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Fair Work Act 2009
s.156 – 4 yearly review of modern awards
4 yearly review of modern awards–Award stage–Substantive Issues
(AM2014/1 and others)
JUSTICE ROSS, PRESIDENT MELBOURNE, 24 DECEMBER 2018
4 yearly review of modern awards – award stage – substantive issues.
[1] This Statement deals with substantive claims made as part of the 4 yearly review.
[2] At the commencement of the review of each group of awards, parties were provided
the opportunity to raise issues in relation to each award. Where an issue was more complex or
parties were seeking a substantive change to current entitlements, it was referred to a separate
Full Bench to hear evidence as to why a change is necessary for the award to meet the modern
awards objective.
[3] In total, 62 full benches have been constituted to hear and determine substantive issues
arising in respect of modern awards. 32 of these Full Benches have been heard and
determined, 7 have reserved their decision and 23 are part heard or have not yet commenced.
The awards that are the subject of these Full Bench matters are dealt with below.
Completed matters
[4] The 32 Full Bench matters that have been heard and determined are:
Matter number Award title
AM2014/1 Alleged inconsistencies in the Seagoing
Industry Award 2010
AM2014/67 Black Coal Mining Industry Award 2010
AM2014/70 Concrete Products Award 2010
AM2014/78 Meat Industry Award 2010
AM2014/89 Security Services Industry Award 2010
AM2014/90 Stevedoring Industry Award 2010
AM2014/91 Textile, Clothing, Footwear and Associated
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Matter number Award title
Industries Award 2010
AM2014/92 Timber Industry Award 2010
AM2014/202 Fire Fighting Industry Award 2010
AM2014/239 and
AM2015/23
Pastoral Award 2010
AM2014/244 Silviculture Award 2010
AM2015/61 Higher Education Group of Awards:
Higher Education Industry – Academic Staff
– Award 2010
Higher Education Industry – General Staff –
Award 2010
AM2015/9 Electrical Licence Allowance:
Manufacturing and Associated Industries
and Occupations Award 2010
Electrical Power Industry Award 2010
AM2016/4 Broadcasting, Recorded Entertainment ad
Cinemas Award 2010
AM2016/62 Real Estate Industry Award 2010
AM2016/7 Wine Industry Award 2010
AM2016/10 Gas Industry Award 2010
AM2016/233 Construction group of awards:
Building and Construction General On-site
Award 2010
Joinery and Building Trades Award 2010
Mobile Crane Hiring Award 2010
Plumbing and Fire Sprinklers Award 2010
AM2016/24 Social, Community, Home Care and
Disability Services Industry Award 2010
1 A number of decisions in this matter have been issued
2 Parties in this matter have been requested to file further submissions
3 Determinations in this matter are being finalised, and parties have been requested to file further submissions
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Matter number Award title
AM2016/25 Horticulture Award 2010
AM2016/26 Rail Industry Award 2010
AM2016/284 Pharmacy Industry Award 2010
AM2016/29 Animal Care and Veterinary Services Award
2010
AM2016/30 Alpine Resorts Award 2010
AM2016/315 Health Professionals and Support Services
Award 2010
Nurses Award 2010
AM2016/32 Road Transport (Long Distance Operations)
Award 2010
Road Transport and Distribution Award
2010
AM2017/52 Fitness Industry Award 2010
AM2017/53 Legal Services Award 2010
AM2017/576 Restaurant Industry Award 2010
AM2017/587 Professional Diving Industry (Industrial)
Award 2010
AM2017/598 Hospitality Industry (General) Award 2010
[5] The 7 Full Bench matters that have been heard and reserved for decision are:
Matter number Award title
AM2014/286 Supported Employment Services Award
2010
AM2016/3 Proposed Helicopter Award
4 Parties in this matter have been requested to file further submissions
5 Parties in this matter have been requested to file further submissions
6 Parties in this matter have been requested to file further submissions
7 Determinations in this matter are being finalised
8 Parties in this matter have been requested to file further submissions
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Matter number Award title
AM2016/14 Training costs:
Manufacturing and Associated Industries
Award 2010
Graphic Arts Award 2010
Food, Beverage and Tobacco
Manufacturing Award 2010
AM2016/33 Graphic Arts, Printing and Publishing
Award 2010
AM2017/49 Fast Food Industry Award 2010
AM2017/50 Hair and Beauty Industry Award 2010
AM2017/56 Sugar Industry Award 2010
[6] The 23 Full Bench matters that are part heard (or have not yet commenced) are:
Matter number Award title
AM2014/93 Vehicle Manufacturing, Repair, Services
and Retail Award 2010
AM2017/60 General Retail Industry Award 2010
AM2018/10 Gas Industry Award 2010
AM2018/12 Aboriginal Community Controlled Health
Services Award 2010
AM2018/13 Aged Care Award 2010
AM2018/14 Air Pilots Award 2010
AM2018/15 Airline Operations – Ground Staff Award
2010
AM2018/16 Architects Award 2010
AM2018/17 Broadcasting, Recorded Entertainment and
Cinemas Award 2010
AM2018/18 Children’s Services Award 2010
AM2018/19 Dry Cleaning and Laundry Industry Award
2010
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Matter number Award title
AM2018/20 Educational Services (Teachers) Award
2010
AM2018/21 Electrical, Electronic and Communications
Contracting Award 2010
AM2018/22 Food, Beverage and Tobacco
Manufacturing Award 2010
AM2018/23 Funeral Industry Award 2010
AM2018/24 Journalists and Published Media Award
2010
AM2018/25 Plumbing and Fire Sprinklers Award 2010
AM2018/26 Social, Community, Home Care and
Disability Services Award 2010
N/A Pest Control Industry Award 2010
N/A Professional Employees Award 2010
N/A Water Industry Award 2010
N/A Amusement, Events and Recreation Award
2010
N/A Live Performance Award 2010
[7] In relation to the Full Benches that are part heard (or have not yet commenced), a
provisional timetable for 2019 is attached to this Statement (see Attachment A). This
provisional timetable includes other major cases, such as the Annual Wage Review and the
Equal Remuneration Case, that will be listed for hearings during 2019 and involve significant
resourcing for a number of parties involved in the Review. The timetable does not capture
every matter that will be listed in 2019.
[8] The following matters have been identified in the timetable as ‘not to be heard before
1 July 2019’:
Amusement, Events and Recreation Award 2010
Broadcasting, Recorded Entertainment and Cinemas Award 2010
Dry Cleaning and Laundry Industry Award 2010
Fire Fighting Industry Award 2010
Food, Beverage and Tobacco Manufacturing Award 2010
Health Professionals and Support Services Award 2010 and Horse and Greyhound
Training Award 2010
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Journalists and Published Media Award 2010
Live Performance Award 2010
Pest Control Industry Award 2010
Plumbing and Fire Sprinklers Award 2010
Professional Employees Award 2010
Water Industry Award 2010
[9] Programming mentions will be scheduled prior to the directions being issued in any of
the above matters.
[10] Interested parties are provided an opportunity to comment in writing on the
provisional timetable attached to this Statement by no later than 4.00 pm on Friday 18
January 2019.
[11] The timetable will be finalised and published, having regard to the submissions
received.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR703534
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ATTACHMENT A
Link to provisional 2019 timetable
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20141-substantivefullbench-planner-2019-241218.pdf
