1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Pastoral Industry Award 2010
(AM2014/239)
JUSTICE ROSS, PRESIDENT SYDNEY, 24 JULY 2017
4 yearly review of modern awards —Pastoral Industry Award 2010.
[1] This Statement deals with an issue arising from the review of the Pastoral Industry
Award 2010 (the Pastoral Award) as part of the award stage of the 4 yearly review of modern
awards.
[2] A conference was held with interested parties on 24 July 2017 to address the intended
operation of clauses 17.2(c)(ii) and 36.10 of the Pastoral Award, along with similar issues
arising under clauses 10.2(d) and 32.7 of the exposure draft.
[3] In a decision1 issued relating to a number of Group 3 awards (including the Pastoral
Award), the Full Bench considered that the clauses in question may need to be redrafted to
clearly specify the circumstances in which an employee is entitled to a meal allowance (i.e.
after a specified number of hours of overtime work, such as two hours overtime) and any
further meal allowance (such as working a further two hours overtime). To assist parties, an
attachment summarising the overtime meal allowance provisions in modern awards was
published with the decision2.
[4] A transcript from the conference held on 24 July 2017 is available on the
Commission’s website. Further to the conference, it is directed that:
A. In relation to clause 17.2(c)(ii) of the Pastoral Award, there is general agreement
amongst the parties that the initial meal allowance is payable after a period of two
hours. The issue in dispute appears to be at the time at which the second meal
allowance would be payable.
On or before 4.00 pm on Monday 14 August 2017 interested parties are to file written
submissions in relation to the intended operation of clause 17.2(c)(ii) of the Pastoral
Award, in particular when the second meal allowance is payable.
B. In relation to clause 36 of the Pastoral Award, it appears there is general agreement
that the clauses dealing with meal allowance provisions are apt to cause confusion and
that there is tension between 36.5, 36.10 and 36.11.
[2017] FWC 3883
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/24072017_am2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-pastoral-further-revised-170717.pdf
[2017] FWC 3883
2
On or before 4.00 pm on Monday 14 August 2017 interested parties are to file written
submissions in relation to the operation of the meal allowances provisions in clause
36, in particular the provisions contained at 36.5, 36.10 and 36.11.
C. Clauses 10.2(d) and 32.7 of the exposure draft raise similar issues to those
canvassed above at A and B. On or before 4.00 pm on Monday 14 August 2017
interested parties are to file written submissions in relation to the operation of clauses
10.2(d) and 32.7 of the exposure draft.
D. On or before 4.00 pm on Monday 28 August 2017 interested parties are to file
written submissions in reply to the issues canvassed at A–C above.
E. Following the filing of written submissions the Full Bench intend to decide the
matter on the papers. If any party wants to request an oral hearing they are to do so in
writing by no later than 4.00 pm on Wednesday 30 August 2017.
F. Liberty to apply.
G. All submissions are to be filed in writing to amod@fwc.gov.au
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code A, PR594806
1 [2017] FWCFB 3433
2 See Attachment D of [2017] FWCFB 3433
mailto:amod@fwc.gov.au
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-pastoral-further-revised-170717.pdf
