1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – Plain language re-drafting – Security
Services Industry Award 2010
(AM2016/15, AM2014/89)
JUSTICE ROSS, PRESIDENT MELBOURNE, 29 JUNE 2018
4 yearly review of modern awards – plain language re-drafting – Security Services Industry
Award 2010.
Background
[1] This Statement concerns the plain language redrafting of the Security Services
Industry Award 2010.
[2] A revised summary of submissions1 was published on the Commission’s website on
25 January 2018, along with a revised plain language exposure draft2 (the revised PLED) for
the Security Services Industry Award 2010 incorporating amendments arising from the
November 2017 conference and parties’ submissions.
[3] A Statement3 issued on 21 February 2018 (the February 2018 statement) set out the
updated status of the items of the revised summary of submissions. An agenda for the next
conference was attached to the February 2018 statement.
[4] A summary of agenda items was published on 28 February 2018. A revised agenda
and summary of agenda items was published on the Commission’s website on 19 June 2018.
[5] A conference was held on 22 June 2018 (the June 2018 conference) to address the
outstanding issues. A transcript of the conference is available on the 4 yearly review of
modern awards webpage. The conference was attended by representatives of:
Australian Business Industrial and New South Wales Business Chamber (ABI);
Australian Security Industry Association Limited (ASIAL); and
United Voice (UV).
1 Revised summary of submissions, 25 January 2018
2 Revised plain language exposure draft, 25 January 2018
3 [2018] FWC 1118
[2018] FWC 3820
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc1118.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-ed-security-tracked-250118.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-1469-summary-cleaning-revised-250118.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/220618-am201615-89.htm
[2018] FWC 3820
2
[6] This Statement sets out the outcome of the June 2018 conference and the next steps in
finalising the plain language re-drafting of the Security Services Industry Award 2010.
Confirmation of provisionally resolved items
[7] During the June 2018 conference, the parties confirmed that the following matters
were resolved:
Clause 4 – coverage (items 5 and 6);
Clause 10 – part-time employment (items 12, 13, 14, 15 and 16);
Clause 11 – casual employment (item 17);
Clause 12 – classifications (item 19); and
Clause 19 – allowances (items 38, 40 and 42).
[8] The parties also agreed that clause 15—Minimum rates (item 33) is to be varied as
follows:
‘15.1 An employer must pay an employee the rate applicable to the employee’s classification
specified in column 1 of Table 4—Minimum rates for ordinary hours of work.
Table 4—Minimum rates
Column 1
Employee Classification
Column 2
Minimum weekly rate
Column 3
Minimum hourly rate
Security Officer Level 1 $780.70 $20.54
Security Officer Level 2 $803.10 $21.13
Security Officer Level 3 $816.70 $21.49
Security Officer Level 4 $830.30 $21.85
Security Officer Level 5 $857.20 $22.56
NOTE 1: Overtime rates are specified in clause 21—Overtime. Penalty rates are specified in
clause 22—Penalty rates.
NOTE 2: Provisions for calculating rates for casual employees are at clause 11—Casual
employment.
NOTE 3: Schedule B—Summary of Hourly Rates of Pay contains a summary of hourly rates
of pay including casual, overtime and penalty rates.’
[2018] FWC 3820
3
Proposed amendments at Attachment A
[9] The revised agenda also identified a number of provisionally resolved items at 1.b)
that had not yet been incorporated into the revised PLED.
[10] The issue in respect of casuals and overtime at clause 21.3 will be determined by the
Overtime for casuals Full Bench (AM2017/51).4
[11] The proposed amendment to clause 23.2 will be included in the next version of the
PLED and parties will advise if there are any residual issues with the clause.
[12] The proposed amendment to clause 23.3 – Payment for Annual Leave will be included
in the next version of the PLED, United Voice will then advise if it has any residual issues
with the clause.
[13] There is a residual issue in respect of Item 55 and the proposed amendment to clause
23.4—Temporary close down. United Voice sought to have the proposed amendment varied
to clarify that public holidays falling during a period of close down need to be paid (consistent
with clause 24.9(c) of the current award). This issue will be referred to the expert drafter for
comment.
[14] All other items set out at Attachment A were agreed.
Outstanding items
Item 3
[15] Item 3 relates to clause 2 (definitions). ASIAL submits that a definition of shiftworker
should be included in the definitions clause and propose the definition at clause 24.2 of the
current award.5 United Voice does not object, provided that the definition is in the same terms
as the current award.6
[16] During the November 2017 conference, the Commission indicated that issue would be
referred back to the expert and there would be an opportunity for the parties to respond to the
expert’s comments.7
[17] The matter was resolved on the basis of the expert’s comments.
Item 18
[18] Item 18 relates to clause 12.1 (classifications). ASIAL submits that the wording in the
clause should be amended as follows:
4 [2017] FWCFB 6417
5 ASIAL submission, 6 October 2017, paragraph 4
6 United Voice reply submission, 20 October 2017, paragraph 8
7 Transcript 8 November 2017, paragraph 280
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/081117_am201615-69-89.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-89-sub-reply-uv-201017.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-89-sub-asial-061017.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb6417.htm
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am201751-overtime
[2018] FWC 3820
4
‘An employer must pay an employee the rate of pay applicable to the classification in which the
employee works.’8
[19] At the November 2017 conference ASIAL indicated that security officers are often
engaged at different levels and it would be highly restrictive to state that they would have to
be paid for the classification in which they work, but not necessarily engaged in a particular
classification in the first instance.
[20] The Commission indicated that issue would be referred back to the expert and there
would be an opportunity for the parties to respond to the expert’s comments.9
[21] ASIAL withdrew its earlier objection.
Item 39
[22] Item 39 relates to clause 19.5 (supervision allowance). This item was withdrawn at the
conference.
Item 41
[23] Item 41 relates to clause 19.6 (relieving officer allowance). The item was resolved at
the conference.
Items 48 and 49
[24] Items 48 and 49 relate to clause 22.2 (penalty rates). These matters are being dealt
with by the Part time and Casual employment Full Bench.
Item 56
[25] ASIAL is to make a separate application to vary the award in respect of this issue.10
Next steps
[26] The next steps in the plain language redrafting of the Security Services Industry Award
2010 are as follows:
1. On 16 July 2018 the Commission will publish an updated PLED, reflecting the
outcome of the June 2018 conference and a list of the outstanding issues.
Parties are invited to review the amended PLED and the list of outstanding
issues and to advise the Commission whether there are any further issues that
require determination by 4pm Monday, 30 July 2018.
8 ASIAL submission, 6 October 2017, paragraph 11
9 Transcript 8 November 2017, paragraph 311-315
10 Application received on 25 June 2018.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-sub-asial-250618.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/081117_am201615-69-89.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-89-sub-asial-061017.pdf
[2018] FWC 3820
5
2. A further conference will take place on Tuesday, 14 August 2018 at 4:30pm
in Sydney. A notice of listing will be issued in due course.
Note: any outstanding issues will be discussed at the conference.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR608528
