Fair Work Act 2009
s.156 – 4 yearly review of modern awards
4 yearly review of modern awards—Award stage—Group 1
(AM2014/64 and others)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
SENIOR DEPUTY PRESIDENT HAMBERGER
DEPUTY PRESDENT BULL
COMMISSIONER BISSETT MELBOURNE, 16 NOVEMBER 2018
4 yearly review of modern awards – award stage – exposure drafts – technical and drafting
issues – Group 1 – outstanding issue – cross-reference to consultation obligations – Poultry
Processing Award 2010 – Meat Industry Award 2010 – Manufacturing and Associated
Industries and Occupations Award 2010.
[1] This decision deals with an outstanding technical and drafting issue arising from
Group 1 Awards, which are being dealt with as part of the 4 yearly review of modern awards
(the Review). The relevant awards are the Poultry Processing Award 2010 (the Poultry
Award), the Meat Industry Award 2010 (the Meat Award) and the Manufacturing and
Associated Industries and Occupations Award 2010 (the Manufacturing Award).
[2] In a decision issued on 12 September 20181 we proposed to amend clause 8.2(b) of the
Poultry Award to include a reference to its consultative provisions. The background to the
issue is set out at paragraphs [84] – [98] of that decision. It was proposed that clause 8.2(b) be
amended by adding the following additional sentence at the end of the clause ‘Any change to
regular rosters or ordinary hours of work is subject to the consultative provisions in clause
22.2.’
[3] We noted that the same issue arises in a small number of other exposure drafts in
Group 1, which were listed at Attachment B to our decision. These awards are the Meat
Award and the Manufacturing Award. We proposed to vary those awards in the same manner
as our proposal in the Poultry Award, that is, to add a sentence to the relevant paragraph in
each exposure draft in the following terms:
‘Any change to regular rosters or ordinary hours of work is subject to the consultative
provisions in clause XX.X.’
[4] Interested parties were invited to file submissions in relation to our proposal by 4.00
pm on 25 September 2018. We noted that absent any objection to the course proposed we
would vary the awards.
1 [2018] FWCFB 5602
[2018] FWCFB 7007
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb5602.htm#P512_38591
[2018] FWCFB 7007
[5] The Australian Industry Group (Ai Group) filed a submission on 24 September 20182
noting that they do not oppose the amendments to the three awards in question. No comment
from any other party was received.
[6] The exposure draft clauses for the three awards will be updated as outlined in the
following table:
Exposure Draft Group Clause References
Manufacturing Award 1C 13.2(d); 13.3(c) and
13.5(a)
Meat Industry Award 1C 8.7(c) and 16.5
Poultry Award 1C 8.2(b)
[7] Revised exposure drafts will be published shortly.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR702327
2 Ai Group submission, 24 September 2018
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201475-82-sub-aig-240918.pdf
