1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards–Award flexibility
(AM2014/300)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT KOVACIC
COMMISSIONER ROBERTS MELBOURNE, 4 DECEMBER 2015
4 yearly review of modern awards - common issue - award flexibility - time off in lieu of
payment for overtime.
[1] The purpose of this statement is to inform interested parties as to the matters which
will be dealt with during the Award Flexibility hearing on 10 December 2015 and how the
Full Bench proposes to deal with the remaining issues.
[2] On 16 July 2015 a decision was issued1 (the July decision) setting out a provisional
model term regarding time off in lieu of payment for overtime (TOIL). After providing
interested parties with a further opportunity to be heard, the model TOIL term was finalised in
a decision issued 6 October 20152 (the October decision).
[3] Directions3 were issued on 6 October 2015 stating that draft determinations would be
published on the Fair Work Commission website for comment. The draft determination dealt
with the proposed variation of the 113 modern awards listed in Attachment F to the July
decision (the Directions) to include the model TOIL term. Draft determinations4 were
published on the Fair Work Commission website on 16 October 2015.
[4] In accordance with the Directions a number of parties filed submissions and
submissions in reply. Attachment A contains a list of the submissions received.
[5] The submissions filed fall into two broad categories: general submissions and award
specific submissions. General submissions were made by the Australian Industry Group (Ai
Group) and Australian Business Industrial and the New South Wales Chamber (jointly ABI)
and a number of submissions were filed in reply to the Ai Group and ABI submissions, by the
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as
the Australian Manufacturing Workers’ Union (AMWU), AMWU—Vehicle Division, The
1 [2015] FWCFB 4466
2 [2015] FWCFB 6847
3 Directions 6 October 2015.
4 Schedule of draft determinations, 16 October 2015.
[2015] FWCFB 8412
STATEMENT
E AUSTRALIA FairWork Commission
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/Award-flex-Schedule-draft-determinations.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-dirs-061015.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-dirs-061015.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB6847.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB4466.htm
[2015] FWCFB 8412
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Australian Workers’ Union (AWU) and the Textile, Clothing and Footwear Union of
Australia (TCFUA).
[6] Award specific submissions were made in relation to a number of modern awards.
These submissions can be grouped into four broad categories.
(i) Resource Industry modern awards
The Australian Mines and Metals Association (AMMA) made submissions in respect
of the following resource industry awards:
Hydrocarbons Industry (Upstream) Award 2010
Mining Industry Award 2010
Oil Refining and Manufacturing Award 2010
Salt Industry Award 2010
(ii) Maritime modern awards
The Australian Mines and Metals Association (AMMA) and Maritime Industry
Australia Limited (MIA) made submissions in respect of the following maritime
industry awards:
Marine Towage Award 2010;
Ports, Harbours and Enclosed Water Vessels Award 2010;
Professional Diving Industry (Industrial) Award 2010; and
Dredging Industry Award 2010;
[We note that AMMA also made submissions in relation to the Maritime Offshore Oil
and Gas Award 2010 and Seagoing Industry Award 2010. These awards were not
included in Attachment F to the July decision and absent any submission to the
contrary it is not intended that they be varied to include the model TOIL provision.]
(iii) Higher Education Industry—General Staff—Award 2010
The Group of Eight Universities made submissions in relation to the Higher Education
Industry—General Staff—Award 2010.
(iv) Other
Horticulture Award 2010
Live Performance Award 2010
Medical Practitioners Award 2010
Pastoral Award 2010
Social, Community, Home Care and Disability Services Award 2010
[7] The awards set out at (i), (ii) and (iii) in paragraph [6] above will not be the subject of
the 10 December proceedings. We propose to deal with those awards in the following way:
(i) The Resources and Maritime awards (set out at (i) and (ii) in paragraph [6]) will be
referred to Deputy President Kovacic for conference. The purpose of such
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB4466.htm
[2015] FWCFB 8412
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conferences is to facilitate discussion between the parties to identify common
positions and provide more clarity around any issues in contention.
(ii) The Higher Education Industry—General Staff—Award 2010 will be referred to
the Full Bench that has been constituted to deal with the substantive claims in the
education sector in AM2015/6, consistent with the approach the Commission took
in dealing with the Annual leave common issue.
[8] In view of the process set down in paragraph [7] there is no need for the parties who
have made award specific submissions in relation to the resources modern awards (see [6](i)),
the maritime modern awards (see [6](ii)) and the Higher Education Industry – General Staff –
Award 2010, to attend the hearing on 10 December 2015.
[9] Submissions in relation to ‘other awards’ in paragraph [6](iv), and the general
submissions referred to in paragraph [5], will be dealt with at the Full Bench hearing on
Thursday, 10 December 2015. At the hearing parties will be given an opportunity to make
oral submissions in relation to the general submissions filed and about ‘other’ awards set out
at paragraph [6](iv) above. A proposed schedule for those proceedings is at Attachment B.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code C, PR574728
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000006?m=AM2014/229
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Attachment A—List of submissions
Organisation Document Date
Australian Entertainment
Industry Association
Submission—Live Performance Award 2010 9/11/15
Australian Municipal,
Administrative, Clerical
and Services Union
Submission—Social, Community, Home Care and
Disability Services Industry Award 2010
9/11/15
Australian Mines and
Metals Association Inc
and Maritime Industry
Association Limited
Submission—Multiple maritime industry awards 9/11/15
Australian Mines and
Metals Association Inc
Submission—Multiple resource industry awards 9/11/15
Australian Industry
Group
Submission—general submission—multiple
awards
9/11/15
National Farmers’
Federation
Submission—Multiple awards 9/11/15
Australian Salaried
Medical Officers’
Federation
Submission—Medical Practitioners’ Award 2010 10/11/15
Health Services Union of
Australia
Submission—Medical Practitioners’ Award 2010 11/11/15
Group of Eight
Universities
Submission—Higher Education—General Staff—
Award 2010
12/11/15
National Tertiary
Education Union
Submission in reply—Higher Education—General
Staff—Award 2010
30/11/15
Australian Workers’
Union
Submission in reply—Agriculture group 30/11/15
Australian
Manufacturing Workers
Union – Vehicle division
Submission in reply—General submission and
multiple awards
30/11/15
Australian
Manufacturing Workers
Union
Submission in reply—General submission and
multiple awards
30/11/15
Textile, Clothing and
Footwear Union of
Australia
Submission in reply—General submission and
multiple awards
30/11/15
Australian Business
Industrial and NSW
Business Chamber
Submission in reply—General submission and
multiple awards
2/12/15
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-abiandanor-021215.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-TCFUA-301115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-AMWU-301115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-AMWU-Vehicle-301115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-AWU-301115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-nteu-301115.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014300-sub-eightunis-121115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-HSU-11115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-ASMOF-10115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014300-sub-NFF-091115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-AIG-091115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-AMMA-091115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014300-sub-AMMAandors-091115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014300-sub-ASU-091115.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014300-sub-AEIA-091115.pdf
[2015] FWCFB 8412
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Attachment B—Proposed schedule for Hearing
This matter is listed before the Full Bench at 9.30 am on Thursday 10 December 2015.
This submissions will be dealt with in accordance with the following schedule:
Time Group/Awards
9.30 am Ai Group general submission (and submissions in reply by AMWU, AMWU –
Vehicle division, TCFUA and ABI) and any other interested party who wishes
to make an oral submission in relation to matters raised by the Ai Group.
Not before
10.30 am Medical Practitioners Award 2010
10.45 am Social, Community, Home Care and Disability Services Award 2010
11.00 am Live Performance Award 2010
11.15 am Horticultural Award 2010 and Pastoral Award 2010
11.45 am Any other award specific submissions (other than those relevant to the Statement at
paragraph [7]).
