[2020] FWCFB 3643
FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Payment of Wages
(AM2016/8)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT GOSTENCNIK
DEPUTY PRESIDENT CLANCY
COMMISSIONER LEE
COMMISSIONER HUNT

MELBOURNE, 14 JULY 2020

4 yearly review of modern awards – common issue – payment of wages – Vehicle Repair, Services and Retail Award 2020.

[1] In a decision issued on 20 May 2020 we set out a proposed amendment to the Vehicle Repair, Services and Retail Award 2020 (Vehicle Award) dealing with payment on termination of employment. 1

[2] A draft determination was published on 22 May 2020 and interested parties were invited to comment on the draft determinations by 4pm on Friday 29 May 2020. The following submissions were filed:

  Motor Trade Organisation (MTO) dated 29 May 2020; and

  Australian Industry Group (Ai Group) dated 29 May 2020.

[3] In a Statement issued on 5 June 2020, 2 we said that the amendments proposed by the MTO and Ai Group would be the subject of a conference before Deputy President Clancy. In its correspondence of 22 June 2020, the Ai Group advised that the parties (Ai Group, MTO and the AMWU) had reached a consent position and provided a draft determination in mark-up form. The conference listed on 23 June 2020 before Deputy President Clancy was vacated.

[4] A Report to the Full bench was published on 1 July 2020.

[5] In a Statement 3 issued on 3 July 2020 we expressed the provisional view that the Vehicle Award be varied as proposed by the parties.  Interested parties had until 4pm on Friday 10 July 2020 to comment on our provisional view. No such comments were received.

[6] We indicated in the 3 July 2020 Statement that if no comments were received we would proceed to issue a final determination in the terms sought. Accordingly, we will now issue a final variation determination in the terms proposed by the parties.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2020] FWCFB 1131

 2   [2020] FWCFB 2911

 3   [2020] FWCFB 3519