DECISION

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

4 yearly review of modern awards—Payment of wages
(AM2016/8)

4 yearly review of modern awards – Payment of wages – Payment of wages and other amounts model term – Building and Construction General On-site Award 2010 – Joinery and building Trades Award 2010.

[1] On 26 November 2020, we published a decision 1 which sought to resolve claims by the Housing Industry Association (HIA) to vary the Building and Construction General On-site Award 2010 (Building Award) concerning the frequency of payment of wages and separately by Master Builders Australia (MBA) to vary the Building Award and the Joinery and Building Trades Award 2010 (Joinery Award) dealing with frequency of payment of wages and related matters concerning the payment of wages.

[2] In its submissions the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) suggested a possible amendment to clause 31.3 of the Building Award. The suggestion advanced by the CFMMEU is discussed at [32]-[33] of our decision. We asked HIA and MBA to indicate in writing whether they agreed with the proposal advanced by the CFMMEU.

[3] On 3 December 2020, HIA advised the Commission that it opposed the CFMMEU’s proposal. 2 It contends that the proposed amendment may lead to confusion. MBA supports HIA’s position.3

[4] Having regard to the views of HIA and MBA, we do not propose to deal with the CFMMEU’s suggested amendment to clause 31.3 of the Building Award any further. The CFMMEU did not press its suggested amendment as a claim and contested applications to replace existing terms of an award should be supported by probative evidence and a merits-based application. The suggestion was responsive to concerns raised by HIA and since neither HIA nor MBA support the suggestion it is not appropriate in the circumstances to deal further with it.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR725629>

 1   [2020] FWCFB 6343

 2   Correspondence from HIA, 3 December 2020

 3   Correspondence from MBA, 3 December 2020