[2021] FWCFB 5393
FAIR WORK COMMISSION

STATEMENT

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)

Local government administration

DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT
COMMISSIONER O’NEILL

MELBOURNE, 31 AUGUST 2021

Application to vary the Victorian Local Government Award 2015 (state-reference public sector award).

[1] On 16 June 2021, Australian Services Union Victorian and Tasmanian Authorities and Services Branch (the ASU) made an application to vary the Victorian Local Government Award 2015 (the VLG Award). The variations proposed seek to replicate variations which have already been made to the Local Government Industry Award 2020 during the 4 yearly review.

[2] A mention was held on 7 July 2021, the purpose of which was to discuss if any of the proposed variations were contested. No party other than the ASU attended the mention. Following the mention, a statement 1 was issued on 16 July 2021 in which the then Full Bench expressed a provisional view that the VLG Award be varied in the same terms as had been outlined in an attached draft determination and that the variations were necessary to achieve the modern awards objective.

[3] Interested parties were given an opportunity to file submissions opposing the provisional view. The then Full Bench stated that if no submissions were filed, it would issue a determination varying the VLG Award in accordance with the provisional view.

[4] The Commission received two submissions in response to the statement, on behalf of 77 Victorian councils and library corporations 2 and, separately, the City of Greater Geelong3 They oppose the insertion of a 2-hour minimum engagement period for casuals, but did not oppose the other proposed variations. The then Full Bench decided to vary the VLG Award in the same terms as in the draft determination, excluding the contested minimum engagement period for casual employees. A determination4 varying the VLG Award was issued with a Decision5 of the Full Bench dated 23 August 2021 and commenced operation from that date.

[5] This Full Bench was then constituted, and a mention was held on 27 August 2021 to program the hearing of the contested issue of a minimum engagement for casual employees. The ASU attended, together with a representative for the (now) 79 Victorian councils and library corporations 6 (the councils). The transcript of the mention is available here.

[6] The ASU confirmed the application to insert a 2-hour minimum engagement period for casual employees is maintained but that it is prepared to enter into discussions with the councils in response to concerns they have raised, to see whether a consent position might be reached. The councils also expressed a willingness to enter into discussions but also stated they first required an opportunity to confer amongst themselves so that the parameters of any negotiating position could be confirmed. The parties agreed that their negotiations would likely involve discussion regarding arrangements for employees working in home care, school crossing and fitness/swimming instructor roles. The parties also advised that the councils operate under enterprise agreements, with the VLG Award used for the purposes of the Better Off Overall Test (BOOT). As such, the parties indicated that there was not any degree of urgency attached to the application and the timeline for any ultimate operative date of a variation could also be negotiable and ultimately, the subject of a consent position.

[7] The parties indicated that a period of 6 weeks would provide an adequate timeframe for the councils to confer amongst themselves and discussions between them to follow. As such, it was agreed that a further conference be listed for 10am (AEST) on Friday 8 October 2021. At that time, the parties will be expected to provide an update in relation to their discussions and depending on the status, any necessary directions for the programming of the hearing of any contested issues regarding the application to insert a 2-hour minimum engagement period for casual employees will then be made.

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DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<MA000132  PR733355>

 1   [2021] FWCFB 4206

 2   Alpine Shire Council and others

 3   City of Greater Geelong

 4   MA000132, PR 732911

 5   [2021] FWCFB 5088

 6   Updated schedule of parties