DECISION

Fair Work Act 2009
s.158—Application to vary or revoke a modern award

Australian Municipal, Administrative, Clerical and Services Union - Victorian and Tasmanian Authorities and Services Branch
(AM2021/69)

Application to vary the Victorian Local Government Award 2015 (state-reference public sector award) – confirmation of provisional views – award varied – minimum engagement for casual employees contested – matter to be listed for further mention.

[1] On 16 June 2021, Australian Services Union (the ASU) made an application to vary the Victorian Local Government Award 2015 (the VLG Award), a state-reference public sector award. The variations proposed seek to replicate variations which have been made to the Local Government Industry Award 2020 during the 4 yearly review.

[2] Specifically, the application seeks to vary the VLG Award to add and/or replace clauses in relation to:

•  A 2-hour minimum engagement period for casual employees

•  Requests for flexible working arrangements

•  Block release training and fees

•  Payment on termination of employment

•  Time off instead of payment for overtime

•  Agreement for time off instead of payment for overtime

•  Annual leave in advance

•  Agreement to take annual leave in advance

•  Dispute resolution training leave.

[3] A mention was held on 7 July 2021 in order to discuss if any of the proposed variations were contested, however no party other than the ASU attended. The transcript of the mention is available here.

[4] On 16 July 2021 we issued a statement 1 and attached a draft determination containing the proposed variations. In the statement we expressed our provisional view that the VLG Award be varied in the same terms as in the draft determination and that the variations are necessary to achieve the modern awards objective.

[5] Interested parties were given until 4pm (AEST) on Friday 13 August 2021 to file submissions opposing our provisional view. We stated that if no submissions were filed, we would issue a determination varying the VLG Award in accordance with our provisional view.

[6] The Commission received the following submissions in response to the statement:

•  77 Victorian councils and library corporations (the councils)

•  City of Greater Geelong.

[7] The councils and the City of Greater Geelong both oppose the insertion of a 2-hour minimum engagement period for casuals, but do not oppose the other proposed variations.

[8] Accordingly, we have decided to vary the VLG Award in the same terms as in the draft determination, but for the contested minimum engagement period for casuals. A determination varying the VLG Award will be issued with this Decision. The determination will be operative from 23 August 2021.

[9] A mention will shortly be listed to program the hearing of the contested issue of a minimum engagement for casuals.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2021] FWCFB 4206.