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Fair Work Act 2009����������������������������������������������������






s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

Application by


Review of certain C14 Rates in Modern Awards






Continued from 23/08/2022



JUSTICE ROSS:  Good morning.  The Full Bench issued a statement regarding the review of the C14 rates in certain awards.  It was published on 6 October.  That statement expressed some provisional views at paragraphs 24, 25 and 28 regarding the variation of the Broadcasting Award to remove ambiguity.  The exclusion of the Port Authorities Award and the Stevedoring Award from the review, the exclusion of the Cement, Lime and Quarrying Award, the Oil Refining and Manufacturing Award and the Air Pilots Award from the review.


Objections to the provisional views were to be filed by 14 October.  If there were no objections we indicated we would confirm our provisional views and proceed accordingly.  I don't recall receiving any objections.  Is there any objection from any party here to those provisional views?  No.  Then we will confirm those views.  We will vary the Broadcasting Award to remove the ambiguity and we'll exclude the five awards that I mentioned from the review.


There are now seven awards still subject to the review.  The 6 October statement sought proposals to make changes to those awards.  Proposals were due by 21 October.  We received proposals for six of those seven awards, no proposals were received for the Travelling Shows Award.  Any submissions in response to the proposals were to be filed by 4.00 pm on 26 October.  Reply submissions were filed by ABI, Ai Group, the Drycleaning Institute and the AMWU.


ABI, briefly, indicated that the wished to consult their stakeholders and membership further but they do not currently support any of the proposals, but they are happy to discuss them.  Similarly with the background paper and they were seeking a reasonable time to consult and engage with their stakeholders and then a conference before the commission.  Ai Group's response is broadly the same.  The Drycleaning Institute's is really directed at the changes to the Dry Cleaning Award and the AMWU supports some of the proposals advanced by the other unions.


So that seems to be where we are up to.  What I am minded to do is to put the matters back on for conference before Deputy President Hampton.  The Deputy President is available to convene conferences in the week beginning 12 December.  In the meantime the parties should confer directly. We will publish a summary document setting out the proposals and we would encourage you to engage with your respective counterparts to see if you can narrow the scope of the issues.


The Deputy President will make a decision about whether he lists them all at the same time or he lists them sequentially.  Any questions or any issues with any of that?


MR HOULIHAN:  Your Honour, Dan Houlihan from the Showmen's Guild.  Your Honour I note that there has been no, as you've noted there has been no application to vary or there has been no submission put forward to vary the Travelling Shows Award.  My client's position is that we are in a similar position to those three other awards that have been excluded because there has been no suggestion or no agitation for change.  My client obviously would prefer the award remains the same.  I guess I'm seeking direction about the best way - - -


JUSTICE ROSS:  That's fine.  Probably the best way, Mr Houlihan, would be drop me a note indicating that is your position.  We will publish it and then probably express the provisional view that the award be excluded but provide any interested union with an opportunity to contest that if they wish.  If it's contested then you'll be in the conferences, if it's not then you'll probably be excluded, would probably be the way it would go.


MR HOULIHAN:  Thank you for that indication, your Honour.


JUSTICE ROSS:  If you wouldn't mind do that preferably in the next day or so then we'll know what we are facing, all right.  Any other questions?  No.  As you'll see from - well I'd encourage ABI to elaborate and the same with Ai Group, as to what specifically their objections are to the proposals.  I'd certainly encourage you to do that directly with your union counterparts before the conference.  Don't come along to the conference and then tell them.  See whatever you can sort out between now and then.  All right?


If you need facilitation beforehand do not hesitate to contact my chambers and we will sort something out.  Thank you very much.  Nothing further?  All right, enjoy the rest of your day.  I will adjourn.

ADJOURNED TO A DATE TO BE FIXED���������������������������� [10.07 AM]