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Fair Work Act 2009
s.156 - 4 yearly review of modern awards
Vehicle Manufacturing, Repair, Services and Retail Award 2010
(AM2014/93)
VICE PRESIDENT HATCHER
SENIOR DEPUTY PRESIDENT O’CALLAGHAN
COMMISSIONER CRIBB SYDNEY, 2 NOVEMBER 2015
[1] This Full Bench was previously allocated a number of substantive issues concerning
the exposure draft for the Vehicle Manufacturing, Repair, Services and Retail Award 20101
(VMRSR Award) for determination. Written submissions have been received from interested
parties about these issues, and a hearing was conducted on 10 August 2015.
[2] At the hearing, it became apparent that the VMRSR Award, both in its current form
and in the exposure draft, was unduly complex and difficult to understand. We consider that,
to a significant degree, this difficulty is the result of the inclusion of disparate industry sectors
within the same award. In particular, the inclusion of the vehicle manufacturing sector in the
VMRSR Award, which is otherwise concerned with employment in the retail and service
sectors, causes significant problems in the drafting and structure of the VMRSR Award.
[3] We have provisionally formed the view that the vehicle manufacturing sector should
be removed from the VMRSR Award. Because the current award conditions for that sector
are highly compatible with the conditions contained in the Manufacturing and Associated
Industries and Occupations Award 20102 (Manufacturing Award), our provisional view is
that the vehicle manufacturing sector should be placed within that Award.
[4] We intend to prepare and have published a new exposure draft of the VMRSR Award
which, on a provisional basis, will:
(1) not contain the vehicle manufacturing sector;
(2) be re-drafted in simpler language and with a simpler structure; and
(3) deal with the issues the subject of argument at the hearing on 10 August 2015.
[5] A new exposure draft of the Manufacturing Award incorporating the vehicle
manufacturing sector will also be published.
1 MA000089
2 MA000010
[2015] FWCFB 7275
STATEMENT
E AUSTRALIA FairWork Commission
[2015] FWCFB 7275
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[6] Once the new exposure drafts are published, we will issue directions pursuant to which
interested parties will have the opportunity to make submissions concerning the exposure
drafts. We will also conduct a further hearing if the parties’ submissions indicate that there are
significant issues concerning the exposure drafts which require determination.
VICE PRESIDENT
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OF THE FAIR WORK MISSION THE
