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Fair Work Act 2009
s.156 – 4 yearly review of modern awards
Family Friendly Work Arrangements
(AM2015/2)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT GOOLEY
COMMISSIONER SPENCER MELBOURNE, 4 OCTOBER 2017
Four yearly review of modern awards–family friendly work arrangements–application for
amendment to directions.
[1] On 6 September 2017, the Australian Council of Trade Unions (ACTU) sought leave
to file the expert report of Dr James Stanford (the expert report). On 15 September 2017, we
issued a Statementi granting leave for the expert report to be filed. The Statement also
amended previously issued directions to allow parties a further period to respond to the expert
report, parties were also granted liberty to apply.
[2] On 29 September 2017, we received correspondence from the Australian Industry
Group (Ai Group) seeking the following amendments to the directions issued on 15
September 2017:
1. Any party opposing the ACTU’s claim shall file comprehensive written submissions
and any witness statements or documentary material on which the party seeks to rely
by 4.00 pm on Friday 6 Monday 30 October 2017.
2. Any party wishing to file additional written submissions, witness statements or
documentary material in response to the Stanford report shall do so by 4pm on Friday
20 October 2017.
3. The ACTU and any other interested party supporting the ACTU’s claim shall file
any reply evidence written submissions and evidence in reply (sic) by 4.00 pm on
Friday 3 Monday 20 November 2017.
4. The matter will be listed for a directions hearing on Wednesday 8 during the week
commencing 27 November 2017 for the purpose of scheduling the evidence. At that
hearing, all parties intending to participate in the hearing must be in a position to
inform the Commission of the witnesses required for cross-examination, and an
estimate of the length of time required for cross-examination.
[2017] FWCFB 5138
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20152-corr-aig-290917.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb4729.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20152-expert-report-actu-200917.pdf
[2017] FWCFB 5138
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5. The matter will be listed for hearing on 12-14 December 2017 and 18-22
December 2017, inclusive.
6. Liberty to apply.
[3] Ai Group sought the above amendments on the basis that the expert report includes a
large volume of material not otherwise traversed in the ACTU case. Ai Group’s position is
that this report has resulted in a reconsideration of its approach to responding to the ACTU’s
case and, in addition, that this is not something that can be done in a discrete supplementary
submission as envisaged in the directions issued on 15 September 2017. Ai Group also note
that it has a significant interest in the Family and Domestic Violence Leave matter which is
due to be heard in October.
[4] On 2 October 2017, we received correspondence from the ACTU supporting the Ai
Group’s request for revised directions.
[5] Having regard to the reasons advanced by Ai Group and the ACTU’s consent to the
amendment, we propose to grant the amendment to the directions as requested. Amended
Directions are set out at Attachment A. We note that the amended directions do not affect the
listed dates for the hearing of this matter.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code A, PR596551
i [2017] FWCFB 4729
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20152-corr-actu-021017.pdf
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Attachment A
AMENDED DIRECTIONS
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards –Family friendly work arrangements
(AM2015/2)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT GOOLEY
COMMISSIONER SPENCER MELBOURNE, 4 OCTOBER 2017
The directions issued on 15 September 2017 are vacated and the following directions are
made:
1. Any party opposing the ACTU’s claim shall file comprehensive written submissions and
any witness statements or documentary material on which the party seeks to rely by 4.00 pm
on Monday 30 October 2017.
2. The ACTU and any other interested party supporting the ACTU’s claim shall file any
written submissions and evidence in reply by 4.00 pm on Monday 20 November 2017.
3. The matter will be listed for a directions hearing during the week of 27 November 2017 for
the purpose of scheduling the evidence. At that hearing, all parties intending to participate in
the hearing must be in a position to inform the Commission of the witnesses required for
cross-examination, and an estimate of the length of time required for cross-examination.
4. The matter will be listed for hearing on 12-14 December 2017 and 18-22 December 2017,
inclusive.
5. Liberty to apply.
PRESIDENT
