1
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, 24 DECEMBER 2015
Vehicle Manufacturing, Repair, Services and Retail Award 2010.
[1] On 2 November 2015 we issued a Statement1 in respect of the Vehicle Manufacturing,
Repair, Services and Retail Award 20102 (VMRSR Award) in which we indicated among
other things that:
(1) we had formed the provisional view that the vehicle manufacturing sector
should be removed from the VMRSR Award and placed within the
Manufacturing and Associated Industries and Occupations Award 20103
(Manufacturing Award);
(2) we would issue new exposure drafts of the VMRSR Award and the
Manufacturing Award in a form consistent with this provisional view;
(3) once the new exposure drafts were published, we would issue directions
pursuant to which interested parties would have the opportunity to make
submissions concerning the exposure drafts; and
(4) if the submissions indicated there were significant issues with the exposure
drafts, we would conduct a further hearing.
[2] Since that Statement was issued, the Commission has received correspondence from
the Victorian Automobile Chamber of Commerce and the Motor Trades Associations of New
South Wales, South Australia and Western Australia, and the Australian Manufacturing
Workers’ Union, requesting that the matter be relisted prior to the issue of the new exposure
drafts for a further hearing. This request was based on a concern that the parties had not been
1 [2015] FWCFB 7275
2 MA000089
3 MA000010
[2015] FWCFB 8979
STATEMENT
E AUSTRALIA FairWork Commission
[2015] FWCFB 8979
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afforded the opportunity to address, as a threshold issue, the provisional view expressed in the
Statement of 2 November 2015.
[3] The concern so expressed is misplaced because the Statement clearly contemplated
that the parties would have an opportunity to advance submissions challenging the provisional
view that we have formed and advocating for a maintenance of the status quo or for some
other course to be taken. Accordingly we do not intend to relist the matter prior to the issue of
the new exposure drafts. We consider that any consideration of the appropriate course to be
taken will proceed more expeditiously and on a better informed basis if the parties have
available to them the new exposure drafts at the time they make submissions. That will, for
example, enable them to identify any detriments to employers or employees which may result
if the provisional view were to be implemented.
[4] However because the correspondence referred to clearly foreshadows that there will be
significant opposition to the adoption of the provisional view, we consider that it will be
necessary to conduct a further hearing in the matter. That hearing will occur on 19 and
20 April 2016 in Melbourne.
[5] On an indicative basis only, the program for the matter will broadly be as follows:
(1) End of January 2016: issue of exposure of drafts.
(2) Mid-March 2016: parties to file evidence and submissions.
(3) First week of April 2016: parties to file any evidence and submissions in reply.
[6] Formal directions and the notice of listing for the hearing will be issued at the same
time as the new exposure drafts are issued.
VICE PRESIDENT
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