[2020] FWCFB 6449

The attached document replaces the document previously issued with the above code on 1 December 2020.

By amending the matter number in the preamble from AM2020/94 to AM2020/102.

Modern Awards, Economics and Research Section

On behalf of the Associate to Justice Ross

Dated 2 December 2020

Fair Work Act 2009
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

Application to vary the Vehicle Repair, Services and Retail Award 2020
(AM2020/102)

Application for interim relief to vary modern award to achieve the modern awards objective – by consent – Schedule I – Award flexibility during the COVID-19 Pandemic – s.589(2) Fair Work Act 2009 (Cth)

[1] On 11 May 2020, we issued a Decision 1 granting an application to insert a new schedule, Schedule J – Award flexibility during the COVID-19 Pandemic, into the Vehicle Repair, Services and Retail Award 2020 (the Vehicle Award) (note Schedule J has been renumbered and is now Schedule I). Schedule I came into operation on 11 May 2020 and was originally due to cease operation on 30 June 2020.

[2] Since the 11 May 2020 decision, 4 applications to extend the operation of Schedule I have been granted. 2 The Schedule ceased operation on 30 November 2020.

[3] At 9pm on 30 November 2020, the Commission received an application from Australian Business Lawyers and Advisors on behalf of various employer organisations 3 and Australian Industry Group to extend the operation of Schedule I until 31 January 2021 (the Application). The Application also sought the making of an interim decision, extending the operation of Schedule I until 4 December 2020, pending the determination of the substantive application. The ACTU and AMWU do not oppose the making of the interim decision.

[4] We will grant the interim relief sought. Schedule I will be reinserted into the Vehicle Award and the Schedule will operate until 4 December 2020.

[5] We are satisfied that the interim relief granted is necessary to achieve the modern awards objective and in so deciding we have taken into account the considerations in s.134(1)(a) to (h), insofar as they are relevant. Once varied, the Vehicle Award will only include terms to the extent necessary to achieve the modern awards objective.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR725032>

 1   [2020] FWCFB 2367

 2   [2020] FWCFB 3146, [2020] FWCFB 4018, [2020] FWCFB 4598 and [2020] FWCFB 5194

 3   Victorian Automobile Chamber of Commerce; Motor Trade Association of South Australia Incorporated; Motor Traders Association of New South Wales; and Motor Trades Association of Queensland Industrial Organisation