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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 LEE
MELBOURNE, 15 JUNE 2016
4 yearly review of modern awards – common issue – award flexibility – time off in lieu of
payment for overtime – Resource Industry and Maritime modern awards
[1] The purpose of this Statement is to advise how the Full Bench proposes to deal with
the inclusion of the model time off instead of payment for overtime provision (the model
term) in the Resource Industry and Maritime moderns awards listed in paragraph [2] below.
[2] On 4 December 2015 the Full Bench issued a Statement1 referring the following
awards to Deputy President Kovacic for conference.
Resource Industry modern awards
Hydrocarbons Industry (Upstream) Award 2010
Mining Industry Award 2010
Oil Refining and Manufacturing Award 2010
Salt Industry Award 2010
Maritime modern Awards
Marine Towage Award 2010
Ports, Harbours and Enclosed Water Vessels Award 2010
Professional Diving Industry (Industrial) Award 2010
Dredging Industry Award 2010
[3] The Deputy President convened conferences of the parties on 1 March and 25 May
2016. Arising from those conferences it is clear that there is no agreement regarding the
inclusion of the model term in the Resource Industry modern awards listed above. The
Australian Mines and Metals Association (AMMA) submitted that the current provisions in
the Resource Industry modern awards should remain unaltered. The Australian Workers’
Union (AWU) stated that there were no industry specific reasons for not including the model
term in those awards. The Australian Manufacturing Workers’ Union (AMWU) endorsed the
AWU’s view.
[2016] FWCFB 3857
STATEMENT
E AUSTRALIA FairWork Commission
[2016] FWCFB 3857
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[4] As to the Maritime modern awards, Maritime Industry Australia Limited (MIAL),
AMMA, the Maritime Union of Australia (MUA) and the AWU agree that the model term
should not be inserted in those awards. At the conference of 25 May 2016, the Deputy
President highlighted that the Ports, Harbours and Enclosed Water Vessels Award 2010
currently includes a provision dealing with time off instead of overtime and inquired as to
why in those circumstances it should not be replaced by the model term determined by the
Full Bench. In short, both MIAL and the MUA contended that the existing award provision
was operating effectively, with the MIAL also contended that the model term carried with it
an additional regulatory burden which was not necessary in this case.
[5] Against this background we invite interested parties to make any further submissions
on the above awards by 4pm on Thursday 30 June 2016 and indicate whether they wish to
be heard on their submissions. Submissions are to be sent to AMOD@fwc.gov.au. In the
absence of any further submissions, the Full Bench will determine the matter based on the
material before it.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code A, PR581569
1 [2015] FWCFB 8412
mailto:AMOD@fwc.gov.au
