allowance under the Pest Control Industry Award 2010 (the Pest Control Award) also receive this allowance during periods of annual leave. We concluded that they did, and determined that clause 24.7(b) of the Pest Control Award should be varied to make it clear that this was the case. A draft variation determination2 was published in conjunction with our decision and interested parties were provided a period of seven days to file written submissions in response to the proposed variation.

[2] The Australian Workers’ Union (AWU) was the only party to file a submission in which it supported the draft determination. The Australian Federation of Employers and Industries, which made submissions in the earlier stage of the proceedings, did not file any submissions in response to the draft determination.

[3] In the circumstances, we will proceed to vary the Pest Control Award in the terms set out in the draft determination. The operative date will be 27 April 2020. The final variation determination [PR718491] will be published in conjunction with this decision

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR718490>

1 [2019] FWCFB 8092

2 Draft determination