| [2020] FWCFB 3074 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Acy 2009
s.156 – 4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
JUSTICE ROSS, PRESIDENT |
MELBOURNE 12 JUNE 2020
|
4 yearly review of modern awards – residual amendment – reference to the Miscellaneous Award 2010.
[1] This decision deals with the reference to the Miscellaneous Award 2010 that appears in the National Training Wage clause in 83 modern awards. 1 A list of these awards is set out Attachment A.
[2] During the 4 yearly review of modern awards, a Full Bench of the Commission determined that the National Training Wage Schedule would be:
• standardised and removed from all awards except the Miscellaneous Award 2010, and
• incorporated back into all other awards by reference to the Miscellaneous Award 2010. 2
[3] An example of the term incorporating the National Training Wage by reference to the Miscellaneous Award is set out below (from the Clerks–Private Sector Award 2020);
16.6 National training wage
(a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2019. For that purpose, any reference to “this award” in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Clerks—Private Sector Award 2020 and not the Miscellaneous Award 2010.
[4] In our decision issued on 27 April 2020 3, we resolved all of the remaining technical and drafting matters in the Miscellaneous Award exposure draft and we subsequently issued a variation determination on 30 April 2020 giving effect to the 27 April 2020 decision. The variation determination comes into operation from 18 June 2020 and renames the Miscellaneous Award 2010 as the Miscellaneous Award 2020.
[5] Accordingly, each of the cross references to the Miscellaneous Award 2010 in the 83 modern awards at Attachment A will be amended to refer to the Miscellaneous Award 2020. A determination giving effect to this decision is attached.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR720129>
| Award title |
| Black Coal Mining Industry Award 2010 |
| Clerks—Private Sector Award 2020 |
| Fast Food Industry Award 2010 |
| General Retail Industry Award 2010 |
| Hair and Beauty Industry Award 2010 |
| Higher Education Industry—General Staff—Award 2020 |
| Hospitality Industry (General) Award 2020 |
| Mining Industry Award 2020 |
| Racing Clubs Events Award 2010 |
| Racing Industry Ground Maintenance Award 2020 |
| Rail Industry Award 2020 |
| Textile, Clothing, Footwear and Associated Industries Award 2010 |
| Aged Care Award 2010 |
| Banking, Finance and Insurance Award 2020 |
| Cleaning Services Award 2020 |
| Contract Call Centres Award 2020 |
| Cotton Ginning Award 2020 |
| Electrical, Electronic and Communications Contracting Award 2010 |
| Graphic Arts, Printing and Publishing Award 2010 |
| Horticulture Award 2010 |
| Nursery Award 2020 |
| Pastoral Award 2010 |
| Plumbing and Fire Sprinklers Award 2010 |
| Road Transport and Distribution Award 2020 |
| Road Transport (Long Distance Operations) Award 2020 |
| Silviculture Award 2020 |
| Telecommunications Services Award 2010 |
| Transport (Cash in Transit) Award 2020 |
| Waste Management Award 2020 |
| Wool Storage, Sampling and Testing Award 2010 |
| Port Authorities Award 2020 |
| Stevedoring Industry Award 2020 |
| Asphalt Industry Award 2020 |
| Cement, Lime and Quarrying Award 2020 |
| Concrete Products Award 2020 |
| Premixed Concrete Award 2020 |
| Registered and Licensed Clubs Award 2010 |
| Meat Industry Award 2020 |
| Aluminium Industry Award 2020 |
| Gas Industry Award 2020 |
| Hydrocarbons Industry (Upstream) Award 2020 |
| Passenger Vehicle Transportation Award 2020 |
| Hydrocarbons Field Geologists Award 2020 |
| Seafood Processing Award 2020 |
| Pharmaceutical Industry Award 2010 |
| Cemetery Industry Award 2020 |
| Timber Industry Award 2010 |
| Oil Refining and Manufacturing Award 2020 |
| Poultry Processing Award 2020 |
| Educational Services (Post-Secondary Education) Award 2020 |
| Educational Services (Schools) General Staff Award 2020 |
| Live Performance Award 2010 |
| Sporting Organisations Award 2020 |
| Commercial Sales Award 2020 |
| Storage Services and Wholesale Award 2020 |
| Maritime Offshore Oil and Gas Award 2020 |
| Electrical Power Industry Award 2020 |
| Vehicle Repair, Services and Retail Award 2020 |
| Wine Industry Award 2010 |
| Broadcasting and Recorded Entertainment Award 2010 |
| Alpine Resorts Award 2020 |
| Fitness Industry Award 2010 |
| Car Parking Award 2020 |
| Dry Cleaning and Laundry Industry Award 2020 |
| Pest Control Industry Award 2020 |
| Labour Market Assistance Industry Award 2020 |
| Social, Community, Home Care and Disability Services Industry Award 2010 |
| Gardening and Landscaping Services Award 2020 |
| Travelling Shows Award 2020 |
| Funeral Industry Award 2010 |
| Real Estate Industry Award 2020 |
| Salt Industry Award 2010 |
| Professional Diving Industry (Recreational) Award 2020 |
| Corrections and Detention (Private Sector) Award 2020 |
| Local Government Industry Award 2020 |
| Water Industry Award 2020 |
| Aquaculture Industry Award 2020 |
| Aboriginal Community Controlled Health Services Award 2020 |
| Legal Services Award 2020 |
| Animal Care and Veterinary Services Award 2020 |
| Restaurant Industry Award 2020 |
| Children’s Services Award 2010 |
| State Government Agencies Award 2020 |
1 11 other modern awards also refer to the Miscellaneous Award in the National Training Wage provision, however, these have already been amended.