[2014] FWCFB 3718
The attached document replaces the document previously issued with the above code on
2 June 2014.
Correction to paragraph numbers.
Trudy Jones
Member Support Research Team on behalf of Justice Ross
Dated 4 June 2014
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – Award stage
(AM2014/1 and others)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
SENIOR DEPUTY PRESIDENT ACTON
SENIOR DEPUTY PRESIDENT HAMBERGER
COMMISSIONER BISSETT MELBOURNE, 2 JUNE 2014
4 yearly review of modern awards—Award stage—Group 1 awards.
Background
[1] In the decision issued on 17 March 20141 the Full Bench stated that the first 4 yearly
review of modern awards would comprise an Initial stage, dealing with jurisdictional issues, a
Common issues stage and an Award stage. The Initial stage is complete and the Common
issues stage has commenced dealing with issues identified in relation to annual leave.
Directions in relation to the annual leave common issue were issued on 15 April 2014.
[2] The Award stage will deal with the review of award specific issues in the 122 modern
awards. The modern awards have been divided into four groups and proceedings in relation to
the first group of awards commenced with an initial conference on 13 May 2014.
[3] A Draft Guide to the Award Stage was published on the Fair Work Commission’s (the
Commission) website outlining the process that the Commission intends to follow in the
Award stage. A draft exemplar award prepared by staff of the Commission based on the
Security Services Industry Award 20102 (the Security Award) was published at the same time
as the draft guide. This draft exemplar award does not seek to amend any entitlements under
the Security Award, but has been prepared to address some of the structural issues identified
in modern awards and is intended to make modern awards simpler and easier to understand.
[4] Parties were invited to provide comments on the Draft Guide to the Award Stage and
on the format and content of the draft exemplar award. These documents will be published in
final form by Friday, 13 June 2014.
[5] In order to reduce the length and number of consultations to be attended by parties
during the Award stage, the awards within each group will be broken down into subgroups.
[2014] FWCFB 3718
STATEMENT
E AUSTRALIA FairWork Commission
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/Draft-exemplar-award.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/4-yearly-review-Draft-Guide-to-Award-Stage.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM201447-Directions-150414.pdf
[2014] FWCFB 3718
2
Subgroups for Group 1 awards are set out in the notice of listing issued on 9 May 2014 for the
13 May 2014 conference.
[6] A number of written outlines of submissions were received by the Commission in
advance of the 13 May 2014 conference. Further submissions were made orally at the
conference. Written submissions received since the conference have been published on the
Commission’s website.
[7] This statement outlines the next phase of the Award stage for Group 1 awards.
Next steps
[8] Subject to the specific issues addressed below, the Full Bench intends to proceed by
referring individual awards to single Members to convene a conference (or conferences).
[9] The Member will be required to identify the variations sought and the extent of any
agreement in relation to those variations. The Member will consult with interested parties
about appropriate directions to address any unresolved issues, and will report back to the Full
Bench within the timeline set out at Attachment A. If issues cannot be resolved, the awards
may be referred to a Full Bench for hearing.
[10] The allocations to individual Members are set out in Attachment B. In allocating the
awards we have had regard to the way awards were allocated during the 2 year review of
modern awards undertaken under Item 6 of Schedule 5 of the Fair Work (Transitional
Provisions and Consequential Amendments Act 2009 (the Transitional Review).
[11] Attachment B also sets out an award by award analysis identifying interested parties
and the issues raised to date. All of the written and oral submissions referred to in
Attachment B can be accessed on the Award stage page or on individual award pages
accessible via the index of awards under review of the Commission’s website. The interested
parties in Attachment B are those that have provided submissions or comment to date and do
not represent a concluded list. Any other interested parties may make submissions to the
Commission during the Award stage. The summary of issues at Attachment B also includes
the suggestions made by the Fair Work Ombudsman (FWO) in their research papers.
Specific issues
[12] In its submission dated 9 May 2014 at paragraph 2(b), Ai Group raised two issues
relating to award flexibility: ‘make up time’ and ‘time off in lieu of overtime’. These matters
fall within the scope of the award flexibility/facilitative provisions common issues to be
determined at the hearing of this common issue. These matters can also be raised at the further
common issues conference in October 2014.
[13] In its submission dated 9 May 2014, the Communications, Electrical, Electronic,
Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)
foreshadowed an application to include an electrician’s licence allowance in the
Manufacturing and Associated Industries and Occupations Award 20103 (the Manufacturing
Award) (Award Group 1) and the Electrical Power Industry Award 20104 (the Electrical
Power Award) (Award Group 3). This allowance is currently contained in the Electrical,
Electronic and Communications Contracting Award 20105 (Electrical Contracting Award)
(Award Group 4) and the Building and Construction General On-Site Award 20106 (On-site
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage#field-content-1-heading
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/awards-under-review
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/NOL-130514-AM20141-further-amended.pdf
[2014] FWCFB 3718
3
Award) (Award Group 4). The Full Bench proposes to deal with this application in both
awards (the Manufacturing Award and the Electrical Power Award) together during Group 3
of the Award stage. The application also sought to vary the licence allowance in the Electrical
Contracting Award. This will be dealt with separately during Group 4. We note that the
CEPU reserves their position in relation the specific details of the variations sought.
[14] During the 13 May 2014 conference, the Traffic Management Association of Australia
foreshadowed an application to make a new modern award to cover traffic controllers
employed in the traffic management industry. This application would also affect the Asphalt
Industry Award 20107, the On-site Award and the Security Services Industry Award 2010. At
the 13 May conference the Construction, Forestry, Mining and Energy Union, The Australian
Workers’ Union, the Australian Security Industry Association Ltd and United Voice indicated
that they would oppose such application. This application will be referred to a Full Bench of
the Commission, comprising Senior Deputy President Watson, Deputy President Asbury and
Commissioner Cambridge, for determination.
[15] The ACTU made an application seeking to vary non-wage apprentice conditions in
37 awards (12 of which are listed in Award Group 1) following the outcome of the
apprenticeship Full Bench proceedings in the Transitional Review.
[16] To ensure that no party is disadvantaged by the scheduling of their awards in Award
Groups 2—4, consideration of this issue in all affected awards will be the subject of an initial
conference before Commissioner Roe, with a report back to the apprenticeship Full Bench
(Justice Boulton, Senior Deputy President Harrison and Commissioner Roe). The ACTU’s
application seeks to vary the awards listed in Attachment C. The balance of any variations
sought in relation to the 12 Group 1 awards will be listed for conference before a single
Member of the Commission as set out in paragraph [8] above.
Conclusion
[17] The Commission’s website will continue to be extensively used throughout the
Review. Parties who have not already done so are encouraged to subscribe to the award
matters notification service to be kept informed of the progress of this Review.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code C, PR551455
https://www.fwc.gov.au/about-us/reports-publications/subscribe-updates
https://www.fwc.gov.au/about-us/reports-publications/subscribe-updates
4
Attachment A
Timeline
Date Action
22 May 2014 Draft statement published for comment.
29 May 2014 Comments due on draft statement.
2 June 2014 Statement and directions published in final form.
5 June–11 July 2014 Conferences to be held by Members to determine exact variations
sought to each award and the extent of any agreement.
18 July 2014 Member report back to the Full Bench due.
5
Attachment B
Subgroup 1A
Subgroup 1A consists of 4 awards:
Ambulance and Patient Transport Industry Award 2010
Cleaning Services Award 2010
Cotton Ginning Award 2010
Security Services Industry Award 2010
Ambulance and Patient Transport Industry Award 20108
Interested
parties
Issues raised by parties Initial proceedings
Ai Group Absence of a standard ‘make up time’ clause to be dealt with during the common issues
proceedings.
Referral to Booth DP for
conference and report back
to the Full BenchAWU No specific submissions made, considering position in relation to material submitted by
FWO.
HSU Raised issues relating to ordinary pay for the purposes of calculating annual leave,
inclusion of provision to request training plans and a definition of ‘skill sets’.
FWO Clauses 10.5(e), 20.1 and 24.1 ambiguity in relation to definitions of overtime and
overtime entitlements for casual employees.
Clauses 10.5 and 25.2 ambiguity relating to payment of casual employees called out for
duty.
UV Clause 30.6 inconsistency with the NES.
Clause 14 changes to continuing education program payments proposed.
6
Cleaning Services Award 20109
Interested
parties
Issues raised by parties Initial proceedings
Ai Group Absence of a standard ‘make up time’ clause to be dealt with during the common issues
proceedings.
Referral to Cribb C for
conference and report back
to the Full BenchAWU No specific submissions made, considering position in relation to material submitted by
FWO.
UV Raised an issue of scope and coverage of the award which is currently the subject of an
application to vary the modern award before Sams DP.
FWO Clause 12.4 ambiguity in relation to when allowances are payable to part-time
employees.
Clauses 17.1, 24.1, 24.2, 24.4 and 28.6 there is no definition of ‘day’ which makes
interpretation difficult.
Clauses 17.6, classifications CSE2 and CSE3 in Schedule D.2 and D.2.1 ambiguity in
relation to the payment of a ‘leading hand allowance’ where one classification explicitly
refers to the duties and another does not.
Clause 20.3 ambiguity in relation to calculation of payments where employees are kept
waiting.
Clauses 24.2 and 27.1 ambiguity in relation to application of minimum engagement
periods and loadings payable.
Clauses 27.1(a) and (b) and 27.3 entitlements to penalty rates.
Coverage issues between this award and various other awards including the Real Estate
Industry Award 201010 and the Miscellaneous Award 201011.
7
Cotton Ginning Award 201012
Interested
parties
Issues raised by parties Initial proceedings
Ai Group Absence of a standard ‘time off in lieu of overtime’ clause.
Absence of a standard ‘make up time’ clause.
Referral to Ross J for
conference and report back
to the Full BenchAWU No specific submissions made, considering position in relation to material submitted by
FWO.
Security Services Industry Award 2010
Interested
parties
Issues raised by parties Initial proceedings
TMAA Foreshadowed an application for a new modern award covering ‘traffic controllers
performing work in the traffic management industry’. Such application would require
changes to the coverage of the Security Award.
This issue to be referred to
a separate Full Bench
headed by Watson SDP
UV Raised issues of coverage, re-define ‘casual employment’ and define ‘long breaks’.
Award is currently the subject of a modern award variation application before Sams DP
The balance of the issues
in relation to this award
will be referred to
Roberts C for conference
and report back to the Full
Bench
ASIAL Raised issues of ambiguity in the application of the consultation clause, shift work and
hours of work, licensing issues, penalty rates and part-time provisions. Also raised a
number of issues on behalf of MSS Security including an issue of coverage.
Ai Group Absence of a standard ‘time off in lieu of overtime’ clause.
Absence of a standard ‘make up time’ clause.
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
FWO Coverage issues between this award and various other awards including the Fast Food
Award 201013 and the Miscellaneous Award 201014.
8
Subgroup 1B
Subgroup 1B consists of 7 awards as follows:
Aluminium Industry Award 2010
Asphalt Industry Award 2010
Cement and Lime Award 2010
Concrete Products Award 2010
Premixed Concrete Award 2010
Quarrying Award 2010
Salt Industry Award 2010
Aluminium Industry Award 201015
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Lewin C for
conference and report back
to the Full Bench
Ai Group Note an interest
Asphalt Industry Award 2010
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Riordan C for
conference and report back
to the Full BenchAi Group Absence of a standard ‘make up time’ clause.
TMAA Foreshadowed an application for a new modern award covering ‘traffic controllers
performing work in the traffic management industry’. Such application would require
changes to the coverage of the Asphalt Industry Award.
FWO Inconsistency in overtime rates payable between clauses 22.3, 22.5(a) and 24.1(a).
9
Cement and Lime Award 201016
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Ross J for
conference and report back
to the Full BenchAi Group Absence of a standard ‘make up time’ clause.
ABI/ACCI Foreshadowed a proposal to consolidate the Cement and Lime Award and the Quarrying
Award.
Concrete Products Award 201017
Interested
parties
Issues raised by parties Initial proceedings
Brickworks Pty
Ltd (represented
by Harmers
Workplace
Lawyers)
Submitted that the award should provide for greater flexibility for working outside the
span of normal hours due to extreme weather. Further change proposed to allow ordinary
hours to be worked on ‘any 5 of 7’ working days without weekend penalty rates being
payable.
Propose a revision of industry allowances to take into account technological advances
since the clauses were first inserted into awards 40 years ago.
Referral to Drake SDP for
conference and report back
to the Full Bench
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
AFEI Indicated an interest but made no specific submissions.
Ai Group Absence of a standard ‘make up time’ clause.
Absence of a standard ‘time off in lieu of overtime’ clause.
10
Premixed Concrete Award 201018
Interested
parties
Issues raised by parties Initial proceedings
Ai Group Absence of a standard ‘make up time’ clause. Referral to Drake SDP for
conference and report back
to the Full Bench
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Quarrying Award 201019
Interested
parties
Issues raised by parties Initial proceedings
Ai Group Absence of a standard ‘make up time’ clause. Referral to Ross J for
conference and report back
to the Full Bench
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Salt Industry Award 201020
Interested
parties
Issues raised by parties Initial proceedings
Ai Group Absence of a standard ‘make up time’ clause. Referral to Lewin C for
conference and report back
to the Full Bench
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
11
Subgroup 1C
Subgroup 1C consists of 8 awards as follows:
Manufacturing and Associated Industries and Occupations Award 2010
Meat Industry Award 2010
Pharmaceutical Industry Award 2010
Poultry Processing Industry Award 2010
Textile, Clothing, Footwear and Associated Industries Award 2010
Timber Industry Award 2010
Vehicle Manufacturing, Repair, Services and Retail Award 2010
Wool Storage, Sampling and Testing Award 2010
Manufacturing and Associated Industries and Occupations Award 2010
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO
Referral to Drake SDP for
conference and report back
to the Full BenchCEPU Seeking inclusion of an electrician’s licence allowance in this award and also the
Electrical Power Industry Award 2010. The allowance is currently contained in the
Electrical, Electronic and Communications Contracting Award 2010 and a similar
allowance exists in the Building and Construction General On-site Award 2010. CEPU
propose that inclusion of the allowance in the Manufacturing and Electrical Power
awards should be dealt with together in Group 3 of the Award stage.
AMWU AMWU seek the inclusion of examples to clarify the hours of work provisions.
CFMEU Support submissions of AMWU.
Ai Group Raised an issue of provisions relating to off-the-job training for trainees.
Also raised issues which will be dealt with as part of the common issues proceedings
including the interaction of annual leave loading and shift loading.
AMIC No specific issues raised, reserved their position in relation to variations sought by other
parties.
12
Interested
parties
Issues raised by parties Initial proceedings
MBA Raised an issue of coverage following a decision of a single member of the Commission
in 2011 which found that ‘draughtspersons’ are covered by this award regardless of the
industry in which they are employed.
MBA also made broad submissions about award coverage in general, including the
potential for uncertainty in the interaction between multiple awards.
MBA to particularise the
variation sought and
advise the Commission if
they wish to proceed in
relation to this issue.
FWO Ambiguities in clauses 32.4(e)(i) (time spent travelling), 36.2(c) and 37.2 (spread of
hours).
Coverage issues between this award and:
the Textile, Clothing, Footwear and Associated Industries Award 2010;
the Waste Management Award 2010;
the Vehicle Manufacturing, Repair, Services and Retail Award 2010;
the General Retail Industry Award 2010;
the Building and Construction General On-site Award 2010;
the Electrical, Electronic and Communications Contracting Award 2010; and
the Plumbing and Fire Sprinklers Award 2010
Master
Electricians
Australia
Support Ai Group’s submissions. In relation to the proposed electricians licence
submitted that this award and the Electrical Power Industry Award 2010 should be dealt
with together, with the Electrical, Electronic and Communications Contracting Award
2010 heard separately.
Meat Industry Award 201021
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Riordan C for
conference and report back
to the Full BenchAMIEU Coverage issue in relation to inspectors, given the current state of the industry it will not
be possible to determine this issue immediately. Suggest that the issues be listed for
report back until after 1 January 2015.
13
Interested
parties
Issues raised by parties Initial proceedings
Seek an amendment to limit the number of times the transfer between employment
categories clause can be used to avoid inappropriate use of this clause.
Variation sought to correct an ambiguity in relation to the distinction between daily hire
and weekly hire.
Third issue relates to payment for work on public holidays.
AMIC Have had discussions with AMIEU about their issue with coverage and due to issues
within the industry both parties agree that the coverage issue cannot be dealt with at this
time. The parties have requested a report back to the Commission on or before
31 December 2014 with the matter to be referred to conference, if required, early next
year.
AMIC have foreshadowed pursuing their application for competency based apprentice
provisions which was withdrawn during the Transitional Review in 2012.
FWO Ambiguity in the basis for calculation of overtime in clause 36.
Ai Group Note an interest
Pharmaceutical Industry Award 201022
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Riordan C for
conference and report back
to the Full BenchSDA Noted an interest but does not intend to propose any variations.
ABI/ACCI Note an interest but continuing to consult with members and do not anticipate making
any substantive submissions.
Ai Group Note an interest
14
Poultry Processing Award 201023
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Hampton C for
conference and report back
to the Full BenchAFEI Seek to vary the payment of wages clause.
AMWU Noted an interest but did not make specific submissions.
AMIEU Noted an interest but did not make specific submissions.
Ai Group
Textile, Clothing, Footwear and Associated Industries Award 201024
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Lee C for
conference and report back
to the Full BenchTCFUA Made submissions in relation to 9 typographical or drafting matters and 6 substantive
matters. Of the 6 substantive matters some may be contentious including the proposal to
include an unpaid leave clause. Suggest proceeding by way of conference to gauge level
of agreement with other parties.
ACTU Include this award in their apprentices claim.
Ai Group Raised an issue of public holidays falling on rostered days off.
FWO Ambiguities in relation to clauses 14.3 and 39.3 (calculation of overtime for casual
employees), 24.5 and 40.1 (meal allowances) and 34.1 (definitions of shift times).
Clause 13.9 inconsistent with the NES.
Coverage issues between this award and:
the Manufacturing and Associated Industries and Occupations Award 2010; and
the General Retail Industry Award 2010.
15
Timber Industry Award 201025
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Gooley DP for
conference and report back
to the Full BenchFWO Ambiguity in relation to clauses 21.4 (payment of a leading hand allowance), 27 and
30 (daily ordinary hours).
Coverage issues between this award and the Joinery and Building Trades Award 201026
AMWU Agree with FWO that the annual leave provisions for 7 day shiftworkers may be
inconsistent with the NES and are unclear.
CFMEU Propose a variation to the payment of wages clause. This was raised during the
Transitional Review but was held to be outside the scope of that review. Noted some
disagreement with the FWO consultation paper.
MBA Issue raised in relation to coverage in the Manufacturing Award is also relevant to this
award.
HIA Raised issues of award coverage in 3 related awards including Timber.
TMA Noted that they were in consultation with members and did not have anything
substantive at this stage.
AFA and CMA Noted an interest in the coverage issue.
VAFI Note an interest and suggest proceeding by conference to deal with the issues raised by
FWO.
MBA Support the submissions of the HIA.
Ai Group Note an interest
16
Vehicle Manufacturing, Repair, Services and Retail Award 201027
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Gooley DP for
conference and report back
to the Full BenchFWO Several ambiguities in relation to the following clauses:
19.2 leading hand allowances;
28.1(b), 37, 41.1 overtime rates for casuals;
33.1, 33.4, 33.5 driver classifications;
33.4 and 37.1 payment to vehicle salespersons for hours worked above the
ordinary hours;
33.4 and 44.9 payment of commission to vehicle salespersons; and
53.1 spread of hours.
Coverage issues between this award and the Manufacturing and Associated Industries
and Occupations Award 2010. Also note that there are coverage provisions that could be
clarified.
AMWU AMWU agree with FWO that the annual leave provisions for 7 day shiftworkers may be
inconsistent with the NES and are unclear.
Seek to correct an ambiguity in relation to payment of ordinary time wages to
salespeople beyond 38 hours per week.
AMWU also mention issues raised by FWO in their paper dated 4 April 2014 in relation
to annual leave. AMWU note some of the issues raised will be dealt with as part of the
annual leave common issue.
SDA Will pursue variations in relation to rest breaks in clause 43.1, casual rates in clause 36.9
and reordering the award to try and simplify the reading of it.
MTA Seek to pursue a number of drafting and consistency issues. Believe that most of the
issues will be resolved at conference but that the SDA’s proposals about casual rates will
be contentious.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/submissions/AM20141-corr-FWO-040414.pdf
17
Interested
parties
Issues raised by parties Initial proceedings
Ai Group Note an interest but did not make specific submissions.
Wool Storage, Sampling and Testing Award 201028
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Lewin C for
conference and report back
to the Full Bench
Ai Group Note an interest.
18
Subgroup 1D
Subgroup 1D consists of 5 awards as follows:
Black Coal Mining Industry Award 2010
Mining Industry Award 2010
Oil Refining and Manufacturing Industry Award 2010
Rail Industry Award 2010
Stevedoring Industry Award 2010
Black Coal Mining Industry Award 201029
Interested
parties
Issues raised by parties Initial proceedings
CFMEU Raised 5 issues of possible inconsistency with the terms of the award and the Fair Work
Act, some of these will be pursued in the common issues proceedings. The issues raised
were payment of annual leave on termination, two matters in relation to redundancy,
employer notice of shut down and public holiday payments.
Referral to Boulton J for
conference and report back
to the Full Bench
Coal Mining
Industry
Employer
Group
Engaged in conversations with the CFMEU, no specific submissions made at this stage.
AMWU Note an interest.
Ai Group Note an interest.
AMMA Note an interest.
FWO Inconsistency in wording within clause 27.
APESMA Note an interest.
19
Mining Industry Award 201030
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Lewin C for
conference and report back
to the Full BenchCFMEU Note an interest.
AMWU Note an interest.
Ai Group Note an interest.
Oil Refining and Manufacturing Industry Award 201031
Interested
parties
Issues raised by parties Initial proceedings
AWU No specific submissions made, considering position in relation to material submitted by
FWO.
Referral to Watson VP for
conference and report back
to the Full BenchCFMEU Note an interest.
AMWU Note an interest.
ACCI Note an interest.
AMMA Note an interest.
Ai Group Note an interest.
20
Rail Industry Award 201032
Interested
parties
Issues raised by parties Initial proceedings
ARTBIU Intend to pursue variations to allowances and rosters. Referral to Cambridge C
for conference and report
back to the Full Bench
AMWU Suggest including an illustrative example in clause 20.5 in relation to variation of
ordinary hours.
Ai Group Note an interest.
AWU Note an interest.
ASU Note an interest.
Australian
Railway
Association
Note an interest.
CFMEU Note an interest.
APESMA Note an interest.
Stevedoring Industry Award 201033
Interested
parties
Issues raised by parties Initial proceedings
Stevedoring
Industry
Employers
Intend to pursue variations in relation to the following clauses:
Clause 17.1 ordinary hours of work;
Clause 18.5 penalties for shift work;
Clause 23.3 cashing out of person/carer’s leave; and
Clause 25.3 additional day’s leave for public holidays.
Referral to Booth DP for
conference and report back
to the Full Bench
AWU Note an interest, intend to oppose the variations sought by the Stevedoring Industry
Employers in conjunction with the MUA.
Ai Group Note an interest.
21
Subgroup 1E
Subgroup 1E consists of 6 awards as follows:
Gas Industry Award 2010
Hydrocarbons Industry (Upstream) Award 2010
Marine Tourism and Charter Vessels Award 2010
Maritime Offshore Oil and Gas Award 2010
Professional Diving Industry (Industrial) Award 2010
Professional Diving Industry (Recreational) Award 2010
Gas Industry Award 201034
Interested
parties
Issues raised by parties Initial proceedings
Ai Group Note an interest. Referral to Cambridge C
for conference and report
back to the Full Bench
AMMA Note an interest.
Hydrocarbons Industry (Upstream) Award 201035
Interested
parties
Issues raised by parties Initial proceedings
AWU Note an interest. Referral to Ross J for
conference and report back
to the Full Bench
CFMEU Note an interest.
AWU Note an interest.
AMWU Note an interest.
AMMA Note an interest.
22
Marine Tourism and Charter Vessels Award 201036
Interested
parties
Issues raised by parties Initial proceedings
AWU Note an interest. Referral to Ross J for
conference and report back
to the Full Bench
AFEI Note an interest and flagged possible amalgamation of this award and Professional
Diving (Recreation) Award 2010.
FWO Suggest that there should be a definition of ‘outer reef work’.
Maritime Offshore Oil and Gas Award 201037
Interested
parties
Issues raised by parties Initial proceedings
AWU Note an interest. Referral to Ross J for
conference and report back
to the Full Bench
CFMEU Note an interest.
AWU Note an interest.
AMWU Note an interest and note an intention to pursue amendments to classifications following
a change in the relevant legislation.
Ai Group Note an interest.
Professional Diving Industry (Industrial) Award 201038
Interested
parties
Issues raised by parties Initial proceedings
AWU Note an interest. Referral to Ross J for
conference and report back
to the Full Bench
CFMEU Note an interest.
AWU Note an interest.
AMMA Note an interest.
23
Professional Diving Industry (Recreational) Award 201039
Interested
parties
Issues raised by parties Initial proceedings
AWU Note an interest. Referral to Ross J for
conference and report back
to the Full Bench
AFEI Note an interest and flagged possible amalgamation of this award and Marine Tourism
and Charter Vessels Award 2010.
24
Attachment C
Modern awards to be covered by the proposed ACTU common claim for apprentice
conditions of employment:
Airport Employees Award 2010
Aged Care Award 2010
Alpine Resorts Award 2010
Aluminium Industry Award 2010 *
Amusement, Events and Recreation Award 2010
Black Coal Mining Industry Award 2010 *
Cemetery Industry Award 2010
Children's Services Award 2010
Coal Export Terminals Award 2010
Dry Cleaning and Laundry Industry Award 2010
Educational Services (Schools) General Staff Award 2010
Food, Beverage and Tobacco Manufacturing Award 2010
Gardening and Landscaping Services Award 2010
Gas Industry Award 2010 *
General Retail Industry Award
Hair and Beauty Industry Award 2010
Health Professionals and Support Services Award 2010
Higher Education Industry – General Staff – Award 2010
Hospitality Industry (General) Award 2010
Hydrocarbons Industry (Upstream) Award 2010 *
Local Government Industry Award 2010
Meat Industry Award 2010 *
Mining Industry Award 2010 *
Miscellaneous Award 2010
Nursery Award 2010
Oil Refining and Manufacturing Award 2010 *
Port Authorities Award 2010
Racing Industry Ground Maintenance Award 2010
Rail Industry Award 2010 *
Registered and Licensed Clubs Award 2010
Restaurant Industry Award 2010
Salt Industry Award 2010 *
Stevedoring Industry Award 2010 *
Textile, Clothing, Footwear and Associated Industries Award 2010 *
Timber Industry Award 2010 *
Water Industry Award 2010
Wine Industry Award 2010
(*) denotes Group 1 awards in the 2014 award review.
25
1 [2014] FWCFB 1788.
2 MA000016.
3 MA000010.
4 MA000088.
5 MA000025.
6 MA000020.
7 MA000054.
8 MA000098.
9 MA000022.
10 MA000106.
11 MA000104.
12 MA000024.
13 MA000003.
14 MA000104.
15 MA000060.
16 MA000055.
17 MA000056.
18 MA000057.
19 MA000037.
20 MA000107.
21 MA000059.
22 MA000069.
23 MA000074.
24 MA000017.
25 MA000071.
26 MA000029.
27 MA000089.
28 MA000044.
29 MA000001.
30 MA000011.
31 MA000072.
32 MA000015.
33 MA000053.
34 MA000061.
35 MA000062.
36 MA000093.
37 MA000086.
38 MA000108.
39 MA000109.
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000109/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000108/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000086/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000093/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000062/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000061/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000053/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000015/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000072/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000011/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000001/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000044/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000089/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000029/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000071/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000017/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000074/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000069/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000059/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000107/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000037/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000057/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000056/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000055/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000060/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000104/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000003/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000024/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000104/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000106/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000022/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000098/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000054/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000020/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000025/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000088/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000010/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000016/default.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2014fwcfb1788.htm
