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
DEPUTY PRESIDENT KOVACIC
COMMISSIONER HAMPTON MELBOURNE, 31 JULY 2015
4 yearly review of modern awards - common issue - annual leave.
[1] A hearing is scheduled for 10.00 am on Friday 7 August 2015 in relation to the above
matter. The hearing will deal with the following matters:
(i) The terms of the provisional excessive annual leave model term;
(ii) Issues in relation to the terms of the model terms in respect of the cashing out of
annual leave, leave in advance;
(iii) Purchased Leave; and
(iv) A number of specific issues in relation to particular draft determinations (see
paragraphs 52–90 of the attached summary of submissions).
[2] In relation to purchased leave we note that none of the submissions filed support the
development of a model term dealing with purchased leave. At this stage our provisional view
is that any proposal in respect of purchased leave will be dealt with on an award by award
basis, during the award stage of the review. Any interested party who wishes to advance a
different view to the one we have provisionally expressed should attend the hearing on
7 August 2015 and make oral submissions in support of the course for which they contend.
[3] A draft summary of the submissions relating to matters (i), (ii), (iii) and (iv) in
paragraph 1 above is attached to this Statement. Parties will be invited to comment on the
draft summary and the submissions made by other parties, and to address the questions
contained within it at the hearing on 7 August 2015.
[4] We note that a number of parties1 have made submissions regarding whether particular
modern awards should be varied to insert model terms.
1 Ai Group, AAA, AHA, AHEIAAIS, AMMA & MIAL, APTIA, ARA, ASMOF, CAI, IEU, Group of Eight Universities,
MPA, NFF, MTA
[2015] FWCFB 5219
STATEMENT
E AUSTRALIA FairWork Commission
[2015] FWCFB 5219
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[5] The submissions made are directed at the following awards:
Dredging Industry Award 2010
Educational Services (Teachers) Award 2010
Educational Services (Schools) General Staff Award 2010
General Retail Industry Award 2010
Graphic Arts, Printing and Publishing Award 2010
Higher Education Industry- Academic Staff- Award 2010
Higher Education Industry- General Staff- Award 2010
Horticulture Award 2010
Hospitality Industry (General) Award 2010
Marine Towage Award 2010
Maritime offshore Oil and Gas Award 2010
Medical Practitioners Award 2010
Passenger Vehicle Transportation Award 2010
Pastoral Award 2010
Plumbing and Fire Sprinklers Award 2010
Ports, Harbours and Enclosed Water Vessels Award 2010
Professional Diving (Industrial) Industry Award 2010
Registered and Licensed Clubs Award 2010
Restaurant Industry Award 2010
Seagoing Industry Award 2010
Vehicle Manufacturing Repair, Services and Retail Award 2010
Wine Industry Award 2010
[6] The hearing on 7 August 2015 will not be dealing with the submissions referred to at
paragraphs 4 and 5 above. These matters will be dealt with at a hearing to be held on
Wednesday, 30 September 2015. Further directions will be issued in relation to this hearing in
due course.
[7] We have decided to split the hearings in the manner outlined so that the terms of the
various model terms are finalised prior to any consideration of the insertion of those model
terms into the particular modern awards identified in paragraph 5.
PRESIDENT
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