1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – annual leave
(AM2014/47)
JUSTICE ROSS, PRESIDENT MELBOURNE, 7 APRIL 2014
4 yearly review of modern awards - common issue - annual leave.
[1] In a Statement and Directions issued on 17 March 20141 interested parties were
invited to make submissions in relation to the scope of the annual leave common issue.
Following the filing of submissions a background paper was issued summarising in broad
terms the 11 submissions received and identifying the subject areas which were put forward
by the parties. The background paper also contained a number of questions that parties were
invited to comment upon during a conference scheduled for 27 March 2014.
[2] The purpose of this Statement is to outline the scope of the subject areas that will be
dealt with by the Annual Leave Full Bench. The subject areas identified by parties in
submissions are:
(i) the cashing out of annual leave
(ii) excessive annual leave
(iii) annual close-down
(iv) granting leave in advance
(v) purchased leave
(vi) payment of annual leave entitlements on termination
(vii) EFT and paid annual leave
[3] At the conference on 27 March 2014 parties made submissions relating to the
inclusion or exclusion of the above matters as part of the annual leave common issue. A
number of parties submitted that the issues of excessive annual leave and annual close-down
are inter-related and on that basis I have decided that both matters will be dealt with as part of
the common issue. I have also decided that all of the remaining matters should all be dealt
with by the Annual Leave Full Bench. In each of the subject matters identified by the parties
the proposed variations will apply to a significant number of modern awards and in some
cases to all modern awards.
1 [2014] FWC 1790
[2014] FWC 2279
STATEMENT
E AUSTRALIA FairWork Commission
http://www.fwc.gov.au/sites/awardsmodernfouryr/submissions/2014FWC1790.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM201447_backgroundpaper_250314.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM201447_backgroundpaper_250314.pdf
[2014] FWC 2279
2
[4] It is proposed that once the Annual Leave Common Issue proceedings are completed,
the Full Bench will issue an in principle decision, along with any draft determinations for all
modern awards. Interested parties will then have the opportunity to comment upon the draft
determinations as they relate to each individual modern award, and make submissions related
to tailoring any provisions to specific awards. This process is not intended to prevent any
party from making a submission to the Annual Leave Full Bench at any stage throughout the
process.
[5] Submissions directed at one or two individual awards fall outside the scope of the
Annual Leave Commission Issue proceedings. However, if parties who only have an interest
in one modern award wish to make a submission completely rejecting a proposition, this
should be raised during the substantive proceedings. Parties wishing to make a submission of
this nature should not wait until the draft determination phase, as this phase will be used for
tailoring clauses to suit particular awards and should not be viewed as an opportunity to re-
agitate issues already determined by the Annual Leave Full Bench.
[6] Attached to this Statement is a set of draft directions setting out the proposed
scheduling for the filing of material. Parties are invited to comment upon the draft directions
no later than 4.00 pm Friday 11 April 2014. Any comment should be emailed to
amod@fwc.gov.au. Final directions will be issued on Monday 14 April 2014.
[7] Over the next 8 weeks I encourage employer associations to hold discussions with a
view to refining the extent of their propositions. ACCI and Ai Group should co-ordinate these
discussions. It would be of assistance to the Commission if parties were to attempt to come to
a single proposition in relation to each of the annual leave issues to be dealt with by the Full
Bench.
[8] The above applies to the union parties also. I would encourage the union parties to
hold discussions with a view to refining the extent of the propositions they propose to
advance and come to the Commission with one single proposition for each issue. The ACTU
should co-ordinate these discussions.
[9] If a member of the Commission is required to facilitate the discussions outlined above,
parties should make a request in writing to chambers.ross.j@fwc.gov.au.
[10] To date, only one piece of correspondence has been received relating to coverage
issues in particular modern awards. This correspondence was from the AMWU and related to
coverage issues in the Graphic Arts, Printing and Publishing Award 2010. I invite parties
who wish to raise any other coverage issues to write to amod@fwc.gov.au outlining their
proposals, or to raise these issues at the conferences which will be convened at the
commencement of each award stage.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code A, PR549372
mailto:amod@fwc.gov.au
mailto:chambers.ross.j@fwc.gov.au
mailto:amod@fwc.gov.au
3
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards - annual leave
(AM2014/47)
JUSTICE ROSS, PRESIDENT MELBOURNE, XX APRIL 2014
It is directed that:
In relation to each of the propositions outlined at paragraph 2 of the Statement of 4 April
which are before the Full Bench regarding the Annual Leave Common Issue:
1. On or before 4.00pm on Wednesday 21 May 2014 each interested party is to file in
the Fair Work Commission a proposed variation determination and a list of awards to
which the proposed variation determination will apply.
2. The matter will be listed for a further mention at 1.00 pm on Friday 30 May 2014 for
a report back to the Full Bench regarding the parties who will be pressing or opposing
each proposition.
3. On or before 4.00 pm on Friday 6 June 2014 each interested party is to file in the
Fair Work Commission a comprehensive written submission, any relevant
documentary material and a comprehensive witness statement for any witness
evidence to be relied upon in support of the propositions.
4. On or before 4.00 pm on Friday 25 July 2014 any interested party is to file in the
Fair Work Commission a comprehensive submission, any relevant documentary
material and a comprehensive witness statement for any witness evidence to be relied
upon in response to the propositions.
5. The matter will be listed for a further mention and programming at 1.00pm on
Monday 4 August 2014.
6. The matter will be listed for hearing before a Full Bench at 11.00 am on Thursday 14
August 2014.
7. Leave is granted to apply generally.
ATTACHMENT
DRAFT DIRECTIONS
4
8. All material should be sent to amod@fwc.gov.au.
PRESIDENT
mailto:amod@fwc.gov.au
