Four yearly review of modern awards - [2017] FWCFB 4447

1

Fair Work Act 2009 
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Plain language re-drafting—Tranche 2 

awards
(AM2016/15)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT MELBOURNE, 28 AUGUST 2017

4 yearly review of modern awards—Plain language re-drafting—Tranche 2 awards.

Background 

[1] Section 156(2)(a) of the Fair Work Act 2009 (Cth) (the Act) requires the Commission
to review all modern awards every four years (the Review).

[2] This Full Bench has been constituted to oversee a number of plain language projects as 
part of the Review.1  These projects include the development of Guidelines for plain language 
redrafting of modern awards, the selection of particular awards to be reviewed as part of the 
plain language project,2 a review of the National Training Wage Schedule and other 
Schedules3 and changes to the structure of exposure drafts developed as part of the Award 
Stage of the Review. 

[3] On 22 September 2015, the Commission issued a Statement4 establishing a pilot to 
produce a plain language draft of the Pharmacy Award. The purpose of the pilot was to create 
a plain language exposure draft which was simpler and easier for employees and employers to 
understand than the current Award.5 A report on the pilot presented results of user testing 
research, concluding that the overall reception to the plain language draft was positive. 

[4] In a Statement of 6 May 2016,6 the Commission proposed to prepare plain language 
drafts of award-specific clauses in four other modern awards:

 Clerks – Private Sector Award 2010;
 General Retail Industry Award 2010;
 Hospitality Industry (General) Award 2010; and
 Restaurant Industry Award 2010.

[5] The selection of the first tranche of modern awards to be redrafted in plain language 
was based on an assessment of the level of award reliance among employers and employees in
the industries covered by the instruments. Particular weight was given to award reliance 
among small businesses (those with fewer than 20 employees) on the basis that these entities

[2017] FWCFB 4447

DECISION


E AUSTRALIA FairWork Commission




 

https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014209-report-plainlanguage-fwc-210416.pdf


[2017] FWCFB 4447

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are less likely to have a dedicated internal human resources function to assist with the 
interpretation of awards. 

[6] In a Statement7 of 27 March 2017 (the March statement) the Commission proposed 
that a further 10 modern awards would be drafted in plain language. The awards proposed for 
inclusion the second tranche of modern awards for plain language re-drafting are:

 Aged Care Award 2010 (Aged Care Award);
 Building and Construction General On-site Award 2010 (Building On-site Award);
 Children’s Services Award 2010 (Children’s Services Award);
 Cleaning Services Award 2010 (Cleaning Award);
 Fast Food Industry Award 2010 (Fast Food Award);
 Hair and Beauty Industry Award 2010 (Hair and Beauty Award);
 Manufacturing and Associated Industries and Occupations Award 2010

(Manufacturing Award);
 Security Services Industry Award 2010 (Security Award);
 Social, Community, Home Care and Disability Services Industry Award 2010

(SCHADS Award); and
 Vehicle Manufacturing, Repair, Services and Retail Award 2010 (Vehicle Award).

[7] In selecting these modern awards we took into consideration the following factors:

 industries or subsectors identified by the Fair Work Ombudsman as having high 
levels of non-compliance;

 award reliance survey data regarding modern awards used by small businesses;
 the resources available to the Commission; and
 current public interest.

[8] Interested persons were invited to comment on the selection of modern awards 
proposed for inclusion in the second tranche of plain language re-drafting. Submissions were 
received from:

 Australian Council of Trade Unions (ACTU);
 Australian Industry Group (Ai Group) and Shop, Distributive and Allied Employees’ 

Association (SDA);
 Aged Care Employers (ACE);
 Australian Security Industry Association Limited (ASIAL);
 Australian Services Union (ASU);
 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union 

known as the Australian Manufacturing Workers Union (AMWU);
 Health Services Union (HSU);
 Housing Industry Association (HIA);
 Joint Construction submission (on behalf of Ai Group; Construction, Forestry, 

Mining and Energy Union (CFMEU); AMWU; Communications, Electrical, 
Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of 
Australia (CEPU));

 Joint Manufacturing submission (on behalf of Metal Trades Federation of Unions 
(MTFU); Ai Group; The Australian Workers’ Union (AWU); CFMEU; National 
Union of Workers (NUW) and United Voice);








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 Joint Vehicle submission (on behalf of Motor Trades Organisations (MTO); Ai 
Group, AMWU and SDA);

 Jobs Australia;
 Master Builders Australia (MBA); and
 United Voice.

[9] This decision finalises the second tranche of modern awards to be included in the plain 
language project and the sequencing of the redrafting process. Before turning to the award 
specific submissions we propose to deal with a general, jurisdictional, submission advanced 
by the ACTU. 

General/Jurisdiction submission

[10] The ACTU was the only interested party to make a general submission regarding the 
proposed second tranche of modern awards.

[11] The ACTU contends that certain ‘threshold issues’ must be satisfied before a plain 
language redrafting exercise is conducted in a particular modern award. Specifically, it is 
submitted that it is arguable that one of two threshold requirements must be satisfied before 
the Commission can issue a determination to vary a modern award so as to republish it as a 
plain language redraft, or to vary any of its terms to reflect plain language redrafting. The two, 
alternate, threshold requirements posited are:

(i) a finding that the modern award does not achieve the modern awards objective; 
or

(ii) the identification of ambiguity, uncertainty or an error, such as to enliven the 
discretion to make a determination varying a modern award pursuant to s.160 of 
the Act.

[12] The finding at (i) is said to be a mandatory precondition – a jurisdictional fact – that 
must be satisfied before the Commission can exercise the power under s.156 to make a 
determination to vary a modern award in the course of the Review. The ACTU submits that ‘it 
is strongly arguable’ that in the context of the Review:

‘…the requisite finding to support any ultimate determination to vary a particular award so as to 
introduce plain-language redrafting is a finding at some point during the proceeding that the 
modern award is not simple, or not easy enough to understand, and its failings in this regard 
are significant enough to for it to be concluded that the award does not provide a fair and 
relevant safety net. This is a finding that is different in nature to a finding that award would be 
made more simple or made easier to understand if it were re-drafted in plain language.’8

[13] As to the alternate finding at (ii), the ACTU contends that the finding required to 
enliven the discretion to make a variation determination under s.160 is ‘not dissimilar’ to the 
nature of the finding required to vary an award in the course of the Review:

‘Whereas the essential question in the context of the Review is likely to be satisfied where it is 
concluded that the Award is likely to be misunderstood, the essential question in the context of 
an ambiguity or uncertainty is whether the relevant provision is capable of more than one 
meaning.’9








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[14] In short, the ACTU’s position is that the Commission should abandon the plain 
language redrafting of modern awards as part of the Review and, after the completion of the 
Review, plain language redrafting could proceed pursuant to s.160, either on the 
Commission’s own motion or responsive to an application. So much is apparent from the 
following extract of the ACTU’s submission:

‘Threshold issues must be satisfied before a plain language re-drafting exercise is conducted 
on a particular modern award. A proper application of the threshold requirements that apply to 
enliven discretion to vary an award under section 156 has not yet been undertaken. Either a 
proper application of that threshold or the application of the threshold governing the 
Commission’s own motion powers under section 160 would re-focus that plain language 
process on making corrections rather than improvements. However, the reliance on section 
160 (both on the Commission’s own motion and/or responsive to an application) would permit 
plain language drafting to proceed on a less condensed timetable and is preferred on that basis. 
A less condensed process could, for example, occur entirely after the Review and be response 
to the usability of the Modern Awards that have been refined through the exposure draft 
process undertaken in the review, rather than the Modern Awards as they are today.’10

[15] We reject the submission advanced on behalf of the ACTU. The argument put is 
misconceived, for three reasons.

[16] First, contrary to the ACTU’s submission the Act does not require the making of a 
finding that a ‘modern award is not simple, or not easy enough to understand, and its failings 
in this regard are significant enough for it to be concluded that the award does not provide a 
fair and relevant safety net’, before the award can be varied to introduce plain language 
redrafting. The submission put fails to appreciate the nature of the Commission’s task in the 
Review and misconstrues the modern awards objective.

[17] The modern awards objective applies to the performance or exercise of the 
Commission’s modern award powers, which are defined to include the Commission’s 
functions or powers under Part 2-3 of the FW Act. The Review function is set out in s.156, 
which is in Part 2-3 and so will involve the performance or exercise of the Commission’s 
modern award powers. It follows that the modern awards objective applies to the Review. 

[18] The modern awards objective is to ‘ensure that modern awards, together with the 
National Employment Standards, provide a fair and relevant minimum safety net of terms and 
conditions’, taking into account the particular considerations identified in sections 134(1)(a) 
to (h) (the s.134 considerations). The objective is very broadly expressed.11 The obligation to 
take into account the s.134 considerations means that each of these matters, insofar as they are 
relevant, must be treated as a matter of significance in the decision making process.12 No 
particular primacy is attached to any of the s.134 considerations and not all of the matters 
identified will necessarily be relevant in the context of a particular proposal to vary a modern 
award. 

[19] Further, it is not necessary to make a finding that a modern award fails to satisfy one 
or more of the s.134 considerations before an award may be varied in the Review.13 Generally 
speaking, the s.134 considerations do not set a particular standard against which a modern 
award can be evaluated; many of them may be characterised as broad social objectives. As the 
Full Court of the Federal Court said in National Retail Association v Fair Work Commission:








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‘[109] It is apparent from the terms of s 134(1) that the factors listed in (a) to (h) are broad 
considerations which the FWC must take into account in considering whether a modern award 
meets the objective set by s 134(1), that is to say, whether it provides a fair and relevant 
minimum safety net of terms and conditions.  The listed factors do not, in themselves, 
however, pose any questions or set any standard against which a modern award could be 
evaluated.  Many of them are broad social objectives.  What, for example, was the finding 
called for in relation to the first factor (“relative living standards and the needs of the low 
paid”)?  Furthermore, it was common ground that some of the factors were inapplicable to the 
SDA’s claim.

[110] The relevant finding the FWC is called upon to make is that the modern award either 
achieves or does not achieve the modern awards objective.  The NRA’s contention that it was 
necessary for the FWC to have made a finding that the Retail Award failed to satisfy at least 
one of the s 134(1) factors must be rejected.’ 14

[20] The above observation was recently cited, with approval, by the Full Court in CFMEU 
v Anglo American Metallurgical Coal Pty Ltd (‘Anglo American’).15 The Commission’s task 
in the Review was also the subject of consideration in Anglo American. In that matter the 
Court held:

‘The terms of s 156(2)(a) require the Commission to review all modern awards every four 
years.  That is the task upon which the Commission was engaged.  The statutory task is, in this 
context, not limited to focusing upon any posited variation as necessary to achieve the modern 
awards objective, as it is under s 157(1)(a).  Rather, it is a review of the modern award as a 
whole.  The review is at large, to ensure that the modern awards objective is being met: that 
the award, together with the National Employment Standards, provides a fair and relevant 
minimum safety net of terms and conditions.  This is to be achieved by s 138 – terms may and 
must be included only to the extent necessary to achieve such an objective.

Viewing the statutory task in this way reveals that it is not necessary for the Commission to 
conclude that the award, or a term of it as it currently stands, does not meet the modern award 
objective.  Rather, it is necessary for the Commission to review the award and, by reference to 
the matters in s 134(1) and any other consideration consistent with the purpose of the 
objective, come to an evaluative judgment about the objective and what terms should be 
included only to the extent necessary to achieve the objective of a fair and relevant minimum 
safety net.’16

[21] Second, the proposition that the finding required to enliven the discretion to make a 
variation determination under s.160 is ‘not dissimilar’ to the nature of the finding required to 
vary an award in the course of the Review is incorrect. For the reasons given above, the 
variation of an award in the Review does not require a finding that the award is not simple or 
easy to understand. Further, the consideration in s.134(1)(g) is expressed in quite different 
terms to the jurisdictional facts required to enliven the discretion under s.160.

[22] Third, the ACTU’s submission effectively invites the Commission to ignore the terms 
of s 134(1)(g) and to abandon the plain language redrafting of modern awards as part of the 
Review. Contrary to the ACTU’s position, we are not at liberty to ignore a matter we are 
required to take into account in giving effect to the modern awards objective in the context of 
the Review.

[23] We would also note that it is unnecessary for us to reach a concluded view at this stage 
in respect of the general propositions advanced in support of the ACTU’s position. This 








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decision is simply dealing with the finalisation of the second tranche of modern awards to be 
included in the plain language project and the sequencing of the redrafting project. 
Importantly, no decision has yet been taken as to whether it is necessary to vary any of the 
awards in the second tranche.  

[24] We now turn to the submissions directed at the inclusion of particular modern awards 
in the second tranche of the plain language redrafting project. 

Award specific submissions

[25] At the outset we note that a number of parties supported the inclusion of particular 
awards in the second tranche of the plain language drafting project. In particular ASIAL 
supports the inclusion of the Security Services Industry Award in the second tranche17 and 
HIA supports the inclusion of the Building On-site Award.18 MBA also acknowledged that 
there was merit in considering options to make the award more user-friendly.19

[26] We also note that United Voice agreed with the proposition that if the Cleaning Award
and the Security Award are to be included in the second tranche then they may be dealt with 
concurrently.20

[27] However, a number of parties opposed the inclusion of particular awards in the second 
tranche of the plain language re-drafting project. The submissions advanced can broadly be 
categorised as follows:

(i) Parties are under significant strain in terms of time and resources;

(ii) Parties are participating in a number of concurrent proceedings in the award 
stage (technical and drafting and substantive claims) and common issues
stage;

(iii) Parties are concerned there will be changes to the legal effect;

(iv) Re-drafting may not make modern awards simpler or easier to understand;

(v) No evidence of non-compliance in some of the awards affected;

(vi) Re-drafting will delay determination of awards resulting in an on-going 
unstable and unsustainable award system;

(vii) Awards are undergoing change and should have an opportunity to operate 
before further changes.

[28] As to the first two propositions, we acknowledge the resource implications of the 
Review on participating organisations, but that consideration cannot be determinative of the 
scope of the Review. 

[29] Section 156 imposes an obligation on the Commission to review all modern awards 
and each modern award must be reviewed in its own right. The Review is conducted on the 
Commission’s own motion and is not dependent upon an application by an interested party. 
Nor is the Commission constrained by the terms of a particular application.21 The 








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Commission is not required to make a decision in the terms applied for22 and, in a Review, 
may vary a modern award in whatever terms it considers appropriate, subject to its obligation 
to accord interested parties procedural fairness and the proper application of the relevant 
statutory provisions.

[30] Further, the nature of modern awards under the Act is quite different from awards 
under previous legislative regimes23 and they perform a very different function to that 
performed by awards of the past. As the Full Court of the Federal Court recently observed in
Anglo American:

‘It is of the essence to appreciate that a modern award is not an instrument the product of 
agreement, or conciliation and arbitration as representing all the terms and conditions of 
employment of identified employees. Rather, together with the National Employment 
Standards its purpose is to provide a fair and relevant minimum safety net of terms and 
conditions…’24

[31] There are no named respondents to modern awards. Modern awards apply to, or cover, 
certain persons, organisations and entities (see ss.47 and 48), but these persons, organisations 
and entities are not ‘respondents’ to the modern award in the sense that there were named 
respondents to awards in the past. The nature of this shift is made clear by s.158 which sets 
out who may apply for the making of a determination to make, vary or revoke a modern 
award. Under previous legislative regimes the named respondents to a particular award 
automatically had the requisite standing to make such applications; that is no longer the 
case.25

[32] A consequence of the shift in the nature and purpose of modern awards is that the 
weight to be given to the views of industrial organisations is, generally speaking, less now 
than it was previously. Further, as we have mentioned previously,26 an award should be able 
to be read by an employer or employee without needing a history lesson or a paid advocate to 
interpret how it is to apply in the workplace.

[33] For our part we wish to acknowledge the assistance which has been provided by 
industrial organisations (both employer organisations and unions) during the course of the 
Review. We value the participation of industrial organisations in the Review process and for
that reason we have had regard to the resource constraints of the interested parties in 
determining the sequencing of the plain language redrafting of the modern awards in tranche 
two. But such considerations provide no warrant for the exclusion of particular modern 
awards from this aspect of the Review.

[34] As to proposition (iii), the concern expressed is overstated and, in any event, can be 
addressed in the course of the plain language redrafting process. As we have made clear on a 
number of occasions the objective of the plain language project is to remove ambiguity, 
promote certainty and make awards simpler and easier to understand. We expect that one 
outcome of the plain language project will be the avoidance of future disputation by providing 
clarity about the rights and responsibilities of employers and employees covered by modern 
awards.

[35] The Commission will engage in a consultation process during the plain language 
project to ensure that the re-drafting process does not unintentionally alter the legal effect of 
any award term. In the event that a differently constituted Full Bench determines a substantive 
claim in relation to an award which is part of the plain language re-drafting project, then the 








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terms of any variation will be reviewed by this Full Bench. Such a review will not revisit the 
merits of the substantial matter which has been determined, nor will it alter the legal effect of 
that determination. 

[36] The concern reflected in proposition (iv) is also premature. As we have mentioned, no 
decision has yet been taken as to whether it is necessary to vary any of the awards in the 
second tranche. Whether or not the redrafting of a particular award (or a term within an 
award) means that it is simpler and easier to understand is a judgment that will be made at the 
appropriate time, after interested parties have been given an opportunity to comment on the 
proposed redraft. 

[37] As to proposition (v) we note the submissions that the Manufacturing Award and 
Vehicle Award have not been identified by the FWO as having high levels of non compliance 
and on this basis it is argued that there is no need to include these awards in the second 
tranche.

[38] However, as we have mentioned, the selection of the modern awards proposed for the 
second tranche took into consideration a range of factors. In the manufacturing industry, in 
10.4 per cent of small businesses up to half of employees were award-reliant and in 4 per cent 
of small businesses more than half of employees award reliant.27

[39] As to propositions (vi) and (vii), it is submitted that the plain language redrafting of 
the Aged Care Award and the SCHADS Award would extend the time before final awards are 
determined and operational. In respect of the Building On-site Award it is submitted that 
undertaking a plain language redrafting process would result in a further ‘state of flux’ which 
would be contrary to the need to have a stable modern award system. These submissions are 
unpersuasive. 

[40] The plain language redrafting project need not delay the implementation of other 
award variations arising from the Review. There is no reason why the drafting and technical 
variations, and any substantive variations, to the Aged Care and the SCHADS Awards cannot 
be implemented once finalised. Plain language drafting could then be considered in relation to 
the awards as varied. We return to this issue shortly.

[41] As to the submission in respect of the Building On-site Award we accept that the 
Review process may be said to create a ‘state of flux’ but, as we have mentioned, the 
Commission is required to conduct the Review, it is not an optional process.

[42] We have given consideration to the range of submissions advanced in respect of 
particular awards and, in particular, the resourcing constraints of the interested parties, and
have reached the following conclusions:

1. The Cleaning Award and the Security Award will be included in the second tranche 
and will be dealt with together.

2. The Fast Food Award and the Hair and Beauty Award will be included in the second 
tranche, but the plain language redrafting of these awards will not commence until the 
substantive claims in respect of these awards have been heard and determined.

We note that there are 15 outstanding substantive issues in relation to the Fast Food 
Award that have not yet been referred to a Full Bench.28 A summary of the outstanding 








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substantive issues is at Attachment A to this decision. A mention will be listed on 
Monday 11 September 2017 at 11.30 am during which parties are to confirm which 
of the substantive issues at Attachment A are pressed. The substantive issues will then 
be referred to a separate Full Bench.
We also note that there are 14 outstanding substantive issues in relation to the Hair 
and Beauty Award that have not yet been referred to another Full Bench.29 A summary 
of outstanding substantive issues is at Attachment B to this decision. A mention will 
be listed on Monday 11 September 2017 at 11.30 am during which parties are to 
confirm which of the substantive issues at Attachment B are pressed. The substantive 
issues will then be referred to a separate Full Bench.

3. Further consideration will be given to the inclusion of the Building On-site, 
Manufacturing and Vehicle Awards in the second tranche of the plain language project 
once the various substantive claims relating to these awards have been determined. 

4. We have decided to defer consideration of inclusion of the Aged Care, SCHADS and 
Children’s Services Awards in tranche 2 of plain language re-drafting project until 
completion of the technical and drafting issues and the substantive proceedings in 
respect of these awards. We note that all three of these awards have been subjected to 
numerous conferences and significant progress has been made.

In the Aged Care award stage proceedings, a revised exposure draft was published on 
10 July 2017 as a result of technical and drafting proceedings which are close to being 
finalised. A statement30 summarising the interested parties’ substantive claims was 
issued on 26 July 2017. A further conference will be held on 29 August 2017 to 
discuss substantive claims. 
In the SCHADS Award award stage proceedings, a report31 was published on 17 March 
2017 summarising the positions of the interested parties following conferences held in
the matter. Following a conference on 6 February, the majority of technical and 
drafting issues have been resolved. Submissions were received from interested parties 
regarding the substantive issues and as a result, a revised exposure draft was published 
on 13 July 2017. The parties have requested a conference to discuss substantive issues.
A conference will be listed to discuss substantive claims in September 2017. A 
coverage issue has been referred to a Full Bench for determination. 
In the award stage proceedings in respect of the Children’s Services Award a series of 
conferences has been held and number of submissions received. A revised exposure 
draft was published on 19 July 2017 and a report32 issued on 27 July 2017 
summarising the position of the interested parties in relation to technical and drafting 
issues. One technical and drafting issue remains to be dealt with on the papers. 
There are 16 outstanding substantive issues in relation to the Children’s Services 
Award. A summary of outstanding substantive issues is at Attachment C to this 
Decision. A mention will be listed on Monday 11 September 2017 at 11:30am
during which parties are to confirm which of the substantive issues in Attachment C 
are pressed. The substantive issues will then be referred to a Full Bench.
If we proceed with the plain language redrafting of these awards, the Aged Care and 
SCHADS Awards will be dealt with together.

[43] A provisional timetable outlining the next steps in first and second tranche awards is at 
Attachment D to this decision.

Remaining exposure drafts








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[44] The clauses in Group 4 exposure drafts were re-ordered in line with the structure set 
out at Attachment A to the Statement issued on 10 May 201633 (with one change to the 
placement of the redundancy provision). After considering comments received from interested 
persons regarding those awards and throughout the plain language processes we confirm that 
the preferred structure of awards is that set out at Attachment E to this decision. 

[45] Clauses in exposure drafts for those Group 1, 2 and 3 awards which have not been 
included in Tranche 1 or 2 of the plain language process will be re-ordered to comply as 
closely as possible to the structure set out at Attachment E to this decision. These changes 
will be applied to the majority of modern awards by the end of 2017 in accordance with the 
timetable at Attachment F.

[46] Additionally, some archaic or overly technical language will be replaced in accordance 
with chapter 6 of the Plain language Guidelines published on 20 June 2017. Examples of 
archaic language that will not be used includes the following:

‘the abovementioned’, ‘the aforementioned’, ‘the aforesaid’, ‘the said’

‘herein’, ‘hereinafter’, ‘hereinbefore’,

‘hereby’, ‘hereof’, ‘hereto’, ‘herewith’

‘thereby’, ‘therefor’, ‘therefrom’

‘therein’, ‘thereof’, ‘thereon’, ‘thereto’

‘thereupon’, ‘thereunder’, ‘thereunto’, ‘therewith’

‘whatsoever’, ‘whomsoever’, ‘whosoever’.

[47] All exposure drafts will be updated to incorporate the changes outlined above and also 
to incorporate the changes to the standard clauses as identified in the decision [2017] FWCFB 
4419.

[48] The exposure drafts will then be published for final comment before replacing the 
current awards in their entirety. 

PRESIDENT

Price code G, PR595630






https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-guidelines-200617.pdf


11

Attachment A—Summary of Submissions—Substantive issues—Fast Food Industry Award 2010

This table is a summary of proposed variations lodged for this award – updated 8 March 2017.

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S1. AIG Sub-2Mar15 4 Coverage
Seeks a May seek variation to coverage to 
avoid potential overlap with other awards. 

Page 6 Not being pursued, Sub-7-
Oct-16

S2. NRA Sub-2Mar15 8.1 Consultation
Vary clause to reflect historical award 
provisions. 

Point 4

S3. SDA Sub-2Mar15 11 Full-time employees
Seeks to include requirement for 
agreement in writing ‘at time of 
engagement on a regular pattern of work 
and requirements for variation of pattern 
of work’.

Point 4

Sub-3-Oct-16 Paras 5-6

S4. SDA Sub-2Mar15 11 Full-time employees
Seeks to include minimum shift of 4 
hours for full-time employees. Currently 
no minimum shift entitlement for full-
time employees. Proposes wording.

Point 5

Sub-3-Oct-16 Paras 7-9

S5. NRA Sub-2Mar15 12 Part-time employees
Vary clause to introduce flexibility in 
rostering part-time employees. 

Point 4 Referred to Part-time and  
Casual Full Bench in 
AM2014/196 and 
AM2014/197

S6. AIG Sub-2Mar15 13 Casual employment
Proposes that the minimum engagement 
period for casual employees be changed 
to 2 hours instead of 3 hours.

Page 6 Being dealt with by Part-
time and  Casual Full 
Bench in AM2014/196
and AM2014/197






https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014217andors-sub-AiG-020315.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014267andors-sub-NRA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014267andors-sub-NRA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-aig-071016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-aig-071016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014217andors-sub-AiG-020315.pdf


[2017] FWCFB 4447

12

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S7. NRA Sub-2Mar15 13.4 Casual employment
Reduce minimum shift engagement for 
casual employees from 3 hours to 2 hours. 

Point 4 Being dealt with by Part-
time and  Casual Full 
Bench in AM2014/196
and AM2014/197

S8. SDA Sub-2Mar15 19 Allowances
Seeks to insert new clause which will 
provide all fast food employees working 
at airports an allowance of $6.52 or with 
parking at the employer’s expense. 

Point 19 Not being pursued, Sub-3-
Oct-16

S9. NRA Sub-2Mar15 19.2(b) Allowances—special clothing
Vary clause to confirm its applicability to 
the dry cleaning of garments. 

Point 4

S9A. AIG Sub-7-Oct-16 19.2(b) Allowances—special clothing
Proposes laundry allowance be removed.

Para 8(a)

S10. SDA Sub-2Mar15 22 Payment of wages
Seeks to vary clause so that all wages 
shall be paid on a regular pay day within 
4 days of the end of the pay period. 

Point 6 Further submission, Sub-
3-Oct-16 – being dealt 
with as part of common 
issue AM2016/8

S11. SDA Sub-2Mar15 22 Payment of wages
Seeks to vary clause to require the 
employer to notify the employee in 
writing as to which day is the pay day and 
provide 4 weeks’ written notice if they 
wish to change the pay day.

Point 8 Further submission, Sub-
3-Oct-16 – being dealt 
with as part of common 
issue AM2016/8

S12. SDA Sub-2Mar15 25 Hours of work 
Award currently contains rostering 

Point 12






http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am20168-payment-wages
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am20168-payment-wages
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-aig-071016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014267andors-sub-NRA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014267andors-sub-NRA-020315.pdf


[2017] FWCFB 4447

13

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

Sub-3-Oct-16 provisions in the overtime clause which 
are not referred to in the hours of work 
clause. Proposes alternative wording.

Paras 11-15

S13. SDA Sub-2Mar15 25 Hours of work
Seeks to insert a maximum roster period 
of four weeks into Award.

Point 14

Sub-3-Oct-16 Paras 11-15

S14. SDA Sub-2Mar15 25 Hours of work
Seeks to insert a new provision which 
would ensure employees under 18 years 
of age are not permitted to work in a fast 
food establishment after 10pm on any 
night.

Point 28

Sub-3-Oct-16 Paras 33-35

S15. RCI Sub-4Dec14 25.5 Penalty rates
Party seeks the removal of late night 
penalties. 

Point 6 Being dealt with in 
AM2014/305 – Penalty 
rates. Decision handed 
down 23/02/17 – [2017] 
FWCFB 1001

S16. AIG Sub-2Mar15 25.5(a)(ii) Hours of work
Party notes the ambiguity in the 
application of the evening penalty and 
proposes end time of 5 am.

Page 7 Being dealt with in
AM2014/305 – Penalty 
rates. Decision handed 
down 23/02/17 – [2017] 
FWCFB 1001

Sub-7-Oct-16 Para 8(b)

S17. BSA Sub-2Mar15 25.5(a)(ii) Hours of work
Current clause does not indicate when the 
15% penalty rate ceases to apply. 

Page 9 Not being pursued as a 
substantive amendment, 
may be addressed as a 
technical and drafting 
issue, Sub-29-Sep-16

S18. FWO Sub-2Mar15 25.5(a)(ii) Hours of work
Current clause does not indicate when the 

Point 11 Being dealt with in
AM2014/305 – Penalty 






https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/am2014305-penalty-rates-case
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014217andors-corr-FWO-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014259andors-sub-bussa-290916.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014217andors-sub-bussa-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-aig-071016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb1001.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb1001.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/am2014305-penalty-rates-case
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014217andors-sub-AiG-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb1001.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb1001.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/am2014305-penalty-rates-case
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-RCI-041214.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf


[2017] FWCFB 4447

14

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

15% penalty rate ceases to apply. rates. Decision handed 
down 23/02/17 – [2017] 
FWCFB 1001

S19. AIG Sub-2Mar15 25.5(b) Hours of work –Saturday work
Reference to “span of hours” is 
unnecessary and confused – it should be 
deleted. 

Page 7

Sub-7-Oct-16 Para 8(c)

S20. FWO Sub-2Mar15 25.5(e) & 
26

Hours of work
Unclear how clauses 25.5(e) and 26 
interact. 

Point 12

S21. RCI Sub-4Dec14 26 Overtime
Seeks to reduce the over-time rate for
full-time, part-time and casual employees. 
Provides proposed percentages.

Point 7

S22. SDA Sub-2Mar15 26.5 Overtime
Seeks to insert wording to ensure that 
there is no ambiguity as to the payment of 
overtime for all permanent and casual 
employees performing work outside 
ordinary hours.

Point 15 Being dealt with by Part-
time and Casual Full 
Bench in AM2014/196
and AM2014/197Sub-3-Oct-16 Point 16

S23. AIG Sub-2Mar15 27.1 Breaks
Proposes greater flexibility should exist to 
allow for the applicable 10 minute break 
to be taken as a 2 x 5 minute rest break.

Page 7

Sub-7-Oct-16 Para 8(d)

S24. SDA Sub-2Mar15 28 Annual leave
Seeks to insert new clause, Blood and 
Bone Marrow Donor Leave. Proposed 
wording in submission.

Point 20 Being dealt with as part of 
AM2016/36

Sub-3-Oct-16 Paras 24-32






https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am201636-blood-bone
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-aig-071016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014217andors-sub-AiG-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-RCI-041214.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014217andors-corr-FWO-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-aig-071016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014217andors-sub-AiG-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb1001.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb1001.pdf


[2017] FWCFB 4447

15

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S25. SDA Sub-2Mar15 29 Personal/carer’s leave and 
compassionate leave
Party seeks to vary compassionate leave 
clause. Proposed wording in submission.

Point 16

Sub-3-Oct-16 Paras 17-19

S26. SDA Sub-2Mar15 30 Public holidays
Seeks to have a provision which would 
allow an employee who works public 
holidays to elect to be paid 150% and 
receive an equivalent day or time off in 
lieu of the penalty rate. 

Point 17

S27. SDA Sub-2Mar15 Schedule 
B 

Classifications
Seeks to insert wording to ensure that 
employees cannot be required to exhibit 
clothes or other fashion articles/ 
accessories of a revealing or indecent 
manner. 

Point 18

Sub-3-Oct-16 Paras 20-22






https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014267-sub-sda-031016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267-sub-SDA-020315.pdf


16

Attachment B—Summary of Submissions—Substantive issues—Hair and Beauty Industry Award 2010

This table is a summary of proposed variations lodged for this award – updated 8 March 2017.

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S1. NRA &
HBIA

Sub-2Mar15 8.1 Consultation regarding major 
workplace change
Seeks to vary clause to reflect historical 
award provisions. 

Point 6

S2. SDA Sub-2Mar15 11 Full-time employees
Seeks to vary clause to include ‘the 
requirement for agreement in writing at 
the time of engagement on a regular 
pattern of work’.

Point 4

Sub-3-Oct-16 Paras 5-6

S2A. SDA Sub-3-Oct-16 11 Full-time employees
Seeks to include a minimum shift of 4 
hours for full-time employees.

Paras 7-9

S3. NRA & 
HBIA

Sub-2Mar15 12 Part-time employees
Seeks to vary clause to introduce 
flexibility in rostering part-time 
employees. 

Point 6 Referred to Part-time and  
Casual Full Bench in 
AM2014/196 and 
AM2014/197

S3A. HABA Sub-13-Oct-16 12.8 Rosters
Seeks to delete this clause.

Draft 
determination 
Para 1

S4. BSA Sub-2Mar15 19.3 Minimum rates for pre-apprentices
No definition of a ‘pre-apprentice’; but
there are minimum rates for a pre-
apprentice. Party consulting further with 
members, may pursue a proposal to vary.

Page 10 Suggest that this may be a 
technical and drafting 
issue Sub-29-Sep-16, para 
6

S5. HABA Sub-2Mar15 19.5 Apprentice conditions of employment Para 2.9 Not being pursued, Sub-






https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-aig-131016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014271-sub-HABA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014259andors-sub-bussa-290916.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014217andors-sub-bussa-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-aig-131016.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267andors-sub-NRA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267andors-sub-NRA-020315.pdf


[2017] FWCFB 4447

17

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

Seeks variations to the apprentice 
structure as it relates to pay generally, 
entry level pay and adult apprentices. 

13-Oct-16

S6. FWO Sub-2Mar15 19.6, 19.7 
& 
Schedule 
D

Apprentices and trainees
No definitions for “trainee” and 
“graduate” – unclear how clause 19.6 
interacts with the trainee provisions 
separately set out under Schedule D and 
how to identify which employees should 
be regarded as a “graduate” under clauses 
19.6 and 19.7.

Point 22

S7. SDA Sub-2Mar15 21 Allowances—airport employees 
allowance
Seeks to insert new clause which will 
provide all retail employees working at 
airports with an allowance of $6.52 per 
day or shift or with parking at the 
employer’s expense.

Point 22 Not being pursued, Sub-3-
Oct-16, point 28

S8. SDA Sub-2Mar15 25 Payment of wages
Seeks to vary clause so that all wages 
shall be paid on a regular pay day within 
4 days of the end of the pay period.

Point 6 Further submission Sub-3-
Oct-16, being dealt with as 
part of common issue  
AM2016/8

S9. SDA Sub-2Mar15 29 Notification of rosters
Party seeks to amend this clause. 
Proposes wording in submission.

Point 13

Sub-3-Oct-16 Paras 11-13






https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am20168-payment-wages
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014217andors-corr-FWO-020315.pdfhttp:/www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014217andors-corr-FWO-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-aig-131016.pdf


[2017] FWCFB 4447

18

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S9A. HABA Sub-13-Oct-16 29 Notification of rosters
Seeks to delete existing clause 29.2, 
renumber existing clause 29.3, insert new 
clauses 29.3 and 29.4, renumber existing 
clauses 29.4 and 29.5. Proposes wording.

Draft 
determination 
Paras 3-6

S10. SDA Sub-2Mar15 29.4 Casual rate for evening/weekend work
Seeks to vary clause so the full casual 
loading for casual employees working 
weekends as it is currently absorbed by 
the weekend rates.

Point 17 Sub-3-Oct-16 noted this is 
being dealt with by Part-
time and Casuals Full 
Bench in AM2014/196
and AM2014/197

S11. SDA Sub-2Mar15 30 Rostering principles
Seeks to insert a provision for employees 
regularly working Sundays, to ensure that 
those employees are entitled to have three 
consecutive days off each four weeks 
which includes a Saturday or Sunday.
Proposes wording of clause.

Point 15

Sub-3-Oct-16 Paras 14-18

S12. NRA & 
HBIA

Sub-2Mar15 30 Rostering principles
Seeks to vary clause to address ambiguity 
and uncertainty around its application.

Point 6

S13.
S14.

HABA Sub-2Mar15 30.3 Rostering principles - Consecutive days 
off
Seeks to vary provision to allow 
employers and employees to mutually 
agree to a pattern of work in which the 
employee is not provided with two 
consecutive days each week or three 
consecutive days off in a two week 
period.

Paras 2.4 &
2.6

Items S13 and S14 in the 
summary of proposed 
variations published 24 
February 2016 have been 
combined into one item, as 
they relate to the same 
clause.






https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/summary-subs-group3and4-240216.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/summary-subs-group3and4-240216.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014271-sub-HABA-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014267andors-sub-NRA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-aig-131016.pdf


[2017] FWCFB 4447

19

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

Sub-13-Oct-16 Rostering principles
Substitute existing clauses 30.3(b) and 
(c). Proposed wording in submission.

Draft 
determination 
Paras 8-9

S15. SDA Sub-2Mar15 31 Overtime
Seeks to insert wording to ensure there is 
no ambiguity as to the payment of 
overtime for all permanent and casual 
employees performing work beyond 
ordinary hours. Seeks to also vary clause 
so double time is paid after 2 hours 
worked. 

Point 16

Sub-3-Oct-16 Paras 19-20

S16. SDA Sub-2Mar15
Sub-3-Oct-16

33 Annual leave—blood and bone marrow 
donor leave
Seeks to include a Blood and Bone 
Marrow Donor leave clause.

Point 23
Paras 29-37

Being dealt with as part of 
AM2016/36

S17. SDA Sub-2Mar15 34 Personal/carer’s leave and 
compassionate leave
Party seeks to vary compassionate leave 
clause. Proposed wording in submission.

Point 19

Sub-3-Oct-16 Paras 22-24

S19. SDA Sub-2Mar15 35 Public holidays
Seeks to vary clause so work on a public 
holiday is to be at the election of the 
employee and the insertion of a provision 
which would allow an employee who 
works on a public holiday to elect to be 
paid time and a half and receive 
equivalent day or time off in lieu.

Point 20






https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am201636-blood-bone
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-sda-031016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014271-sub-aig-131016.pdf


[2017] FWCFB 4447

20

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S20. SDA Sub-2Mar15 Schedule 
B

Classifications 
Seeks to insert into the Classification 
structure for all employees (Retail 
Employee Level 1 – 8) wording to ensure 
that employees cannot be required to 
exhibit clothes or other fashion 
articles/accessories of a revealing or 
indecent manner, as this is not part of 
retail duties and functions.

Point 21






https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014271-sub-SDA-020315.pdf


21

Attachment C—Summary of Submissions—Substantive issues—Children’s Services Award 2010

This table is a summary of proposed variations lodged for this award. This summary has been revised on 19 April 2017 to incorporate previously omitted 
submissions of various parties (shown in red font)

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S1 UV Sub-13Nov15 15 Allowances
Seek to include two allowances to reflect the 
change in legislation which have created new 
roles. A weekly allowance for an employee 
appointed as an educational leader and an 
hourly allowance for a responsible person 
physically present at a child care centre. 

Page 1 Withdrawn see sub-
6/10/16 para 9.

S2 G8E Sub-12Nov15 14 Minimum wages
Seeks to insert clause from Educational 
Services (Teachers) Award 2010 at 14.2. 
Proposes wording for clause in Corro-2/09/16.

Page 1

S3 An 
individual

Sub-11Nov15 Schedule 
B 

Classifications
Seeks to insert new classifications of 
Educational Leader as a result of the Education 
and Care Services National Regulations. Seek 
to insert qualifications for approved 
anaphylaxis management training.

Para 1-2

S4 An 
individual

Sub-11Nov15 15 Allowances
Seeks to insert allowances so the Responsible 
Person can be appropriately remunerated for 
additional responsibilities and duties. 

Para 3






https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-anindividual-121115.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-anindividual-121115.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-corr-g8ed-020916.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-G8Ed-121115.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014252-sub-uv-061016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014252-sub-uv-061016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014265andors-sub-UV-131115.pdf


[2017] FWCFB 4447

22

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S5 OSHC Sub-19Nov15 Schedule 
B

Classifications
Education and Care Services National 
Regulations are not new and would impose a 
significant cost per year, if introduced as a new 
classification.

Page 1-2

S6 UV Sub-3Mar15 4.1(d) Coverage
Seeks to vary clause to include Clerk Private 
Sector Award 2010.

Page 2 Moved to substantive 
issue summary as 
discussed. See Transcript 
Transcript 7/02/17
[PN98].

S7 AFEI Sub-5Mar15 10.4 Part-time employment
Seeks to vary clause so part-time employees 
may work up to 10 hours per day before 
overtime applies. Variation will ensure award 
is coherent. Provides wording in sub-4/10/16.

Point 1

S7A AFEI Sub-4Oct16 10.4(b) 
(ED)

Seeks variation to make it simpler to amend 
rosters of part-time employees. Provides 
wording in submission

Para 4-5

S8 BSA Sub-2Mar15 10.4(e) 
and 
10.5(e)

Casual employment
Seeks to clarify wording of clauses as they 
could cause confusion about the applicable pay 
requirements in relation to 23.4(e)

Page 9 Withdrawn see corro-
3/04/17. Submitted this 
item would be better dealt 
with under the technical 
and drafting matter. See 
also sub-29/09/16 para 2.4.

S9 BSA Sub-2Mar15 10.5(b) Casual employment
Clause currently only allows for casuals to be 
engaged if they are required for emergencies or 
relief purposes – party consulting further with 
members and may pursue a variation.

Page 8 Being dealt with by Part-
time and Casuals Full 
Bench in AM2014/196
and AM2014/197






https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014217andors-sub-bussa-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014259andors-sub-bussa-290916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-corr-bsa-030417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-corr-bsa-030417.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014217andors-sub-bussa-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014256andors-sub-afei-041016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014256andors-sub-afei-041016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014217andors-sub-AFEI-050315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/07022017-am2014263.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-UV-030315.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2014263-sub-OSHClub-191115.pdf


[2017] FWCFB 4447

23

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S10 CCSA Sub-2Mar15 10.5(d) Casual employment
Seeks to vary clause to reduce administrative 
complexity in the many small-to-medium 
enterprises – proposed wording in submission.

Page 3 Referred to Part-time and 
Casuals Full Bench in 
AM2014/196 and 
AM2014/197
Withdrawn – see sub-
30/09/16

S11 CCSA Sub-2Mar15 10.5(e) 
and 
23.2(a)

Casual employment
Seeks to remove casual loading when overtime 
rates are payable to casual employees. 

Page 3 Referred to Part-time and 
Casuals Full Bench in 
AM2014/196 and 
AM2014/197
Withdrawn – see sub-
30/09/16

S11A AFEI Sub-4Oct16 11.1 (ED) Casual employment
Proposes to remove the restriction on 
employing casuals for temporary and relief 
purposes. Provides wording.

Para 6-7

S12 ACSAE Sub-2Feb15 14 Minimum wages
Party seeks the insertion of junior rates into 
award. 

Para 3

S13 CCSA Sub-2Mar15 14.1 Minimum wages
Seeks an additional pay level for the 
classification of Support Worker Level 3 as a 
Level 3.2 and Level 3.3. 

Page 4 Withdrawn – see sub-
30/09/16

S14 UV Sub-3Mar15 15 Allowances
Seeks to insert new clause/allowance for 
training as there is no provision currently in the 
award for training.

Page 5






http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-UV-030315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014219andors-sub-CCSA-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-CMS-020215.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014256andors-sub-afei-041016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014219andors-sub-CCSA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014219andors-sub-CCSA-020315.pdf


[2017] FWCFB 4447

24

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S15 CCSA Sub-2Mar15 15 Allowances
Seeks introduction of allowances for a 
Nominated Supervisor, Educational Leader and 
Certified Supervisor. 

Page 4 Withdrawn – see sub-
30/09/16

S16 UV Sub-3Mar15 15 Allowances
Seeks the inclusion of a ‘Programming and 
Administrative’ tasks allowance for Children 
Service Employees that are required to perform 
additional programming and administrative 
duties in addition to their rostered hours.

Page 2

S17 CCSA Sub-2Mar15 15.1 Allowances—broken shift allowance
Seeks to clarify what constitutes a broken shift. 

Page 4 Withdrawn – see sub-
30/09/16

S18 BSA Sub-2Mar15 15.2(b) Allowances—clothing and equipment 
allowance
Seeks to vary clause to include a maximum 
allowance per week – suggests similar wording 
to the General Retail Industry and Pharmacy 
Award 2010.

Page 9 Withdrawn see corro-
3/04/17. See also sub-
29/09/16 para 2.2.

S19 UV Sub-3Mar15 15.2(b) Allowances—clothing and equipment 
allowance
Seeks to insert a note below clause – suggested 
wording in submission.

Page 3

S20 UV Sub-3Mar15 15.2(c)(e) Allowances—clothing and equipment 
allowance
Seeks to add the words ‘hat, sun protection 
(including sunscreen lotions)’ before the word 
‘goggles’.

Page 3






http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-UV-030315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-UV-030315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014259andors-sub-bussa-290916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014259andors-sub-bussa-290916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-corr-bsa-030417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-corr-bsa-030417.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014217andors-sub-bussa-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014219andors-sub-CCSA-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-UV-030315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014219andors-sub-CCSA-020315.pdf


[2017] FWCFB 4447

25

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S20A G8E Sub-12/11/15 16.2 Minimum wages 
Seeks to insert clause from Educational Services 
(Teachers) Award 2010 at 16.2 (clause 14.2 of 
current award). 

Page 1 Raised at hearing, may be 
a substantive issue. To be 
discussed at conference. 
See Transcript-6/12/16
[PN570-PN571]

Moved to substantive 
issues conference as 
discussed in Transcript 
7/02/17 [PN154]. 
Confirmed in report.

S21 CCSA Sub-2Mar15 18.1(e) Higher duties
Party proposes deleting this clause. 

Page 5 Withdrawn – see sub-
30/09/16

S22 CCSA Sub-2Mar15 18.1(e) Higher duties
Party proposes deleting this clause. 

Page 5 CCSA claim withdrawn –
see sub-30/09/16

S23 UV Sub-3Mar15 18.1(e) Seeks to delete clause or delete the phrase 
‘(including in-service training)’. 

Page 3

S24 CCSA Sub-2Mar15 20.5(b) Superannuation—absence from work
Seeks to delete clause as it create 
administrative complexity which works against 
the modern awards objective. It also 
contradicts the Superannuation Guarantee 
provisions.

Withdrawn – see sub-
30/09/16

S25 ABL Sub-2Mar15 21 and 10 Ordinary hours of work and rostering
Seeks to vary clause to provide employers with 
greater flexibility to change rosters other than 
with 7 days’ notice. 

Pg 1






http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-ACAandors-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014219andors-sub-CCSA-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-UV-030315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014219andors-sub-CCSA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-ccsa-300916.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014219andors-sub-CCSA-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014-263-draft-report-conf-170217.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/07022017-am2014263.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/07022017-am2014263.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20161206-am2014250andors.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-G8Ed-121115.pdf


[2017] FWCFB 4447

26

ITEM PARTY DOCUMENT CLAUSE 
(current 
award)

SUMMARY OF ISSUE THEIR 
REFERENCE

NOTES

S26 ABL Sub-2Mar15 21 Ordinary hours of work and rostering
Seeks to vary clause to allow ordinary hours to 
be worked before 6.00 am or after 6.30 pm. 

Pg 1

S27 BSA Sub-2Mar15 21.2 Ordinary hours of work and rostering
Seeks to a variation of clause to remove 
ambiguity regarding broken shifts and ordinary 
hours.

Page 9 Withdrawn see corro-
3/04/17. See also sub-
29/09/16 para 2.3.

S29 UV Sub-3Mar15 21.5 Ordinary hours of work and rostering—
non-contact time
Seeks to vary clause by extending non-contact 
time to 8 hours per week. 

Page 3 Withdrawn see corro-
30/03/17. See also sub-
6/10/16 para 4.

S30 UV Sub-3Mar15 24.4(e) Annual leave—taking annual leave
Seeks to reduce maximum amount of leave 
without pay for a Christmas close down of 4 
weeks to 2 weeks. 

Page 4-5






http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-UV-030315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014252-sub-uv-061016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014252-sub-uv-061016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-sub-uv-300317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-sub-uv-300317.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-UV-030315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014259andors-sub-bussa-290916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014259andors-sub-bussa-290916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-corr-bsa-030417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-corr-bsa-030417.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014217andors-sub-bussa-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-ACAandors-020315.pdfhttp:/www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014263-sub-ACAandors-020315.pdf


27

Attachment D—Provisional timetable for plain language re-drafting of 
First and Second Tranche Awards

Pharmacy Industry Award 2010

TBC (see transcript of 
27 August 2017)

Finalisation of casual conversion clause – implementation will 
occur after the Full Bench has finalised the model term.

Clerks’ – Private Sector Award 2010

15 August 2017 Conference – drafting issues arising from plain language 
exposure draft – adjourned

15 September 2017 Conference – drafting issues arising from plain language 
exposure draft

Restaurant Industry Award 2010
Hospitality Industry Award 2010

22 June 2017 Submissions and submissions in reply received – drafting issues 
arising from plain language exposure draft

12 September 2017 Conference – drafting issues arising from plain language 
exposure draft 

General Retail Industry Award 2010

Thursday 3 August 
2017

Submissions – drafting issues arising from plain language 
exposure draft

Thursday 17 August 
2017

Submissions in reply – drafting issues arising from plain 
language exposure draft

19 September 2017 Conference – drafting issues arising from plain language 
exposure draft 

Security Services Industry Award 2010
Cleaning Services Award 2010

w/c 4 September 2017 Plain language exposure drafts published 

w/c 2 October 2017 Submissions – plain language exposure drafts

w/c 16 October 2017 Submissions in reply – plain language exposure drafts

8 November 2017 Conference – drafting issues arising from plain language 
exposure draft

Fast Food Industry Award 2010
Hair and Beauty Industry Award 2010








[2017] FWCFB 4447

28

Monday 11 September 
2017

Mention to confirm which substantive issues at Attachments A 
and B are pressed

Children’s Services Award 2010
Monday 11 September 
2017

Mention to confirm which substantive issues at Attachment C are 
pressed








[2017] FWCFB 4447

29

Attachment E—Changes to structure of exposure drafts in Group 4

Extract from Statement issued on 10 May 20161

Exposure drafts (1) Plain language draft (2)

Part 1—Application and Operation Part 1—Application and Operation of this 
Award

1. Title and commencement 1. Title and commencement
  Currently Schedule G 2. Definitions
2. The National Employment Standards and 
this award

3. The National Employment Standards and this 
award

3. Coverage 4. Coverage
5. Effect of variations made by the Fair Work 
Commission 

4. Award flexibility 6. Award flexibility for individual arrangements
5. Facilitative provisions 7. Facilitative provisions for flexible working 

practices
Part 2—Types of Employment and 
Classifications

Part 2—Types of Employment and 
Classifications

6. Types of employment 8. Types of employment
9. Full-time employment
10. Part-time employment
11. Casual employment

7. Classifications 12. Classifications
Part 3—Hours of Work Part 3—Hours of Work
8. Ordinary hours of work and rostering 13. Ordinary hours of work

14 Rostering arrangements—full-time and part-time 
employees (where applicable)

9. Breaks 15. Breaks
Part 4—Wages and Allowances Part 4—Wages and Allowances
10. Minimum wages 16.Minimum wages

17. Annualised salary (where applicable)
11. Allowances 18. Allowances
12. Superannuation 19. Superannuation
Part 5—Penalties and Overtime Part 5—Overtime and Penalty Rates
13. Overtime 20. Overtime
14. Penalty rates 21. Penalty rates
Part 6—Leave, Public Holidays and Other 
NES Entitlements

Part 6—Leave and Public Holidays

15. Annual leave 22. Annual leave
16. Personal/carer’s leave and compassionate 
leave

23. Personal/carer’s leave and compassionate leave

17. Parental leave and related entitlements 24. Parental leave and related entitlements
18. Public holidays 25. Public holidays
19. Community service leave 26. Community service leave
20. Termination of employment Moved to Part 8
21. Redundancy Moved to Part 8

                                               

1 [2016] FWC 2924






https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc2924.htm


[2017] FWCFB 4447

30

Exposure drafts 
(1)

Plain language draft 
(2)

Part 7—Consultation and Dispute 
Resolution

Part 7—Consultation and Dispute Resolution

22. Consultation 27. Consultation about major workplace change
28. Consultation about changes to rosters or hours 
of work 

23. Dispute resolution 29. Dispute resolution
Part 8—Termination of Employment and 
Redundancy
30. Termination of employment
31. Redundancy
32. Transfer to lower paid job on redundancy
33. Employee leaving during redundancy notice 
period
34. Job search entitlement 3

1 Note this Table of contents is taken from the exposure draft proposed for the Pharmacy Industry 
Award 2014; not all provisions may be included in other awards 

2 Note this Table of contents is proposed for the plain language exposure draft for the Pharmacy 
Industry Award 2014; not all provisions may be included in other awards 

3 The Job search entitlement provision will be incorporated in the Termination of employment and 
Employee leaving during redundancy notice period provisions in accordance with the Plain language –
Standard clauses decision issued on 20 July 20172

                                               

2 [2017] FWCFB 3745






https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3745.htm


[2017] FWCFB 4447

31

Attachment F—Provisional timetable for completion of awards not 
identified for plain language re-drafting

Group Date Event

Group 1 9 June 2017 Decision issued [2017] FWCFB 3177

30 June 2017 Deadline for submissions on outstanding issues

29 September 2017 Exposure drafts to be updated and republished; updated summaries of 
submissions to be published

29 September 2017 Directions to be issued re outstanding issues

October 2017 Outstanding issues to be resolved through conferences or on the papers 2

October 2017 Further decision to be issued resolving final award-specific issues 

October 2017 Exposure drafts to be updated and republished to reflect decision (if 
necessary)

3 November 2017 Exposure drafts to be updated and republished for structure and archaic 
language as per [46]

17 November 2017 Parties to comment on final exposure draft

1 December 2017 Exposure drafts to be issued as new consolidated award

Group 2 9 June 2017 Statement issued [2017] FWC 3205

30 June 2017 Deadline for submissions on outstanding issues

29 September 2017 Exposure drafts to be updated and republished; updated summaries of 
submissions to be published

29 September 2017 Directions to be issued re outstanding issues

October 2017 Outstanding issues to be resolved through conferences or on the papers 2

October 2017 Further decision to be issued resolving final award-specific issues 

October 2017 Exposure drafts to be updated and republished to reflect decision (if 
necessary)

3 November 2017 Exposure drafts to be updated and republished for structure and archaic 
language as per [46]

17 November 2017 Parties to comment on final exposure draft

1 December 2017 Exposure draft to be issued as new consolidated award

Group 3 6 July 2017 Decision issued re 20 awards in Group 3 [2017] FWCFB 3433

July 2017 Revised exposure drafts and updated summaries of submissions published

28 July 2017 Deadline for submissions on outstanding issues

mid September 2017 Further decision re remaining 13 awards in Group 3

27 October 2017 Update and republish exposure drafts and summaries of submissions






https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwc3205.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3177.htm


[2017] FWCFB 4447

32

Group Date Event

27 October 2017 Directions to be issued re outstanding issues

November 2017 Outstanding issues to be resolved through conferences or on the papers 2

November 2017 Further decision to be issued resolving final award-specific issues

November 2017 Exposure drafts to be updated and republished to reflect decision (if 
necessary)

8 December 2017 Exposure drafts to be updated and republished for structure and archaic 
language as per [46]

22 December 2017 Parties to comment on final exposure draft

January 2018 Exposure draft to be issued as new consolidated award

Group 4 end September 2017 Decision to be issued re technical and drafting issues in Group 4 awards  

27 October 2017 Update and republish exposure drafts and summaries of submissions

10 November 2017 Deadline for submissions on outstanding issues

November 2017 Directions to be issued re outstanding issues

November 2017 Outstanding issues to be resolved through conferences or on the papers 2

November 2017 Further decision to be issued resolving final award-specific issues

November 2017 Exposure drafts to be updated and republished to reflect decision (if 
necessary)

8 December 2017 Exposure draft to be updated and republished for structure3 and archaic 
language as per [46]

22 December 2017 Parties to comment on final exposure draft

January 2018 Exposure draft to be issued as new consolidated award

1 This timetable does not apply to the awards identified for plain language re-drafting at paragraphs 
[4], [6] and [42].

2 More complex issues may need to be referred to separate Full Bench for determination 

3 Awards in Group 4 have been drafted using the preferred structure

NOTE:This timetable may be affected by the outcome of Common issues matters and claims to 
make substantive variations to awards that have been allocated to separate Full Benches








[2017] FWCFB 4447

33

                                               

1 [2016] FWC 4756.
2 See [2016] FWC 2837- The 4 awards are Clerks—Private Sector Award 2010 , General Retail Industry Award 2010, 

Hospitality Industry (General) Award 2010 and Restaurant Industry Award 2010.
3 [2017] FWCFB 3176 and [2017] FWCFB 4174.
4 [2015] FWC 6555.
5 [2015] FWCFB 6555, para 11.
6 [2016] FWC 2837.
7 [2017] FWCFB 1638
8 ACTU submission, 7 April 2017, page 5. 
9 Ibid.
10 Ibid at page 6. 
11 See Shop, Distributive and Allied Employees Association v National Retail Association (No 2) (2012) 205 FCR 227 at [35] 

per Tracey J.
12 Friends of Hinchinbrook Society Inc v Minister for Environment (No 3) (1997) 77 FCR 153; Australian Competition and 

Consumer Commission v Leelee Pty Ltd [1999] FCA 1121; Edwards v Giudice [1999] FCA 1836; National Retail 

Association v Fair Work Commission [2014] FCAFC 118.
13 National Retail Association v Fair Work Commission [2014] FCAFC 118 at [105]–[106].
14 Ibid at [109] – [110].
15 CFMEU v Anglo American Metallurgical Coal Pty Ltd [2017] FCAFC 123 at [20].
16 Ibid at [28] – [29].
17 ASIAL submission, 10 April 2017.
18 HIA submission, 7 April 2017.
19 MBA submission, 7 April 2017.
20 United Voice submission, 7 April 2017, para 17.
21 4 Yearly Review of Modern Awards – Annual Leave [2016] FWCFB 3177 at [135]–[140].
22 See s.599 of the FW Act.
23 National Retail Association v Fair Work Commission [2014] FCAFC 118 at [18].
24 CFMEU v Anglo American Metallurgical Coal Pty Ltd [2017] FCAFC 123 at [18].
25 The Australian Industry Group re Manufacturing and Associated Industries and Occupations Award 2012 [2012] FWA 

2556.
26 See [2015] FWCFB 4658 at [7].
27 The Vehicle Award also has a high proportion of award reliant small businesses.
28 Fast Food Industry Award, summary of submissions – substantive issues, 8 March 2017.
29 Hair and Beauty Industry Award, summary of submissions – substantive issues, 8 March 2017.
30 [2017] FWC 3917.
31 Report, 17 March 2017.
32 Report to the Full Bench, 27 July 2017.
33 [2016] FWC 2924.






https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc2924.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-finalreport-270717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014285-final-report-170317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwc3917.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/hair-summary-substantive-issues.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/fasstfood-summary-substantive-issues.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb4658.htm
http://www.fwc.gov.au/decisionssigned/html/2012fwa2556.htm
http://www.fwc.gov.au/decisionssigned/html/2012fwa2556.htm
http://www.fwc.gov.au/decisionssigned/html/2016fwcfb3177.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-uv-sub-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-sub-mba-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-sub-hia-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-sub-asial-100417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-sub-actu-070417.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb1638.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20141-plainlanguagestatement-060516.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwc6555.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwc6555.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb4174.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3176.htm
https://www.fwc.gov.au/decisionssigned/html/2016FWC2837.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc4756.htm

Cases cited by this decision: