DECISION

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Variation on the Commission’s own initiative
(AM2022/11)

JOURNALISTS PUBLISHED MEDIA AWARD 2020
[MA000067]

Fair Work Act 2009 (Cth) s 160 – Commission acting on its own initiative – Journalists Published Media Award 2020.

[1] In my previous decision in this matter, 1 I identified a number of errors, ambiguities or uncertainties existing in specified provisions of the Journalists Published Media Award 2020 (Award) and expressed provisional views as to how these should be remedied pursuant to s 160 of the Fair Work Act 2009. Interested parties were allowed until 2 May 2022 to provide any written submissions they wished to make in response to my provisional views and the draft determination2 published in conjunction with my decision that would give effect to those provisional views.

[2] The Commission received one submission in response, from Country Press Australia (CPA). CPA indicated that it and its members support the proposed variations, but noted that:

“… the proposed replacement table in A.2.4 (Schedule A to the Award) expresses percentages exclusive of the casual loading, which would appear to be inconsistent with the other rates tables for casual employees either in the current Award or as proposed in a varied Award for other group of casual employees.”

[3] The determination will be amended to address the matter raised by the CPA. It will also be amended to change references to “shift rates” to “shiftwork rates” to ensure consistency of terminology. I otherwise confirm the provisional views stated in my previous decision. The determination varying the Award to give effect to my conclusions will be published in conjunction with this decision and will take effect from 30 May 2022.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR741826>

 1   [2022] FWC 839.

 2   Draft determination, 11 April 2022