DECISION

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

Residual variations
(AM2022/15)

Section 160 of the Fair Work Act 2009 (Cth) – variation on the Commission’s own motion – residual variations.

[1] In a Statement issued on 17 June 2022 (the June Statement) 1 the Commission commenced a process of correcting errors and removing ambiguities in modern awards arising from variations made during the 4 yearly review (the Review). The residual variations process was commenced on the Commission’s own motion pursuant to s.160 of the Fair Work Act 2009.

[2] A list of the relevant awards, the issues identified and the amendments proposed to resolve those issues, was set out at Attachment A to the June Statement. In that Statement we expressed the view that the errors identified in Attachment A were self-evident and we proposed to exercise the power in s.160 to correct them.

[3] No objections were received to the proposed amendments set out in Attachment A to the June Statement and in a decision issued on 8 July 2022 (the July Decision) 2 we determined to proceed to make those corrections.

[4] Attachment B to the June Statement also identified issues in a number of modern awards which were of a slightly more substantial nature and set out our provisional view as to how we intended to resolve those issues. In the July decision we confirmed our provisional views for most issues identified. However, we noted that Ai Group advanced a response to the provisional view in Attachment B in relation to clause 34.1 of the Manufacturing and Associated Industries Occupations Award 2020 (the Manufacturing Award).

[5] At paragraph [12] of the July decision we stated that it is our provisional view that clause 34.1 of the Manufacturing Award should be varied in the terms proposed by Ai Group and that any submissions opposing our provisional view were to be filed by 4:00pm (AEST) on Wednesday 20 July 2022.

[6] No submissions opposing our provisional view have been received.

[7] We confirm the provisional view at paragraph [12] of the July decision. A determination will be issued varying the Manufacturing Award in the terms set out in the June Statement, save that clause 34.1 will be varied in the terms proposed by Ai Group.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2022] FWCFB 107

 2   [2022] FWCFB 119