1
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards—plain language re-drafting—
status update
(AM2016/15)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT
MELBOURNE, 28 FEBRUARY 2019
4 yearly review of modern awards – plain language re-drafting – status update.
1. Introduction
[1] This Statement sets out the current status of matters before the Plain Language Full
Bench and the next steps in the plain language project.
[2] As a part of the Award stage of the Review, the Commission conducted a Pilot to
produce a plain language exposure draft based on the Pharmacy Industry Award 2010 (the
Pharmacy Award). An expert was engaged to re-draft the Pharmacy Award in plain language
without changing the legal effect of the clauses. User testing was conducted on the plain
language draft in February and March 2016. Thirty-one employers and 30 employees covered
by the Pharmacy Award participated in the testing conducted on behalf of the Commission. A
Report from the Plain language modern award pilot was published on the Commission’s
website on 21 April 2016.
[3] Plain language drafting Guidelines were developed as a part of the Pilot which took
into account plain language drafting principles and practical insights about the needs of
employers and employees generated from the user testing as part of the Pilot. The Guidelines
were finalised in June 2017 after consultation with interested parties.
[4] In a Statement of 6 May 2016, 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.
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STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014209-report-plainlanguage-fwc-210416.pdf
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[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 these awards. Particular weight was given to award reliance among
small businesses (those with fewer than 20 employees) on the basis that these entities are less
likely to have a dedicated internal human resources management expertise to assist with the
interpretation of awards.
[6] In a Statement 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 were:
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.
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[8] The plain language redrafting of the following awards is complete or nearing
completion:
Pharmacy Industry Award 2010;1
Clerks (Private Sector) Award 2010;2
Restaurant Industry Award 2010;3
Hospitality Industry General Award 2010;4
General Retail Industry Award 2010;5
Security Services Industry Award 2010;6 and
Cleaning Services Award 2010;7
[9] A decision was issued on 20 February 2019 which determined the substantive issues in
the Fast Food Industry Award 2010.8 Plain language redrafting of this award will commence
in the coming weeks. The substantive issues in the Hair and Beauty Industry Award 2010
remain outstanding and plain language redrafting will commence when these issues have been
determined.
Other awards identified for consideration
[10] In a decision on 28 August 20179 we noted that further consideration would be given
to inclusion of the following awards in the plain language re-drafting process after substantive
claims relating to the awards have been determined:
Aged Care Award 2010;
Building and Construction General On-Site Award 2010;
Children’s Services Award 2010;
Manufacturing and Associated Industries and Occupations Award 2010;
Social, Community, Home Care and Disability Services Industry Award 2010; and
Vehicle Manufacturing, Repair, Services and Retail Award 2010.
[11] In a recent statement relating to substantive issues in group 4 awards, the outstanding
substantive items for the Aged Care Award 2010, Children’s Services Award 2010, and
Social, Community, Home Care and Disability Services Industry Award 2010 were listed in
Attachment A.10 A statement was issued on 24 December 201811 setting out a provisional
timetable for dealing with the substantive issues.
1 [2017] FWCFB 344; [2017] FWCFB 1612; [2018] FWCFB 3337; [2018] FWCFB 5504; [2018] FWCFB 6803.
2 [2018] FWCFB 5553; [2018] FWCFB 6980
3 [2017] FWCFB 5397; [2018] FWCFB 2559; [2018] FWCFB 4496, [2018] FWCFB 6709
4 [2018] FWCFB 2710; [2018] FWCFB 4468; [2018] FWCFB 6711.
5 [2018] FWCFB 6850; [2019] FWCFB 276
6 [2018] FWCFB 6755
7 [2018] FWCFB 6781 A decision finalising the remaining issues in the Cleaning award will be issued in the coming weeks
8 [2019] FWCFB 272
9 [2017] FWCFB 4447 at [42].
10 [2018] FWC 6107
11 [2018] FWC 7869
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc7869.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc6107.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb4447.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb272.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6781.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6755.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb276.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6850.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6711.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4468.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb2710.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6709.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4496.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb2559.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb5397.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6980.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2018fwcfb5553.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6803.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2018fwcfb5504.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3337.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb1612.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb344.htm
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[12] The plain language redrafting of the Aged Care Award 2010, Children’s Services
Award 2010, and Social, Community, Home Care and Disability Services Industry Award
2010 will commence after the substantive issues have been heard and determined. A timetable
for consultation on the re-drafting process will be issued in the second half of 2019.
[13] During the Review, the Vehicle Manufacturing, Repair, Services and Retail Award
and the Manufacturing and Associated Industries and Occupations Award have been
substantially redrafted. Substantive changes have also been made to the Building and
Construction General On-site Award. Given the limited resources of the Commission, the
time constraints in relation to the finalisation of the review and the substantive changes that
have been made to these awards it is our provisional view that these awards not be redrafted
in plain language at this time.
[14] Schedule 1 to the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other
Measures) Act 2018 (Cth) repealed the provision for 4 yearly reviews of modern awards in the
Fair Work Act 2009 (Cth), with effect from 1 January 2018. Consequently, there will not be
any further 4 yearly reviews. However, the residual framework for exercising modern awards
powers includes s.157 which allows the Commission may make, vary or revoke a modern
award on its own motion. In 2020, consideration will be given to the further re-drafting of
awards in plain language using the residual framework in the Act. The Vehicle,
Manufacturing and Building Awards will be considered for inclusion in that process.
[15] Interested parties are invited to comment on the provisional view at [93]. Submissions
should be filed by 4pm on Friday 22 March 2019. If there is no opposition to the provisional
view we will not redraft these awards in plain language at this time.
2. Standard clauses
[16] The Commission identified five standard clauses in a statement12 of July 2016;
Award flexibility;
Consultation;
Dispute Resolution;
Termination of Employment; and
Redundancy.
[17] Five decisions13 have been issued in relation to the plain language re-drafting of
standard clauses. Determinations14 varying most modern awards were issued on 26 October
2018 and 13 December 2018.
[18] A small number of award specific issues remain outstanding and a statement will be
issued in relation to these in April 2019.
12 [2016] FWC 4756.
13 [2017] FWCFB 4419; [2018] FWCFB 3009; [2018] FWCFB 4177; [2018] FWCFB 4704 and [2018] FWCFB 7447.
14 Revised sschedule of draft determinations.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-sched-draftdets-standard-clauses-revised-070918.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb7447.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4704.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4177.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3009.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb4419.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc4756.htm
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3. Plain language ‘light touch’
[19] The Statement issued on 13 February 201915 provided a timeline for the finalisation of
exposure drafts prepared for the review. The timeline includes 3 further updates to exposure
drafts including the plain language ‘light touch’ process. The ‘light touch’ process will
include the following:
Changes to the structure of exposure drafts in Groups 1 to 3 in accordance with the
plain language structure. This has already been completed for the awards in group
4.16
Definitions will be moved to clause 2 in all exposure drafts.
Consistency with the Plain Language Guidelines and removal of archaic language.
Annual, weekly and hourly rates in minimum wages tables.
Cross-references in coverage clauses.
Occupational health and safety references.
Re-drafting some particularly complicated clauses in exposure drafts to ensure that
they are simple and easy to understand.
[20] We deal with each of these matters below.
[21] A conference in relation to the scope of light touch process will be convened in April
2019. A notice of listing will be issued separately. An example of an exposure draft that has
been through the light touch process will be published in advance of the conference.
Consistency with the Plain Language Guidelines
[22] Chapter 6 of the Plain Language Guidelines sets out principles for the use of language
in modern awards. These principles include; avoiding unnecessary jargon; using the active
voice instead of the passive voice and removing archaic language.
[23] In the August 2017 decision17 we foreshadowed that archaic or overly technical
language in modern awards would be replaced in accordance with the Plain Language
Guidelines.
Annual, weekly and hourly rates in minimum wages tables
[24] A Statement18 issued on 21 March 2018 referred an issue raised by Ai Group about
whether the words “full-time employee” should be included under the minimum weekly wage
in the wages table was referred to the plain language Full Bench. In a decision19 in July 2015
the Group 1 Full Bench decided to include hourly rates of pay in the body of the award (in
addition to weekly rates) to ensure that awards are simple and easy to understand.
15 [2019] FWC 932
16 [2017] FWCFB 4447 at Attachment E
17 [2017] FWCFB 4447
18 [2018] FWC 1544 at [14] – [22].
19 [2015] FWCFB 4658
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc1544.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb4447.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb4447.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2019fwc932.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-guidelines-200617.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-guidelines-200617.pdf
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[25] Ai Group submitted that the preamble to the minimum wages table does not state that
the table applies to full-time employees and consequently a literal reading appears to require
the payment of the minimum weekly rate to all adult employees, including part-time and
casual employees. Ai Group propose to insert the words “(full-time employees)” below the
heading of the column containing minimum weekly rates in numerous awards in the technical
and drafting proceedings of the award stage of the review.20
[26] The amendment proposed by the Ai Group has already been applied to some exposure
drafts in Group 4 of the award stage proceedings. For example, the Aged Care Award has
been updated as follows:
17.1 Minimum wages—Aged Care Employee
Employee classification Minimum weekly
rate (full-time
employee)
$
Minimum hourly
rate
$
Aged care employee—level 1 $764.70 $20.12
Aged care employee—level 2 $796.30 $20.96
[27] We have reached a provisional view that the approach suggested by Ai Group should
be adopted across all exposure drafts.
[28] Interested parties are invited to make submissions on our provisional view by
4.00 pm, Friday 22 March 2019. If there is no opposition to the provisional view we propose
to apply this change to all exposure drafts as a part of the plain language ‘light touch’.
Cross-references in coverage clauses
[29] Ai Group raised an issue regarding the cross-references to the industry in the coverage
clause in the Market and Social Research Award 2010. Ai Group submitted that clauses 3.4
and 3.5 of the exposure draft incorrectly refer to the ‘industry set out in clauses 3.1 and 3.2’
because the definition of the industry is contained in 3.2 only. In some modern awards, the
industry definition is included in the definitions clause, while in others it appears in the
coverage clause. The issue arose because industry definitions were moved into the coverage
clauses in some exposure drafts in the award stage. In the July Group 3 decision, the Full
Bench also determined that an industry definition would be included in coverage clauses at
3.2 and that a signpost clause would be included in the definitions clause referring to the
definition at clause 3.2.21 The cross-referencing issue raised by Ai Group is outstanding. The
Group 3 Full Bench noted that this affects all modern awards and referred to the issue to the
Plain Language Full Bench.22
20 Ai Group submissions – 23 September 2016, paragraphs 34 – 35.
21 [2017 FWCFB 3433 at [339]
22 [2017 FWCFB 3433 at 341 – 344.
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm#P2320_199499
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm#P2320_199499
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201465andors-sub-aig-230916.pdf
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[30] Clauses 3.4 and 3.5 refer to the coverage of on-hire employees and group training
services respectively and are included in most exposure drafts in the same way as the Market
and Social Research Award 2010 as follows:
‘3. Coverage
3.1 This industry award covers employers throughout Australia who are engaged in
the market and social research industry in respect of work by their employees in the
classifications listed in clause 9—Minimum wages to the exclusion of any other
modern award.
3.2 Market and social research industry means all market and social research
including every process, trade, business or occupation on or in relation to or in
connection with market and social research and all support work engaged in or in
connection with market or social research, for both public and private purposes.
…
3.4 This award covers any employer which supplies labour on an on-hire basis in the
industry set out in clauses 3.1 and 3.2 in respect of on-hire employees in
classifications covered by this award, and those on-hire employees, while engaged in
the performance of work for a business in that industry. This subclause operates
subject to the exclusions from coverage in this award.
3.5 This award covers employers which provide group training services for trainees
engaged in the industry and/or parts of industry set out at clauses 3.1 and 3.2 those
trainees engaged by a group training service hosted by a company to perform work at
a location where the activities described herein are being performed. This subclause
operates subject to the exclusions from coverage in this award.’ (emphasis added)
[31] Many exposure drafts have been drafted in a similar format with clause 3.1
determining to whom the award applies, while 3.2 provides a detailed definition of the
industry referred to in clause 3.1. Most current awards refer to clause 3.1 only.
[32] This issue has been dealt with in plain language exposure drafts by referring to the
relevant industry instead of to a clause. An example taken from the Pharmacy Industry Award
is set out below:
‘4.1 In this industry award, community pharmacy means a business to which all of
the following apply:
(a) the business is established wholly or partly for compounding or
dispensing prescriptions for, or selling medicines or drugs to, the general
public from the premises on which the business is conducted, whether or not
other goods are so sold from those premises; and
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(b) if required to be registered under legislation for the regulation of
pharmacies in force in the place in which the premises on which the business is
conducted are located, the business is so registered; and
(c) the business is not owned by a hospital or other public institution, or
operated by government.
4.2 This industry award covers, to the exclusion of any other modern award:
(a) employers in the community pharmacy industry throughout Australia;
and
(b) employees (within a classification defined in Schedule A—
Classification Definitions) of employers mentioned in paragraph (a).
4.3 This industry award also covers:
(a) on-hire employees working in the community pharmacy industry
(within a classification defined in Schedule A—Classification Definitions) and
the on hire employers of those employees; and
(b) trainees employed by a group training employer and hosted by a
community pharmacy to work in the community pharmacy industry (within a
classification defined in Schedule A—Classification Definitions) and the group
training employers of those trainees. (emphasis added)’
[33] In order to resolve the cross referencing issue, we propose amending the clauses
dealing with on-hire employees and group training services to refer to the relevant industry
instead of a clause reference.
[34] In addition, any exposure drafts that do not currently have the industry definition in
the coverage clause will be amended in accordance with the Group 3 decision.23
[35] Interested parties are invited to make submissions in relation to the cross-reference(s)
at clauses 3.4 (on-hire) and 3.5 (group training) and the proposal at [33] above by 4.00 pm,
Friday 22 March 2019. Reply submissions are due 4.00 pm, Friday 19 April 2019.
[36] This issue will be decided on the papers unless any party requests a formal hearing by
4.00 pm, Friday 5 April 2018.
Occupational health and safety references
[37] Uniform work health and safety laws have been adopted in all states except Victoria
and Western Australia. At a mention held 7 June 2016 it was proposed that the term
‘occupational health and safety’ used in the exposure drafts be amended to ‘work health and
23 [2017 FWCFB 3433
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm#P2320_199499
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safety’. In a decision on 7 July 201724, the Group 3 Full Bench expressed the view that the
terms can be used interchangeably and accepted that there was merit in updating exposure
drafts to reflect the current terminology.
[38] The Full Bench noted that the term ‘occupational health and safety’ is used in the
standard dispute resolution provisions contained in all awards. This clause was reviewed as a
part of the plain language review of standard clauses and the term ‘work health and safety’
was adopted in standard clause D.9.25 Modern awards were updated to incorporate the
standard clauses from 1 November 2018.
[39] A list of references to ‘occupational health and safety’ in awards and proposed
variations were listed in an Attachment 6 July 2017 decision and are at Attachment A to this
decision. 26
[40] Submissions were invited on this issue and it was referred to the plain language Full
Bench.27 The following parties made submissions:
ABI&NSWBC – 9 August 2017;
Business SA – 4 August 2017;
Master Builders’ Australia – 4 August 2017;
Ai Group – 2 August 2017;
Housing Industry Association – 31 July 2017;
CFMEU Construction & General – 31 July 2017;
AMWU – 31 July 2017; and
United Voice – 27 July 2017.
[41] All parties agreed that the phrase should be amended wherever it appears in the
particular awards as identified in Attachment A. Accordingly, these amendments will be made
during the light touch process. Both the MBA and the CFMMEU noted that there is a
substantive claim which may affect the relevant clauses in the Building Award and sought to
defer the issue in that award until after the substantive issues have been determined. We
confirm that the exposure draft for the Building Award will not be amended until the
construction Full Bench has determined the relevant issues.
24 [2017 FWCFB 3433 at [380].
25 [2018] FWCFB 4704.
26 [2017 FWCFB 3433 at [381] – [382].
27 [2017 FWCFB 3433 at [381] – [382].
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm#P2320_199499
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm#P2320_199499
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4704.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm#P2320_199499
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014263-sub-uv-20071717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217-and-ors-sub-amwu-310717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-subs-cfmeu-310717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014260-274-sub-2017fwcfb3433-hial.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217-ors-sub-aig-020817.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014260andors-sub-mba-040817.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201475andors-sub-bussa-040817.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217-andors-sub-abiandnswbci-090817.pdf
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4. Other matters referred to the plain language Full Bench
Substitution of public holidays
[42] During the review of Group 3 awards the National Tertiary Education Union (the
NTEU) submitted that clauses in various higher education awards were inconsistent with the
NES. The clauses in question provide for the substitution of public holidays, such as clause
20.2 of the Educational Services (Post-Secondary Education) award exposure draft:
‘20.2 Substitution of public holidays by agreement
By agreement between the employer and the majority of employees in an enterprise another
day may be substituted for a public holiday.’ [Emphasis added]’
[43] The NTEU submit that the words ‘the majority of employees in an enterprise’ should
be replaced with the words ‘an employee’ to ensure that the term is consistent with s.115(3) of
the Fair Work Act 2009 (Cth). Section 115(3) states:
‘s.115 Meaning of public holiday
…
(3) A modern award or enterprise agreement may include terms providing for an employer and
employee to agree on the substitution of a day or part-day for a day or part-day that would
otherwise be a public holiday because of subsection (1) or (2)’ [Emphasis added]
[44] As noted above, s.115(3) of the Act states that a modern award may include terms
providing for ‘an employer and an employee’ to agree on the substitution of a day or part-day
for a day or part-day that would otherwise be a public holiday.
[45] The Australian Higher Education Industrial Association and Business SA agreed with
NTEU. ABI submitted that the relevant clauses were not inconsistent with the NES.
[46] The Commission has identified 78 of 122 modern awards contain clauses which
permit the substitution of public holidays by agreement with the majority of employees. A
further five modern awards permit the substitution of public holidays by an employer, and one
award does not specify whether agreement is with an employee or a majority of employees.
[47] This issue was referred to the Plain Language Full Bench in statement28 in March
2018. Directions29 were issued in April inviting submissions on the identified awards and
whether a term which permits public holiday substitution by agreement between an employer
and a majority of employees excludes the NES, within the meaning of s.55 of the Act.
Interested parties subsequently filed submissions and submissions in reply.
[48] A decision in relation to this issue will be published in April 2019.
28 [2018] FWC 1501.
29 Directions – substitution of public holidays 27 April 2018.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-dirs-270418.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc1501.htm
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Reasonable overtime
[49] During proceedings related to the plain language re-drafting of the Retail Award, an
issue arose regarding the interaction of the ‘reasonable overtime’ clause and s.62 of the NES.
A similar issue arose in the plain language re-drafting of the Pharmacy Industry Award. In
statements30 published in December 2017 and February 2018, we identified 11 modern
awards which contain similar ‘reasonable overtime’ provisions to those in the Pharmacy and
General Retail Industry Awards. The Full Bench invited submissions on whether the
reasonable overtime clauses should be deleted and replaced with a note referring to the NES.
[50] A decision31 that provisionally determined the ‘reasonable overtime’ issue was issued
on 17 September 2018. We provided three options regarding the factors for determining
reasonableness of a requirement to work overtime. A hearing was held on 27 September 2018
and a decision32 was issued on 29 October 2018 finalising a reasonable overtime model term
and expressing the provisional view that the model term should be inserted into each of the
relevant awards. Draft variation determinations were published on 16 November 2018.
Submissions were received from a number of parties seeking award specific variations to the
model term.
[51] A decision in relation to the proposed award specific variations will be issued in the
coming weeks.
National Training Wage
[52] In a Statement of July 201633 it was proposed that the National Training Wage
Schedule (NTW Schedule) be standardised and removed from all awards except the
Miscellaneous Award 2010, and that the NTW be incorporated into other awards by reference
to the Miscellaneous Award.
[53] In a decision in June 2017 a reference term was inserted into the 94 modern awards
specified in Attachment A of that decision. A decision34 of August 2017 finalised the plain
language NTW Schedule and the Miscellaneous Award 2010 NTW Schedule was varied35 in
September 2018.
[54] A Mention was held on 7 September 2018 to discuss the retention of award-specific
NTW schedules in relation to eight awards and the proposal to insert a NTW Schedule into
the Surveying Award 2010. Parties seeking to insert a NTW Schedule into the Surveying
Award were instructed to make a substantive application to vary the award.36 The eight
awards in which a party had sought to retain an award specific NTW schedule are:
30 [2017] FWCFB 6884; [2018] FWC 1244.
31 [2018] FWCFB 5749
32 [2018] FWCFB 6680
33 [2016] FWC 4495
34 [2017] FWCFB 4174
35 PR596349
36 Transcript – 7 September 2018 – PN26.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/070918-am201615-17.htm
https://www.fwc.gov.au/documents/awardsandorders/html/pr596349.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb4174.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc4495.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6680.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb5749.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc1244.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb6884.htm#P43_1818
[2019] FWCFB 1255
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Airline Operations—Ground Staff Award 2010 (the Ground staff Award);
Airport Employees Award 2010 (the Airport employees Award);
Building and Construction General On-site Award 2010 (the Building Award);
Food, Beverage and Tobacco Manufacturing Award 2010 (the Food Manufacturing
Award);
Joinery and Building Trades Award 2010 (the Joinery Award);
Manufacturing and Associated Industries and Occupations Award 2010 (the
Manufacturing Award);
Mobile Crane Hiring Award 2010 (the Mobile Crane Award); and
Sugar Industry Award 2010 (the Sugar Award).
[55] At the Mention, discussions took place around the nature of submissions received in
respect of award-specific schedules to be maintained. The Commission noted that
submissions in support of retaining award-specific NTW Schedule in certain awards not only
sought to retain the current NTW schedule, but also sought to make substantive variations to
them.37 The claim to insert a NTW into the Surveying Award 2010 was withdrawn at the
Mention.
[56] Parties with an interest in the Ground Staff Award, the Airport Employees Award, the
Food Manufacturing Award, the Manufacturing Award and the Sugar Award were directed to
hold discussions and report back at a second mention on 27 September 2018. The AMWU
wrote to the Commission on 26 October 2018 to report that an in principle agreement had
been reached with Ai Group and that draft schedules would be filed as soon as practicable.
Nothing has been received to date and the parties are directed to file their draft schedules by 4
pm on Friday 22 March 2019.
[57] The CFMMEU sought to retain the NTW schedule in the Building Award, the Joinery
Award and the Mobile Crane Award. Consideration of the Building Award was deferred until
after the Construction Group Full Bench issue a decision in relation to clause 28.38
[58] In relation to the Joinery Award and the Mobile Crane Award, draft schedules taking
in to account the submissions of the parties made to date will be issued in due course.
37 Transcript – 7 September 2018 – PN48.
38 Transcript – 7 September 2018 – PN15.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/070918-am201615-17.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/070918-am201615-17.htm
[2019] FWCFB 1255
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Terminology of Rates
[59] In a Statement39 of March 2018, an issue raised by Ai Group regarding the
terminology used to describe rates was referred to the plain language Full Bench. The issue is
set out in that statement as follows:
“[4] The Ai Group submission of 31 August 2016 is as follows:
‘3. Our first concern relates to the characterisation of premiums payable
pursuant to an award. Modern awards variously characterise premiums that are
payable to an employee as penalties, loadings or allowances. For example, an
employee may be entitled to a shift “loading” in respect of work performed
during a shift at a particular time. In numerous instances, the characterisation
of a particular premium payable under an award has been altered in the
corresponding provision of an exposure draft. For instance, where a current
award mandates the payment of a shift “allowance”, the exposure draft may
instead refer to it as a shift “penalty”. A change to the terminology used to
describe a particular payment in an award often has implications for the
calculation of other entitlements in the award. We are also concerned that a
change in terminology may have implications for the calculation of
entitlements under legislation, such as workers’ compensation and long service
leave statutes.
[60] In its submissions of 23 September 2016 Ai Group further submitted:
‘•An award provision which requires that shiftworkers be paid, say, 15% extra can
legitimately be called a “loading”, but it cannot legitimately be called a “penalty
rate” or a “shift rate”.
• An award provision which states that shiftworkers are to be paid, say, 115% of the
ordinary time rate cannot legitimately be referred to as a “loading” or an “allowance”,
but it can be referred to as a “shift rate”.
• The annual leave clause in an award cannot legitimately refer to the “shift loadings”
in the shiftwork clause if the shift loadings (e.g. 15%) have been replaced with shift
rates (e.g. 115%) and the loading is not separately identified.
• The annual leave clause in the award cannot provide that an employee is to receive a
17.5% loading or any higher “shift penalty”, if the former shift penalty of, say, 15%
has been redrafted as 115%.’
[61] In the Group 3 decision40, the Full Bench acknowledged that payment to compensate
employees for working shiftwork had been variously described as penalties, loadings,
allowances, or rates in modern awards and that ‘shift penalties’ had been used in the Exposure
Drafts to make the term consistent, stating that:
39 [2018] FWC 1544 at [14] – [22].
40 [2017] FWCFB 3433
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc1544.htm
[2019] FWCFB 1255
14
‘We are satisfied that a consistent approach on shift penalties is appropriate. While Ai
Group proffers a return to existing terminology, an examination of the current award
provisions shows there is no consistency between or even within modern awards. The
Ai Group submissions on inconsistencies within the exposure drafts of the awards are
noted and we will provide provisional views as to how these may be resolved.’
[62] The Full Bench referred this issue to the Plain Language Full Bench.41
[63] We agree with the Ai Group’s explanation of the problems with terminology set out at
[60]. We propose to make amendments to the terminology on an award by award basis during
the light touch process. Interested parties will be given the opportunity to make submissions
about those proposed changes during that process.
[64] In relation to annual leave loading, Ai Group contended that any reference to an
employee being paid the higher of annual leave loading or ‘shift loading’ in exposure drafts
could be interpreted as an employee on annual leave being paid the higher of 17.5% or a shift
loading of, for example 130%. Ai Group stated that this could lead to some shiftworkers
being paid 230% while on annual leave. The Ai Group Submission is as follows:
‘4. Our second concern relates to the manner in which premiums are expressed in
exposure drafts. Numerous exposure drafts state, for example, that a shift worker is to
be paid 130% of the relevant rate, rather than a 30% loading. This has implications for
the calculation of other award entitlements which still refer to loadings (e.g. annual
leave payments).’’ (footnotes omitted)
[65] We accept the submission of the Ai Group that the terminology used in exposure
drafts to describe various penalties is likely to cause confusion.
[66] Of the 112 modern awards that make provision for annual leave loading, 56 awards
contain a reference to an employee being paid the higher of the annual leave loading or a shift
“loading” or an “allowance”. These 56 awards are set out at Attachment B to this Statement.
The Group 3 Full Bench has previous expressed the view that the provisions may be
ambiguous because the annual leave loading clause isolates the loading component of the
shiftwork provision and compares it to annual leave loading. As the redrafted penalty rates
clause no longer identifies the loading component of the shiftwork penalty separately, the
annual leave loading clause is not comparing like with like.42
[67] In relation to the annual leave loading issue, we propose adopting the suggestion of Ai
Group (based on the Clerks PLED):
‘(c) For an employee who would have worked on day work only had they not been
on leave, the additional payment is the greater of:
41 [2017] FWCFB 5536 at [582], [592]
42 [2017] FWCFB 5536 at [586]
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb5536.htm#P2881_272741
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb5536.pdf
[2019] FWCFB 1255
15
(i) 17.5% of the employee’s minimum hourly rate for the employee’s
ordinary hours of work in the period; or
(ii) The minimum hourly rate for the employee’s ordinary hours of work in
the period inclusive of weekend penalty rates as specified in clause 21—
Penalty rates (employees other than shiftworkers). For the purposes of this
clause, the relevant weekend penalty does not include the minimum hourly rate
for the employee’s ordinary hours of work.
(d) For an employee who would have worked on shiftwork had they not been on
leave, the additional payment is the greater of:
(i) 17.5% of the employee’s minimum hourly rate for the employee’s
ordinary hours of work in the period; or
(ii) The minimum hourly rate for the employee’s ordinary hours of work in
the period inclusive of shift and weekend penalty rates for shiftwork as
specified in clause 28—Penalty rates for shiftwork. For the purposes of this
clause, the relevant penalty rates for shiftwork do not include the minimum
hourly rate for the employee’s ordinary hours of work.
[68] This solution appears to be relatively straightforward in terms of drafting. However, it
requires the reader to deduct the minimum wage from the penalty rates clause and then
compare the remainder to the annual leave loading. This may make the award more complex
and difficult for users to apply.
[69] We note that in the plain language review of the Clerks Private Sector Award 2010, Ai
Group raised a related issue in exposure drafts where the public holiday penalty clause has
been moved from the public holidays clause to the penalty rates clause. In those proceedings
Ai Group submitted that this has created an issue in the annual leave loading clause because:
‘It requires the payment of “penalty rates as specified in clause 23”, which prescribes
weekend and public holiday penalty rates. This deviates substantively from the current
clause 29.3(b)(i), which contemplates only weekend penalty rates. It thereby creates an
additional entitlement that is not bestowed by the Award.’43
[70] In a decision in September 2018 we decided to insert the word “weekend” before the
words “penalty rates” in clause (c)(ii) and the words “shift and weekend” before the words
“penalty rates” in clause (d)(ii) as an interim measure, as set out in Error! Reference source
not found.. We also propose to make this change to all exposure drafts set out at Attachment
B.
[71] Interested parties are invited to make submissions in relation to Ai Group’s proposed
re-drafting of the annual leave loading clause at [66] above by 4.00 pm, Friday 22 March
2019. Reply submissions are due 4.00 pm, Friday 19 April 2019.
43 Ai Group submission 20 February 2018 at page 21
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[72] This issue will be decided on the papers unless any party requests a formal hearing by
4.00 pm, Friday 5 April 2018.
Take home pay and absorption clause
[73] A statement issued on 16 October 201844 set out two issues that had been deferred
until the conclusion of the award stage of the Review. The first issue is the standard
absorption clause and the second concerns the take-home pay order clause. Both appear in the
Commencement and transitional clause contained in all modern awards. The 18 October 2018
Statement referred these two issues to this Full Bench.
[74] A decision finalising this issue was published on 27 February 2019.
Spread of hours
[75] A statement was issued on 13 November 201845 concerning a possible ambiguity
identified in a facilitative clause in a number of awards relating to the alteration to the span of
ordinary hours by up to one hour at either end of the spread (the Alteration clause). The
statement included a list of modern awards with an ambiguous Alternation clause. Interested
parties were invited to make submissions on both the ambiguity and the list of relevant
awards.
[76] A decision finalising this issue will be published shortly.
Shutdown provisions
[77] During the annual leave common issue proceedings an issue arose in relation to the
Black Coal Mining Award 2010 (the Black Coal Award) regarding annual leave shutdown. In
a Statement46 issued in November 2017, shutdown provisions in awards listed at Attachment
A to that statement were referred to the plain language Full Bench. There is also one
outstanding issue that relates to continuity of service when an employee is on annual leave
shutdown.
[78] In a decision47 issued on 22 September 2016, the Annual Leave Full Bench decided
that the broad right for an employer to direct the taking of annual leave without other
considerations and requirements, as was provided for in clause 25.4(c) of the Black Coal
Award, was not consistent with s.93(3) of the Act.48 Therefore it was a term that could not be
included in a modern award.49
44 [2018] FWC 5810
45 [2018] FWCFB 6849
46 [2017] FWC 5861
47 [2016] FWCFB 6836.
48 [2016] FWCFB 6836 at [83].
49 [2016] FWCFB 6836 at [83].
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb6836.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb6836.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb6836.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwc5861.htm#P27_606
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6849.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc5810.htm
[2019] FWCFB 1255
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[79] In the decision issued in March 201750, the Annual Leave Full Bench observed that a
term permitting different arrangements for annual leave during a period of shutdown or close-
down may be consistent with the statutory framework, depending on the terms of such a
provision. The Full Bench decided to vary the Black Coal Award to delete the existing
shutdown clause and expressed the provisional view that a revised shutdown provision should
be inserted and invited parties to file submissions on that view.51
[80] A decision52 issued in October 2017 dealt with the form of the revised shutdown
clause. The Full Bench decided to insert the revised shutdown provision as expressed in the
March decision subject to some amendments and the Black Coal Award was varied on 9
November 2017.53
[81] Attachment C sets out a list of the other 80 modern awards containing shutdown
provisions.
[82] During proceedings relating to the shutdown provisions in the Black Coal Award, the
Construction, Forestry, Mining and Energy Union (CFMEU) submitted that where an
employee takes unpaid leave during a shutdown period that leave counts as service and
provisions to that effect should be inserted.54 The CFMEU submitted it is fair and reasonable
for unpaid leave during shutdown to count as service because the leave would be taken as a
result of the employer’s action and would not be taken in absence of that action.55 The
CFMEU also submitted an employee therefore should not be subject to a penalty and a
shutdown situation is distinct from the scenario where an employee initiates the taking of
leave without pay.56
[83] The Full Bench was not satisfied that it was appropriate to deal with this issue at that
time because it may have implications for the review of all shutdown terms in modern
awards.57 Accordingly, the continuity issue was referred to this Full Bench.
[84] Parties are asked to make submissions on the following:
Whether the modern awards that currently contain shutdown provisions should be
varied to include the model term at Attachment D;
Any award specific variations that should be made; and
Whether unpaid leave taken during a shutdown period counts as service.
50 [2017] FWCFB 959.
51 [2017] FWCFB 959 at [34].
52 [2017] FWCFB 5394.
53 [2017] FWCFB 5394 at [76]; PR597595.
54 Construction, Forestry, Mining and Energy Union (CFMEU) submission October 2017 with the support of the
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian
Manufacturing Workers’ Union (AMWU) and The Association of Professional Engineers, Scientists and Managers,
Australia (APESMA).
55 CFMEU submission October 2017 at [10].
56 CFMEU submission October 2017 at [10].
57 [2017] FWCFB 5394 at [63]-[67].
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb5394.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201447-sub-ws-cfmeu-031017.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201447-sub-ws-cfmeu-031017.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201447-sub-ws-cfmeu-031017.pdf
https://www.fwc.gov.au/documents/awardsandorders/html/pr597595.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb5394.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb5394.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb959.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb959.htm
[2019] FWCFB 1255
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[85] Submissions should be filed by 4 pm on Friday 22 March 2019. Reply submissions
are due 4.00 pm, Friday 19 April 2019.
[86] This issue will be decided on the papers unless any party requests a formal hearing by
4.00 pm, Friday 5 April 2018.
Hourly rates of pay schedules – minimum hourly rate and percentage of ordinary hourly rate
[87] In the July 2017 Group 3 decision the Full Bench set out an issue related to the hourly
rates of pay schedules in exposure drafts that had been raised by Ai Group.58
[88] Ai Group made submissions that the rates in the hourly rates of pay schedule to a
number of awards (generally Schedule B) contain rates which are calculated based on the
minimum hourly rate, however the table in which the rates are included indicates that those
rates are a “percentage of the ordinary hourly rate”. In particular, Ai Group raised the issue in
relation to the exposure draft for the Business Equipment Award 2010 and the exposure draft
for the Horticulture Award 2010
[89] Schedule B.1.2 of the exposure drafts provide as follows:
‘The rates in the tables below are based on the minimum hourly rates in accordance
with clause 9.2. Consistent with clause B.1.1, all purpose allowances need to be added
to the rates in the table where they are applicable.’
[90] However, the second row of the table at B.2.1 indicates that the rates are to be
calculated as a percentage of the ordinary hourly rate. Ai Group submitted that this reference
may cause confusion as readers may conclude that the rates have been calculated based on the
ordinary hourly rate, which is defined to include all purpose allowances.
[91] Where an award contains an all-purpose allowance that applies to some employees, the
rates in the table must be read in the context of the following (generally at clause B.1.1):
‘Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any
allowance payable for all purposes to which the employee is entitled. Where an
allowance is payable for all purposes in accordance with clause XX, this forms part of
the employee’s ordinary hourly rate and must be added to the minimum hourly rate
prior to calculating penalties and overtime.’
[92] To provide further clarity, the parties proposed inserting the following to clause B.1.2
of the Business Equipment Award exposure draft:
‘Consistent with Clause B.1.1, all purpose allowances need to be added to the rates in
the table where they are applicable’
[93] Ai Group noted in a conference in July 2016 that if the table at B.2.1 were read in
isolation, a reader may assume that the table contains the ‘ordinary hourly rate’.
58 [2017 FWCFB 3433 at [353] – [362].
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm#P2320_199499
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/200716_am2014217.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-horticulture-revised-021117.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-business-equipment-revised-170717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-aig-140416.pdf
[2019] FWCFB 1255
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[94] The issue was subsequently identified in 40 awards containing all-purposes allowances
and generally relates to Schedule B of those awards.59
[95] The Full Bench stated:
‘ [360] We accept the proposition that to include every pay rate, particularly for awards
where all purpose allowances only apply to some employees, is not practical and
would amount to a substantive change in approach. However, to improve the
understanding of the rates table we propose that for modern awards that contain an all
purpose allowance which applies to only some employees clause X.1.2 will be
amended in accordance with the approach suggested in respect of the Business
Equipment Award 2010 (see [357] above). Additionally a footnote will be marked next
to ‘% of ordinary hourly rate’ in the heading row of the rates table, which states:
‘Rates in table are calculated based on the minimum hourly rate, see clauses
X.1.1 and X.1.2.’
[361] Where an award contains an all purpose allowance that applies to all employees
and that allowance has been incorporated in the rates in the hourly rates tables, this
will be identified by a note along the following lines:
xOrdinary hourly rate includes the industry allowance payable to all
employees for all purposes.’
[96] Interested parties were invited to comment on the Full Bench’s proposal at [95].
Submissions should be filed by 4pm on Friday 22 March 2019. If there is no opposition to
the provisional view we propose to apply this change to all exposure drafts as a part of the
plain language ‘light touch’.
59 [2017 FWCFB 3433 at Attachment B
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5. Award specific issue
14B Job search entitlement for casual employees in the Fitness Industry Award 2010
[97] During award stage proceedings, the Australian Swim Schools Association (ASSA)
submitted that clause 14.3 of the Fitness Award is ambiguous to the extent that it is unclear if
the entitlement applies to casual employees.60 The ASSA submitted the ambiguity may be
resolved by varying the clause to clearly state if the entitlement applies or does not apply to
casual employees. This issue was referred to the Plain Language Full bench in a decision in
October 201761. The next steps for this matter are set out in a Statement issued on 28 February
2019.62
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR705313
60 ASSA Submission, 4 August 2016.
61 [2017] FWCFB 5536.
62 [2019] FWC 1047
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014227-sub-assa-040816.pdf
21
Attachment A
Award code Award Proposed amendment
MA000048 Airline
Operations—
Ground Staff
Award 2010
A.3 Maintenance and engineering stream
A.3.1 Aircraft Worker 1 is an employee who is undertaking up to 38
hours induction training which may include information on the
enterprise, conditions of employment, introduction to supervisors and
fellow workers, training and career path opportunities, enterprise layout,
work and documentary procedures, occupational work health and
safety, equal employment opportunity, and quality control/assurance
procedures.
…
MA000049 Airport Employees
Award 2010
A.1 Technical services officers
A.1.10 Technical services officer Level 9
(c) Example of duties undertaken:
…
(x) Have an understanding of personnel, occupational
work health and safety and industrial relations matters and be
able to act in accordance with relevant policies and procedures.
A.3.6 Ground services officer level 6
Employment at this level requires an employee to be proficient in duties
ranging to and including Level 6 duties as specified by local agreement.
(a) Typical Level 6 duties:
• Have a good working knowledge of rules, regulations
pertaining to work duties (e.g. RPA’s, airport technical
manual, Civil Aviation Orders (CAO’s) and Occupational
Work Health and Safety (OH&S WH&S)).
MA000080 Amusement,
Events and
Recreation Award
2010
A.10.1 An employee appointed to this level undertakes three or more
of the following duties:
…
(e) Responsible for all occupational work health and safety
management in outdoor areas.
MA000118 Animal Care and
Veterinary
Services Award
2010
A.2.3 Level 2
A Level 2 employee will use limited discretion and initiative.
Knowledge relating to the care of animals will be necessary.
Level of responsibility, skills and knowledge
An employee at this level will:
(a) following Occupational Work Health and Safety procedures in
an animal care environment;
…
MA000001 Black Coal
Mining Industry
Award 2010
A.5.1 Open cut mines
The following lists are not exhaustive, but rather are indicative of the
types of competencies utilised in open cut mines.
INDUCTION
Induction (Generic, Minesite); Interpersonal; First Aid; Fire Fighting;
Occupational Work Health and Safety.
A.5.2 Underground mines
The following lists are not exhaustive, but rather are indicative of the
types of competencies utilised in underground mines.
INDUCTION
Induction (Generic, Minesite); Interpersonal; First Aid; Fire Fighting;
Occupational Work Health and Safety.
MA000091 Broadcasting and
Recorded
Entertainment
Award 2010
61.4 All cinema employees—break between shifts
(a) Employees must have at least 10 consecutive hours off duty
between the end of each shift and starting ordinary work on the next day
or shift. Where the employer is satisfied that occupational work health
and safety standards will be met, an employee may request and the
employer may agree that a break of at least eight hours be substituted
for the 10 hour break.
[2019] FWCFB 1255
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Award code Award Proposed amendment
A.1.16 Make-up and Hairdresser
…
(e) Assistant Hairdresser or Make-up Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Assistant Hairdresser
• Assists the hairdresser in the course of the
hairdresser’s duties by ensuring that hairdressing devices are
prepared in accordance with occupational work health and
safety standards and station policy.
(ii) Assistant Make-up Artist
• Assists the make-up artist in the course of the make-
up artist’s duties by ensuring that make-up materials and
devices are prepared in accordance with occupational work
health and safety standards and station policy. Responsible for
quality of own work under supervision of Hairdresser/Make-
Up Artist.
…
A.1.20 Set Design
…
(b) Senior Set Designer
Skills, competencies, duties and responsibilities held and exercised
…
(iii) Skilled in occupational work health and safety
(OH&S WH&S) regulations for construction, weights and
manual handling.
…
A.1.22 Properties
(a) Property Person/Senior Studio Hand
…
(x) Understands all OH&S WH&S regulations for
manual handling procedures.
…
(c) Property Assistant/Studio Hand/Prop and Scenery
Storeperson/Set Dresser
Skills, competencies, duties and responsibilities held and exercised
(xiv) Works under broad guidelines and OH&S WH&S regulations.
[2019] FWCFB 1255
23
Award code Award Proposed amendment
MA000020 Building and
Construction
General On-site
Award 2010
21.10 First aid allowance
…
(b) The first aid allowance will be paid at the following additional
rates:
(i) an employee who holds the minimum qualifications recognised
under the relevant State or Territory Occupational Work Health and
Safety legislation (or, in Western Australia, a Senior First Aid
certificate of Industrial First Aid certificate or equivalent qualification
from the St John Ambulance Association or similar body)—$2.75 per
day; or
…
21.10 First aid allowance
(b) The first aid allowance will be paid at the following additional
rates:
(ii) an employee who holds a higher first aid certificate recognised
under the relevant State or Territory Occupational Work Health and
Safety legislation (or, in Western Australia, a Senior First Aid
certificate or Industrial First Aid certificate or equivalent qualification
from the St John Ambulance Association or similar body)—$4.36 per
day.
…
22. Special rates
(k) Asbestos
Employees required to wear protective equipment (i.e. combination
overalls and breathing equipment or similar apparatus) as part of the
necessary safeguards as required by the appropriate occupational work
health authority for the use of materials containing asbestos or to work
in close proximity to employees using such materials, must be paid an
additional $0.81 per hour whilst wearing such equipment.
MA000095 Car Parking
Award 2010
12.5 Car Parking Officer Level 2
(c) Tasks an employee at this level may be required to perform
include:
…
• observing basic occupational work health and safety;
…
MA000055 Cement and Lime
Award 2010
Now a part of the Cement, Lime and Quarrying Award. See Quarrying
Award 2010 above.
MA000120 Children’s
Services Award
2010
A.1.8 Level 5
Indicative duties
• Co-ordinate centre or service operations including
Occupational Work Health and Safety, program planning, staff training.
MA000056 Concrete Products
Award 2010
A.1.1 Undertaking the employer’s induction programme which may
include information on the enterprise, conditions of employment,
introduction to supervisors and fellow employees, training and career
path opportunities, plant layout, work and documentation procedures,
occupational work health and safety and quality assurance.
[2019] FWCFB 1255
24
Award code Award Proposed amendment
MA000023 Contract Call
Centre Award
2010
A.2 Classification definitions
A.2.1 Customer contact stream—classifications
(b) Customer Contact Officer Level 1
(ii) Indicative tasks
An employee at this level would normally perform the following
indicative tasks:
• follow occupational work health and safety policy and
procedures;
…
(c) Customer Contact Officer Level 2
(iii) Indicative tasks
An employee at this level would normally perform the following
indicative tasks:
• follow occupational work health and safety policy and
procedures;
…
(e) Customer Contact Team Leader
(iv) Indicative tasks
An employee at this level would normally perform the following
indicative tasks:
• follow occupational work health and safety policy and
procedures;
…
MA000110 Corrections and
Detention (Private
Sector) Award
2010
A.2.4 Indicative tasks of a Correctional Officer are to:
• Comply with Occupational Work Health and Safety and Equal
Employment Opportunity (EEO)/Affirmative Action requirements in
accordance with relevant legislative requirements and contribute to the
maintenance and improvement of safety and equity in the workplace.
…
A.3.4 Indicative tasks of a Correctional Officer—Perimeter/Security
are to:
• Comply with Occupational Work Health and Safety and
EEO/Affirmative Action requirements in accordance with relevant
legislative requirements and contribute to the maintenance and
improvement of safety and equity in the workplace.
…
A.4.5 Indicative tasks of a Correctional Supervisor are to:
• Comply with Occupational Work Health and Safety and
EEO/Affirmative Action requirements in accordance with relevant
legislation and contribute to the maintenance and improvement of safety
and equity in the workplace.
…
A.5.3 Indicative tasks for a Court Security Officer are to:
• Comply with the Occupational Work Health and Safety
legislation, other relevant legislation and EEO/EOWA requirements and
contribute to the maintenance and improvement of safety and equity in
the workplace.
A.7.3 Indicative tasks for a Custody Officer are to:
• Comply with Occupational Work Health and Safety
legislation, other relevant legislation and EEO/EOWA requirements and
contribute to the maintenance and improvement of safety and equity in
the workplace.
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Award code Award Proposed amendment
MA000024 Cotton Ginning
Award 2010
7. Classifications
7.2 Cotton ginning employee level 2 (CG2)
Employees at this level:
(a) are workers who are in charge of operating a piece of
machinery (mobile plant or gin machinery) where greater
OH&S work health and safety considerations exist
compared with CG1 roles; and
MA000076 Educational
Services (Schools)
General Staff
Award 2010
A.2.6 Level 6
An employee at this level performs work above and beyond the skills of
an employee at Level 5.
…
(e) Typical activities
(i) Preschool/childcare services grade 5
• Co-ordinating operations, occupational work health
and safety, program planning, staff training
MA000073 Food, Beverage
and Tobacco
Manufacturing
Award 2010
A.2.1 Level 1 (78% relativity to the tradesperson)
(b) Competencies
An employee at Level 1 performs general duties essentially of a manual
nature, and:
…
(iii) is undertaking up to 38 hours’ induction training which may
include information on the enterprise, conditions of employment,
introduction to supervisors and fellow workers, training and career path
opportunities, plant layout, work and documentation procedures,
occupational work health and safety, equal employment opportunity and
quality control/assurance.
MA000101 Gardening and
Landscaping
Services Award
2010
A.1.2 An employee at this level is undertaking training for a period
of not more than three months which may include information on the
workplace, conditions of employment, introduction to supervisors and
fellow workers, training and career path opportunities, workplace
layout, work and documentation procedures, work health and safety
occupational health and safety, equal employment opportunity and
quality control/assurances.
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Award code Award Proposed amendment
MA000026 Graphic Arts,
Printing and
Publishing Award
2010
23. Refreshment entitlement
23.1 A reasonable opportunity is to be provided by the employer for
each employee to pause to acquire a refreshment during the first half of
the day or shift, at a time specified by the employer, subject to:
…
(d) maintenance of high standards of occupational work health and
safety; and
…
Schedule A—Classification Definitions
A.2 Level 2
Employees at this level perform work above the skills of an employee at
level 1 to the level of their competence, skill and training.
• understanding and applying occupational work health and
safety (OH&S) practices and existing procedures applying in their work
area at their level of training;
…
Schedule A—Classification Definitions
A.8 Level 8
Employees at this level perform work above the skills of an employee at
level 7 to the level of their competence, skill and training. An employee
at this level may have completed a trade certificate, AQF Certificate
Level IV or equivalent training.
• participating in, developing and implementing appropriate
occupational work health and safety practices in the area of work;
encouraging staff under their supervision to accept and enforce safety
requirements;
…
MA000007 Higher Education
Industry—General
Staff—Award
2010
A.2.1 Higher Education Worker Level 1 (HEW 1)
(a) Training level or qualifications
Employees at the base of this level would not be required to have formal
qualifications or work experience upon engagement.
Employees engaged at the base of this level will be provided with
structured on the job training in addition to up to 38 hours of induction
which must provide information on the higher education institution,
conditions of employment, training to be made available and
consequent career path opportunities, physical layout of the
institution/work areas, introduction to fellow workers and supervisors,
work and documentation procedures, occupational work health and
safety, equal opportunity practices and extended basic literacy and
numeracy skills training where required/necessary to enable career path
progression.
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Award code Award Proposed amendment
MA000028 Horticulture
Award 2010
Schedule A—Classification Definitions
A.1 Level 1
A.1.2 General description
An employee at this level:
• undertakes induction training which may include information
on the enterprise, conditions of employment, introduction to supervisors
and fellow workers, training and career opportunities, plant layout,
work and documentation procedures, occupational work health and
safety, equal employment opportunity and quality control/assurance;
…
A.2 Level 2 employee
A.2.2 General description
An employee at this level:
• receives training in occupational work health and safety
standards and practices relevant to the site;
…
A.3 Level 3 employee
A.3.2 General description
An employee at this level:
• receives training in occupational work health and safety
standards and practices in work areas relevant to the site and appropriate
to this award;
…
A.4 Level 4 employee
A.4.2 General description
An employee at this level:
• monitors the application of occupational work health and
safety standards in work areas relevant to the site and appropriate to this
level;
…
MA000029 Joinery and
Building Trades
Award 2010
A.1.1 Level 1 [relativity to Level 5—78%]
(a) An employee at this level will undertake up to 38 hours
induction training which may include information on the company,
conditions of employment, introduction to supervisors and fellow
workers, training and career path opportunities, plant layout, work and
documentation procedures, occupational work health and safety, equal
employment opportunity and quality control/assurance.
…
MA000081 Live Performance
Award 2010
A.1.1 Production and Support Staff Level 1
…
(b) The induction training may include information on the
enterprise or production, conditions of employment, introduction of
supervisors and fellow workers, training and career path opportunities,
venue/workshop/plant layout, work and documentation procedures,
basic theatre terminology and etiquette, occupational work health and
safety, equal employment opportunity and quality control/assurance.
MA000010 Manufacturing
and Associated
Industries and
Occupations
Award 2010
A.3.3 Wage Group: C14
(a) Engineering/Manufacturing Employee—Level I
(i) An Engineering/Manufacturing Employee—Level I is an
employee who is undertaking up to 38 hours induction training which
may include information on the enterprise, conditions of employment,
introduction to supervisors and fellow workers, training and career path
opportunities, plant layout, work and documentation procedures,
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Award code Award Proposed amendment
occupational work health and safety, equal employment opportunity and
quality control/assurance.
…
A.3.13 Wage Group: C4
(a) Engineering Associate/Laboratory Technical Officer—Level I
(i) An Engineering Associate/Laboratory Technical Officer —
Level I means an employee who works above and beyond a technician
at the C5 level and who has completed the minimum training
requirements specified in clause A.2.1 of Schedule A or equivalent and
is engaged in:
• making of major design drawings or graphics or performing
technical duties in a specific field of engineering, laboratory or
scientific practice such as research design, testing, manufacture,
assembly, construction, operation, diagnostics and maintenance of
equipment facilities or products, including computer software, quality
processes, occupational work health and safety and/or standards and
plant and material security processes and like work and/or developing
test procedures or manuals from test standards and like work; or
…
A.3.15 Wage Group: C2
(b) Principal Engineering Supervisor/Trainer/Coordinator
(i) A Principal Engineering Supervisor/Trainer/Coordinator
means a Supervisor/Trainer/Coordinator who has completed a national
advanced diploma or equivalent of which at least 50% of the
competencies are in supervision/training and who when engaged at this
level:
• possesses a sound knowledge of occupational work health and
safety, industrial relations, and communications processes and is able to
use this knowledge in training and leading the work of others;
MA000033 Nursery Award
2010
9.2 Ordinary hours of work
(c) The ordinary hours of work will not exceed eight hours on any
day, provided that by arrangement between an employer and an
employee ordinary working hours greater than eight but not exceeding
10 on any day may be worked subject to:
(i) the employer and employee concerned being guided by
relevant occupational work health and safety provisions;
…
MA000035 Pastoral Award
2010
28.2 Piggery attendant level 1 (PA1)
(a) A piggery attendant level 1 (PA1) is:
• an employee undertaking up to 38 hours’ induction training
which may include information on the enterprise, conditions of
employment, introduction to supervisors and fellow workers, training
and career path opportunities, farm layout, production program, work
and record keeping procedures and occupational work health and safety;
or
…
Parties have already agreed to following changes, these changes made
been made to the latest exposure draft:
23.2 Farm and livestock hand level 2 (FLH2)
An employee at this level includes:
(b) Feedlot employee grade 1 with more than three months’
experience in the industry who:
• carry out workplace OH&S WH&S procedures.
23.4 Farm and livestock hand level 4 (FLH4)
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Award code Award Proposed amendment
An employee at this level includes:
(a) Feedlot employee level 2 who:
• carry out workplace OH&S WH&S procedures.
23.6 Farm and livestock hand level 6 (FLH6)
• carry out workplace OH&S WH&S procedures.
23.7 Farm and livestock hand level 7 (FLH7)
• carry out workplace OH&S WH&S procedures.
MA000036 Plumbing and
Fire Sprinklers
Award 2010
20.6 Wage-related allowances—Conditions for payment of
allowances and additional payments required
…
(d) Asbestos materials
Employees required to wear protective equipment (i.e. combination
overalls and breathing equipment or similar apparatus) as part of the
necessary safeguards required by the appropriate occupational work
health authority for the use of materials containing asbestos or to work
in close proximity to employees using such materials must be paid an
additional $0.81 per hour whilst wearing such equipment.
A.3.1 Work levels
…
(g) Plumbing and mechanical services tradesperson/Sprinkler
fitter tradesperson Level 2
…
has knowledge of occupational work, health and safety requirements
subject to the level of their training; and
MA000037 Quarrying Award
2010
Please note: this exposure draft is renamed as the Cement, Lime &
Quarrying award
D.2 Core competencies—cement and lime industry
(g) Basic
Elements:
(i) working safely and follow occupational work health and safety
policies and procedures;
…
MA000014 Racing Industry
Ground
Maintenance
Award 2010
A.5 Trackwork and Pool Supervisor
…
(c) ensuring the observance of the training track rules and
regulations, with particular emphasis on occupational work health and
safety and ensuring observance of safe practices by trainers and track
riders, including the wearing of protective clothing;
…
A.7 Management Employee Level 2
An employee appointed to this level reports directly to the Committee
of Management and undertakes three or more of the following duties:
…
(e) responsible for all occupational work health and safety
management in outdoor areas;
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Award code Award Proposed amendment
MA000058 Registered and
Licensed Clubs
Award 2010
A.9.6 Maintenance and horticultural management level 2 means
employee appointed to this level who reports directly to the Committee
of Management and undertakes three or more of the following duties:
…
(e) responsible for all occupational Work Health and Safety
management in outdoor areas;
MA000038 Road Transport
and Distribution
Award 2010
A.3.1 Skills/Duties
…
(g) In addition to the above, may be responsible for the proper
application and maintenance of appropriate occupational work health
and safety standards.
MA000100 Social,
Community, Home
Care and
Disability Services
Industry Award
2010
A.5 Social and community services employee level 5
A.5.2 Responsibilities
To contribute to the operational objectives of the work area, a position
at this level may include some of the following:
(i) monitor and interpret legislation, regulations and
other agreements relating to occupational work health and
safety, workers compensation and rehabilitation;
B.3 Crisis accommodation employee level 3
B.3.2 Responsibilities
To contribute to the operational objectives of the work area, a position
at this level may include some of the following:
…
(h) monitor and interpret legislation, regulations and
other agreements relating to occupational work health and
safety, workers compensation and rehabilitation;
D.5 Home care employee level 5
D.5.1 Accountability and extent of authority
…
(d) Employees with co-ordination responsibilities are also required
to ensure that all employees under their direction are trained in safe
working practices and in the safe operation of equipment and are made
aware of all occupational work health and safety policies and
procedures.
…
D.5.4 Management skills
(b) The position requires an understanding of and ability
to implement basic personnel policies and practices including
those related to equal employment opportunity, occupational
work health and safety and employees’ training and
development.
MA000087 Sugar Industry
Award 2010
B.4.2 Wage Group: C14
(a) Engineering/production employee level I
(i) An engineering/production employee level I is an
employee who is undertaking up to 38 hours induction training
which may include information on the enterprise, conditions of
employment, introduction to supervisors and fellow workers,
training and career path opportunities, plant layout, work and
documentation procedures, occupational work health and
safety, equal employment opportunity and quality
control/assurance.
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Award code Award Proposed amendment
MA000103 Supported
Employment
Services Award
2010
A.1.1 An employee engaged in this grade will undertake up to 38
hours induction training which may include information on the
employer’s business, conditions of employment, introduction to
supervisors and fellow employees, training and career path
opportunities, worksite layout, work and documentation procedures,
occupational work health and safety, equal employment opportunity and
quality control/assurances.
MA000041 Telecommunicatio
ns Services Award
2010
A.4.2 Telecommunications Technical Employee
…
(c) Telecommunications Technical Employee (Customer Access
Network)
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at
this level:
• follow occupational work health and safety policy and
procedures;
…
A.4.4 Advanced Telecommunications Technician
…
(c) Advanced Telecommunications Technician (Engineering)
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at
this level:
• follow occupational work health and safety policy and
procedures;
…
MA000017 Textile, Clothing,
Footwear and
Associated
Industries Award
2010
A.1 Trainee
Training for new entrants will be determined in accordance with the
needs of the enterprise, but will involve instruction aimed at assisting
trainees to achieve the range of competencies required at Skill Level 1,
including:
• the knowledge and skills required to apply relevant
Occupational Work Health and Safety practices and procedures;
…
A.6 Skill Level 5
Employees at this level exercise the skills necessary to be graded at
Skill Level 4 and have a comprehensive knowledge of enterprise
products and processes and are principally engaged in specialist tasks.
• exercise the skills associated with Skill Level 4 and perform
one or more of the following Team Leader activities:
implement and monitor occupational work health and safety policies
and procedures;
…
MA000071 Timber Industry
Award 2010
A.1 Level 1 (relativity 78%)
A.1.1 General
…
(d) Induction training
Induction training will include the following:
(i) basic occupational work health and safety;
A.2.1 General
An employee at this level performs work above and beyond the skills of
a Level 1 employee and is competent to perform work within the scope
of this level.
…
(d) General description of knowledge required in addition to that
outlined in Level 1:
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Award code Award Proposed amendment
(iv) awareness of occupational work health and safety
procedures for pre-set cutting equipment, and other health and
safety procedures; and
A.5.3 Harvesting, milling and processing, Manufacturing or
Merchandising employee Level 5
…
(d) General description of knowledge required
(vi) knowledge of occupational work health, safety
techniques and legislation for work undertaken at this level;
B.1 Timber furniture production employee, Level 1 (relativity
78%)
A Timber furniture production employee, Level 1 is an employee new
to the industry who is undertaking up to three months’ induction and
skill development consistent with national competency standards to
prepare the employee for a productive role in the industry.
The induction and skill development will include information
on the enterprise, conditions of employment, introduction to
supervisors, fellow employees, machinery and work processes
of the enterprise, information on training and career
opportunities, plant layout, work and documentation
procedures, basic occupational work health and safety
instruction and quality assurance.
C.1 Indicative tasks/skills
Employees engaged in the classifications contained in this Schedule
will work to the level of their skills, competence and training and will
perform work within the scope of their level as follows:
C.1.1 Level 1 (relativity 85%)
Employee undertakes induction training sufficient to allow the
employee to participate in work training. Can undertake tasks under
direct supervision and to the level provided in the induction training.
…
• occupational work health and safety
…
C.1.6 Level 6 (relativity 105%)
…
• Observes occupational work health and safety and
environmental policies, supervises other employees in safe working
practices
…
C.1.7 Level 7 (relativity 110%)
…
• Carries out risk assessments, rectifies identified hazards,
applies occupational work health and safety and environmental policies,
and ensures safe working practices are followed
…
C.1.8 Level 8 (relativity 115%)
…
• Applies occupational work health and safety and
environmental policies and/or legislation and ensures safe working
practices are followed
…
C.1.9 Level 9 (relativity 120%)
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Award code Award Proposed amendment
…
• Can establish safe working procedures and systems
and participates in the establishment of occupational work
health and safety and environmental policies
MA000089 Vehicle
Manufacturing,
Repair, Services
and Retail Award
2010
This award is subject to amendments as provided in Full Bench
Decision [2016] FWCFB 4418 , which may impact the award in which
the following changes are made.
A.1 Vehicle industry RS&R—employee—Level 1 R1 (entry)
An employee at Level 1 is an employee who has undertaken little or no
formal or informal training. A Level 1 employee may be undertaking up
to 38 hours of induction training. The induction training may include
information on the enterprise, conditions of employment, introduction
to supervisors and fellow workers, training and career path
opportunities, plant layout, work and documentation procedures,
occupational work health and safety, equal employment opportunity and
quality control/assurance.
B.1 V1—Vehicle industry/production employee Level 1
B.1.1 A Vehicle industry/production employee—Level 1 is an
employee undertaking up to 38 hours’ induction training which may
include information on the enterprise, conditions of employment,
introduction to supervisors and fellow workers, training and career path
opportunities, plant layout, work and documentation procedures,
occupational work health and safety, equal employment opportunity and
quality control/assurance.
…
B.11 V11—Vehicle industry engineering associate—Level I
B.11.1 A Vehicle industry engineering associate—Level I means an
employee who works above and beyond a technician at Level V10 and
has successfully completed third year part-time (or 22 modules) of an
Advanced Diploma or equivalent and is engaged in:
(a) making of major design drawings or graphics or performing
technical duties in a specific field of engineering, laboratory or
scientific practice such as research design, testing, manufacture,
assembly, construction, operation, diagnostics and maintenance or
equipment facilities or products, including computer software, quality
processes, occupational work health and safety and/or standards and
plant and material security processes and like work; or
…
B.13 V13—Vehicle industry leading technical officer &
Principal engineering trainer/supervisor/co-ordinator
B.13.1 ….
(a) Principal engineering trainer/supervisor/co-ordinator
(i) A Vehicle industry principal trainer/supervisor/co-
ordinator means a trainer/supervisor/co-ordinator who has
completed an Advanced Diploma of which 15 modules are
supervision/training modules or equivalent and who when
engaged in this level:
• possesses a sound knowledge of occupational work
health and safety, industrial relations, and communications
processes and is able to use this knowledge in training and
leading work of others; and
http://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb4418.htm
34
Attachment B
Awards that have been identified that may have an issue with the interaction between the
annual leave loading and the penalty rates provisions in the exposure draft
Aboriginal Community Controlled Health Services Award 2010
Aged Care Award 2010
Airport Employees Award 2010
Animal Care and Veterinary Services Award 2010
Asphalt Industry Award 2010
Banking, Finance and Insurance Award 2010
Black Coal Mining Industry Award 2010
Building and Construction General On-site Award 2010
Business Equipment Award 2010
Car Parking Award 2010
Cement and Lime Award 2010
Cleaning Services Award 2010
Clerks - Private Sector Award 2010
Coal Export Terminals Award 2010
Concrete Products Award 2010
Contract Call Centres Award 2010
Dry Cleaning and Laundry Industry Award 2010
Educational Services (Post-Secondary Education) Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Teachers) Award 2010
Electrical Power Industry Award 2010
Electrical, Electronic and Communications Contracting Award 2010
Fast Food Industry Award 2010
Food, Beverage and Tobacco Manufacturing Award 2010
Gas Industry Award 2010
General Retail Industry Award 2010
Graphic Arts, Printing and Publishing Award 2010
Hair and Beauty Industry Award 2010
Health Professionals and Support Services Award 2010
Higher Education Industry-General Staff-Award 2010
Joinery and Building Trades Award 2010
Legal Services Award 2010
Manufacturing and Associated Industries and Occupations Award 2010
Meat Industry Award 2010
Medical Practitioners Award 2010
Miscellaneous Award 2010
Mobile Crane Hiring Award 2010
Nurses Award 2010
Pastoral Award 2010
Pest Control Industry Award 2010
Pharmaceutical Industry Award 2010
Pharmacy Industry Award 2010
Poultry Processing Award 2010
Premixed Concrete Award 2010
Quarrying Award 2010
Road Transport and Distribution Award 2010
Seafood Processing Award 2010
[2019] FWCFB 1255
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Social, Community, Home Care and Disability Services Industry Award 2010
Storage Services and Wholesale Award 2010
Sugar Industry Award 2010
Telecommunications Services Award 2010
Textile, Clothing, Footwear and Associated Industries Award 2010
Timber Industry Award 2010
Vehicle Manufacturing, Repair, Services and Retail Award 2010
Waste Management Award 2010
Wine Industry Award 2010
36
Attachment C– 80 modern awards containing a shutdown provision
1. Aboriginal Community Controlled Health Services Award 2010 (clause 26.3)
2. Aircraft Cabin Crew Award 2010 (clause 25.4)
3. Airline Operations–Ground Staff Award 2010 (clause 34.9)
4. Alpine Resorts Award 2010 (clause 26.3)
5. Aluminium Industry Award 2010 (clause 22.5)
6. Ambulance and Patient Transport Industry Award 2010 (clause 30.12)
7. Animal Care and Veterinary Services Award 2010 (clause 26.5)
8. Aquaculture Industry Award 2010 (clause 23.3)
9. Asphalt Industry Award 2010 (clause 25.4)
10. Banking, Finance and Insurance Award 2010 (clause 24.5)
11. Broadcasting and Recorded Entertainment Award 2010 (clause 23.4)
12. Building and Construction General On-site Award 2010 (clause 38.3)
13. Business Equipment Award 2010 (clause 31.4)
14. Car Parking Award 2010 (clause 25.4)
15. Cemetery Industry Award 2010 (clause 24.3)
16. Cement and Lime Award 2010 (clause 24.4)
17. Children’s Services Award 2010 (clause 24.4)
18. Cleaning Services Award 2010 (clause 29.6)
19. Clerks—Private Sector Award 2010 (clause 29.5)
20. Coal Export Terminals Award 2010 (clause 19.7)
21. Commercial Sales Award 2010 (clause 24.5)
22. Concrete Products Award 2010 (clause 26.4)
23. Contract Call Centres Award 2010 (clause 27.9)
24. Educational Services (Post-Secondary Education) Award 2010 (clause 25.6)
25. Electrical Power Industry Award 2010 (clause 27.8)
26. Electrical, Electronic and Communications Contracting Award 2010 (clause 28.5)
27. Food, Beverage and Tobacco Manufacturing Award 2010 (clause 34.11)
28. Gardening and Landscaping Services Award 2010 (clause 24.9)
29. Gas Industry Award 2010 (clause 25.3)
30. General Retail Industry Award 2010 (clause 32.5)
31. Graphic Arts, Printing and Publishing Award 2010 (clause 37.12)
32. Hair and Beauty Industry Award 2010 (clause 33.5)
33. Health Professionals and Support Services Award 2010 (clause 31.4)
34. Higher Education Industry—Academic Staff—Award 2010 (clause 27.2)
35. Higher Education Industry—General Staff—Award 2010 (clause 30.4)
36. Horse and Greyhound Training Award 2010 (clause 23.3)
37. Hospitality Industry (General) Award 2010 (clause 34.3)
38. Hydrocarbons Industry (Upstream) Award 2010 (clause 27.7)
39. Joinery and Building Trades Award 2010 (clause 32.9)
40. Journalists Published Media Award 2010 (clause 24.8)
41. Legal Services Award 2010 (clause 35.6)
42. Local Government Industry Award 2010 (clause 25.5)
43. Manufacturing and Associated Industries and Occupations Award 2010 (clause 41.10)
44. Meat Industry Award 2010 (clause 37.8)
45. Mining Industry Award 2010 (clause 23.6)
46. Mobile Crane Hiring Award 2010 (clause 25.5)
47. Miscellaneous Award 2010 (clause 23.4)
48. Nursery Award 2010 (clause 27.12)
49. Nurses Award 2010 (clause 31.9)
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50. Oil Refining and Manufacturing Award 2010 (clause 26.6)
51. Pest Control Industry Award 2010 (clause 24.9)
52. Premixed Concrete Award 2010 (clause 24.4)
53. Pharmaceutical Industry Award 2010 (clause 26.10)
54. Plumbing and Fire Sprinklers Award 2010 (clause 34.3)
55. Poultry Processing Award 2010 (clause 27.9)
56. Premixed Concrete Award 2010 (clause 24.4)
57. Professional Employees Award 2010 (clause 19.4)
58. Quarrying Award 2010 (clause 29.4)
59. Racing Clubs Events Award 2010 (clause 30.3)
60. Racing Industry Ground Maintenance Award 2010 (clause 24.2)
61. Real Estate Industry Award 2010 (clause 25.2(c))
62. Registered and Licensed Clubs Award 2010 (clause 30.4)
63. Restaurant Industry Award 2010 (clause 35.3)
64. Road Transport (Long Distance Operations) Award 2010 (clause 23.8)
65. Road Transport and Distribution Award 2010 (clause 29.7)
66. Salt Industry Award 2010 (clause 25.6)
67. Seafood Processing Award 2010 (clause 27.11)
68. Security Services Industry Award 2010 (clause 24.9)
69. Silviculture Award 2010 (clause 29.3)
70. Storage Services and Wholesale Award 2010 (clause 26.6)
71. Sugar Industry Award 2010 (clause 33.5)
72. Supported Employment Services Award 2010 (clause 22.3)
73. Surveying Award 2010 (clause 24.3)
74. Telecommunications Services Award 2010 (clause 23.9)
75. Textile, Clothing, Footwear and Associated Industries Award 2010 (clause 41.7)
76. Timber Industry Award 2010 (clause 33.11)
77. Vehicle Manufacturing, Repair, Services and Retail Award 2010 (clause 29.12)
78. Water Industry Award 2010 (clause 27.4)
79. Wine Industry Award 2010 (clause 31.9)
80. Wool Storage, Sampling and Testing Award 2010 (clause 26.3)
38
Attachment D – Shutdown provision model clause
‘XX.XX Shutdown
(a) Clause XX.XX applies if an employer intends to shutdown all or part of its
operation for a particular period (temporary shutdown period) and wishes to require
affected employees to take leave during that period.
(b) The employer must give the affected employees 28 days’ written notice of a
temporary shutdown period, or any shorter period agreed between them and the
employer.
(c) The employer must give written notice of a temporary shutdown period to any
employee who is engaged after the notice is given under paragraph (b) and who will
be affected by that period, as soon as reasonable practicable after the employee is
engaged.
(d) The following applies to any affected employee during a temporary shutdown
period:
(i) the employee may elect to cover the temporary shutdown period by doing
one, or a combination of 2 or more, of the following:
taking paid annual leave if the employee has accrued an entitlement to
such leave;
taking leave without pay;
taking annual leave in advance in accordance with an agreement under
clause XX.XX;
(ii) if the employee does not make an election under subparagraph (i) that
covers the whole of the temporary shutdown period, then the employer may
direct the employee to take a period of paid annual leave to which the employee
has accrued an entitlement.
(e) A direction by the employer under clause XX.XX(d)(ii):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under
clause XX.XX(d)(ii).
(g) In determining the amount of paid annual leave to which an employee has accrued
an entitlement, any period of paid annual leave taken in advance by the employee, in
accordance with an agreement under clause XX.XX, to which an entitlement has not
been accrued is to be taken into account.
(h) If a temporary shutdown period includes a day or part-day that is a public holiday
and would have been a working day for the employee had the employee not been on
leave in accordance with clause XX.XX, the employee is taken not to be on leave on
that day or part-day.
[2019] FWCFB 1255
39
(i) Clauses XX.XX to XX.XX do not apply to a period of annual leave that an
employee is required to take during a temporary shutdown period in accordance with
clause XX.XX.’
