1
Fair Work Act 2009
s.156 – 4 yearly review of modern awards
4 yearly review of modern awards–award stage
(AM2014/1)
JUSTICE ROSS, PRESIDENT MELBOURNE, 13 FEBRUARY 2019
4 yearly review of modern awards – award stage – technical and drafting issues – status
report – finalisation of exposure drafts – timeline.
CONTENTS
Paragraph
1. Introduction [1]
2. Background [9]
3. Award stage [19]
3.1 General technical and drafting issues determined [19]
3.2 Award specific technical and drafting issues determined [89]
3.2.1 Group 1 [89]
3.2.2 Group 2 [98]
3.2.3 Group 3 [101]
3.2.4 Group 4 [105]
4. Next Steps [107]
Attachment A — List of modern awards—by sub-group
Attachment
A
Attachment B— List of decisions relating to technical and drafting issues —
award stage
Attachment B
[2019] FWC 932
STATEMENT
E AUSTRALIA FairWork Commission
[2019] FWC 932
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1. Introduction
[1] Since January 2014, the Commission has been conducting a 4 yearly review of all
modern awards in accordance with s.156 of the Fair Work Act (2009) (the FW Act).1 The
Review has been conducted in three stages—an initial stage to deal with any jurisdictional
issues, an award stage where each award is being reviewed in its own right and a common
issues stage where claims that affect all or a number of awards are dealt with by a dedicated
Full Bench.
[2] This Statement provides an overview of the status of the award stage of the 4 yearly
Review of modern awards (the Review) and provides a timeline for the finalisation of
exposure drafts.
[3] In the coming weeks I will publish a statement dealing with the plain language project,
which will detail all matters referred to that Full Bench and provide an outline of a process for
finalising those matters.
[4] The Commission has now determined all technical and drafting issues relating to the
majority of awards in Groups 1 – 4. Exposure drafts in all groups have been updated in
accordance with a number of recent technical and drafting decisions, along with a number of
common issue decisions. Exposure drafts in Groups 1 – 4 will be republished over the coming
weeks and interested parties will be provided an opportunity to comment on the updated
exposure drafts.
[5] A timeline for the publication of these documents and submission deadlines for
interested parties is set out at below. The timeline sets out dates for the republication and
finalisation of exposure drafts throughout 2019. Parties will be provided an opportunity to
comment on updated exposure drafts three times throughout 2019, prior to the exposure drafts
being finalised in October 2019. These three updates are as follows:
Update 1: An update incorporating changes resulting from:
(a) recent technical and drafting decisions for each group (1–4) of the award
stage;
(b) recent common issues and plain language decisions including payment of
wages on termination, standard clauses, National Training Wage, family and
domestic violence leave, flexible working arrangements, part-day public
holidays, casual conversion, minimum engagement and abandonment of
employment; and
(c) adjustments to rates and allowances resulting from the 2017-18 Annual
Wage Review decision and any award variations operative since the last update.
Update 2*: A further update incorporating changes resulting from parties
submissions regarding update 1 and the plain language ‘light touch’ process, which
1 Section 156 of the FW Act was repealed by the Fair Work Amendment (Repeal of 4 Yearly Review and Other Measures)
Act 2018 (Cth). Clause 26 of Schedule 4 of the Amendment Act sets out the requirement to review a modern award
continues to apply where the review commenced, and was not completed, before 1 January 2018.
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will include structural changes to exposure drafts in groups 1-3 (these structural
changes have already been made to exposure drafts in group 4).2
Update 3*: A further update incorporating adjustments to rates and allowances
resulting from the 2018-19 Annual Wage Review decision and any changes resulting
from parties submissions regarding update 2.
*These updates will also incorporate any changes resulting from substantive claims
heard by separate full benches, outstanding common issues or any other matters that
may be determined in the timeframe.
[6] The timeline for publishing exposure drafts for 2019 is as follows:
Date Event
Groups 1 – 2 13 February 2019 Exposure drafts for Group 1 to be updated and
republished
15 February 2019 Exposure drafts for Group 2 to be updated and
republished
13 March 2019 Parties to comment on updated Group 1 exposure drafts
15 March 2019 Parties to comment on updated Group 2 exposure drafts
May 2019 Exposure drafts to be updated and republished with
‘plain language light touch’
June 2019 Parties to comment on updated ‘plain language light
touch’ exposure drafts
August 2019 Exposure drafts to be republished incorporating
adjusted rates and allowances as a result of the 2018-19
Annual Wage Review decision
September 2019 Parties to comment on updated rates in exposure drafts
October 2019 Exposure draft to be issued as new consolidated award
Groups 3 – 4 1 March 2019 Exposure drafts for Group 3 to be updated and
republished
8 March 2019 Exposure drafts for Group 4 to be updated and
republished
29 March 2019 Parties to comment on updated Group 3 exposure drafts
5 April 2019 Parties to comment on updated Group 4 exposure drafts
May 2019 Exposure draft to be updated and republished with
‘plain language light touch’
June 2019 Parties to comment on updated ‘plain language light
touch’ exposure drafts
August 2019 Exposure drafts to be republished incorporating
adjusted rates and allowances as a result of the 2018-19
Annual Wage Review decision
September 2019 Parties to comment on updated rates in exposure drafts
October 2019 Exposure draft to be issued as new consolidated award
2 A separate Statement relating to the plain language project will be issued shortly.
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[7] A small number of award specific technical and drafting issues remain outstanding in
some exposure drafts. These outstanding issues are dealt with later in this Statement. Specific
clauses in exposure drafts that relate to any outstanding issues (including those that are the
subject of substantive claims) will be quarantined and a note inserted into the relevant clause
of the exposure drafts during the publication process in 2019. Any outstanding substantive
claims that have not been determined when the exposure drafts become new modern awards
will be incorporated by way of a subsequent variation determination.
[8] Before dealing with the status of each group in the award stage, it is important to
provide a background of the Review and a summary of all technical and drafting matters
determined during since the commencement of the Review in 2014.
2. Background
[9] As noted earlier, the Review has been conducted in three stages—an initial stage, an
award stage and a common issues stage. The award stage and the common issues stage have
run in parallel, in addition to dealing with claims to make substantive changes to award
provisions. Claims to make substantive changes have been dealt with by separate Full
Benches, and there has been a separate Full Bench constituted to hear and determine each
common issue. There has also been a core Full Bench established to hear and determine
technical and drafting matters arising from the review of each group of individual awards in
the award stage.
Initial stage proceedings
[10] During the initial stage proceedings a Full Bench issued a decision dealing with
preliminary jurisdictional issues.3 In that decision the scope of the Review was determined
and the Full Bench made a number of observations regarding the Review and the
Commission’s discretion under s.156 of the FW Act.4
Common Issues
[11] The following matters were identified as common issues at the commencement of the
Review (during a conference held on 26 February 2014):
annual leave (AM2014/47)
award flexibility/facilitative provisions including time off instead of payment for
overtime (TOIL) (AM2014/300)
casual employment (AM2014/197)
family and domestic violence clause (AM2015/1)
family friendly work arrangements (AM2015/2)
micro business schedule (AM2014/306)5
part-time employment (AM2014/196)
public holidays (AM2014/301)
3 [2014] FWCFB 1788
4 [2014] FWCFB 1788 at [60]
5 The application for a micro-business schedule was withdrawn by ABI on 12 October 2016
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014306-corr-abiandnswbc-121016.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2014fwcfb1788.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2014fwcfb1788.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am2014301-public-holidays
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am2014196-part-time
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am2014306-micro-business
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am20152-family-friendly
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am20151-family-domestic
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am2014300-award-flexibility
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am201447-annual-leave
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transitional/sunsetting provisions relating to accident pay, redundancy and district
allowances (AM2014/190) (Note: Other transitional or sunset provisions in modern
awards will be dealt with during the award phase of the Review).
[12] As the Review progressed the Commission grouped together a number of further
‘applications’ into common issue matters in order to deal with them more efficiently. The
additional common issues are:
abandonment of employment (AM2016/35)
annualised salaries (AM2016/13)
blood donor leave (AM2016/36)
National Training Wage (AM2016/17)
payment of wages (AM2016/8)
training costs (AM2016/14)
overtime entitlement for casual employees (AM2017/51)
[13] When a Full Bench determined a common issue, the decision has generally flowed on
to all or a substantial number of modern awards (regardless of the number of awards included
in the original application6). As at 13 February 2018, there remain 5 common issue matters
left to be determined. The remaining common issues are Casual Employment (AM2014/197),
Part-Time Employment (AM2014/196), Annualised Salaries (AM2016/13), Overtime for
Casuals (AM2017/51), and Payment of Wages (AM2016/8).
Award stage
[14] The award stage commenced with the publication of the ‘Guide to Award Stage’ in
June 2014 which outlined the approach the Commission intended to follow in that stage of the
Review and some of the issues to be addressed. It was decided that the 122 modern awards
would be divided into four groups for the purpose of scheduling proceedings during the award
stage. Lists of the awards by group are set out at Attachment A to this Statement.
Exposure drafts
[15] During the review of each modern award the Commission has published an exposure
draft and parties have had the opportunity to make submissions on the structural changes
across all awards (and also in the context of a particular award). Comments directed to parties
were inserted in a number of exposure drafts by the Commission to highlight any identified
ambiguities or inconsistencies in the award. A number of these comments were based on
feedback from the Fair Work Ombudsman.
[16] As issues have been resolved through conferences and hearings, exposure drafts have
been updated and annotated versions have been published periodically on the Commission’s
website.
Substantive claims
6 See for example [2016] FWCFB 3177 at [140] and [2015] FWCFB 3406 at [415]
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb3406.htm
https://www.fwc.gov.au/documents/documents/awardmod/decs/2016fwcfb3177.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/4-yearly-review-Guide-to-Award-Stage.pdf
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am201751-overtime
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000010?m=AM2014/75
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am20168-payment-wages
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am201617-national
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am201636-blood-donor
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am201613-annualised
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am201635-abandonment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am2014190-transitional
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[17] As previously mentioned, claims to make substantive changes to awards have been
dealt with by separate Full Benches. Where an issue is more complex (than a technical or
drafting matter) or parties are seeking a substantive change to current entitlements, a Full
Bench has been constituted to hear evidence as to why any proposed change is necessary for
the award to meet the modern awards objective. There are a number of Full Benches currently
hearing matters in which parties are seeking substantive changes to awards. A separate
Statement providing an update on the status of these matters has been issued and a timeline
for the hearing and determination of these matters has been published.7
Applications to make new modern awards
[18] Under s.156(2)(b)(ii) the Commission may make new modern awards as an outcome
of the Review. During the award stage of the review three applications have been made to
create new modern awards – one in the traffic management industry8, one for helicopter
crews9 and one for Norfolk Island.10 The application in the traffic management industry
(AM2014/195) was discontinued, the application for helicopter crews (AM2016/3) is
currently being heard and the application related to Norfolk Island (AM2018/8) was
dismissed.
3. Award stage
3.1 General technical and drafting issues determined
[19] A number of decisions relating to technical and drafting matters have been issued in
the award stage throughout the Review. A complete list of these decisions is set out at
Attachment B to this Statement.
[20] After the jurisdictional issues decision, a Full Bench commenced the Award stage by
analysing the provisions in all awards to ensure they did not conflict with the National
Employment Standards (NES). It was found that a number of awards contained provisions
that were inconsistent with sections 59 to 131 of the FW Act and those awards were varied
accordingly.
[21] During the review of the first group of awards, a number of threshold issues were
raised and determined following an extensive submission process.11 Parties interested in
awards in other stages were given an opportunity to participate in these proceedings as any
decisions arising from the 11 awards allocated to subgroups 1A and 1B could flow on to the
awards in subsequent groups.12
[22] The decisions in Group 1 of the award stage in relation to the following issues have
generally been applied to awards in subsequent groups unless a case has been made
otherwise:
7 See [2018] FWC 7869 and [2019] FWC 717
8 See AM2014/195. Note this application was discontinued on 23 November 2016
9 See AM2016/3. This matter is currently being heard.
10 See AM2018/8. This matter was dismissed by the Full Bench.
11 [2014] FWCFB 9412 23 December 2014; [2015] FWCFB 4658 13 July 2015; and [2015] FWCFB 6656 30 September
2015
12 While there are no longer ‘parties’ to an award in the traditional sense, the term has been used to denote those with an
interest in one or more awards who have participated in the process.
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB6656.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm#P122_2360
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA999997?m=AM2018/8
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA999998?m=AM2016/3
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014195-f50-f53-231116.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA999999?m=AM2014/195
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2019fwc717.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc7869.htm
http://www.fwc.gov.au/awardmod/download/nes.pdf
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changes to the supersession clause 1.213
inclusion of commencement clause 14
deletion of absorption clause 1.415
reinstatement of the take home pay clause16
changes to NES provisions17
removal of summaries of NES entitlements from clauses including various forms of
leave, termination of employment, redundancy and proposed provision regarding pay
slips18
changes to text in facilitative provisions clause19
changes to format of rates tables in National Training Wage schedule (where
included)20
inclusion of notes about annual leave, obligations regarding hourly rates in
schedules21
standardisation of the use of the terms ‘minimum hourly rate’; ‘ordinary hourly rate’
and ‘all purpose allowance’ plus related definitions22
[23] Some of the issues listed above were revisited in a subsequent decision regarding
technical and drafting issues in the Group 3 awards (the Group 3 decision).23 These changes
have been applied to awards in all groups with the exposure drafts prepared in Groups 1, 2, 3
and 4 being varied to incorporate the revisions. Below is a detailed summary of the general
technical and drafting issues that have been determined.
(i) Supersession clause and commencement clause
[24] The exposure drafts included a supersession clause which replaced the commencement
clause in modern awards and which read:
This award supersedes the [Award Names] but this does not affect any right, privilege,
obligation or liability that a person acquired, accrued or incurred under the superseded
award.
[25] In the December 2014 decision, following submissions from interested parties, the
Full Bench determined to make variations to existing modern awards during the Review,
13 [2014] FWCFB 9412 at [11]
14 [2015] FWCFB 4658 at [8]; see also [2017] FWCFB 3433 at [327]
15 [2015] FWCFB 6656 at [74]
16 [2014] FWCFB 9412 at [16]
17 [2014] FWCFB 9412 at [25] and [29]
18 [2014] FWCFB 9412 at [35]
19 [2014] FWCFB 9412 at [42]
20 [2014] FWCFB 9412 at [67]
21 [2015] FWCFB 4658 at [94] and [63]
22 [2015] FWCFB 4658 at [43], [35] and [91]; see also [2017] FWCFB 3433 at [360]–[361]]
23 [2017] FWCFB 3433
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm#P122_2360
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm#P122_2360
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm#P122_2360
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm#P122_2360
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm#P122_2360
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB6656.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm#P122_2360
[2019] FWC 932
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rather than ‘superseding’ awards.24 The proposed supersession clause will be removed from
the exposure drafts, and the following clause inserted:
A variation to this award does not affect any right, privilege, obligation or liability that
a person acquired, accrued or incurred under the award as it existed prior to that
variation.25
[26] The Full Bench was of the view that the above clause reflects the position at common
law and its inclusion will make modern awards simpler and easier to understand.26
[27] In the July 2015 decision, the Full Bench observed that the decision to vary modern
awards in the Review meant that a commencement provision needed to be reinserted as
follows:
‘This modern award, as varied, commenced operation on 1 January 2010.’27
[28] The wording of the commencement clause was reviewed in the Group 3 decision. It
was considered that the use of the phrase ‘as varied’ may appear to give amendments made
after 1 January 2010 retrospective effect. Accordingly the clause has been amended to:
‘This modern award commenced operation on 1 January 2010. The terms of the award
have been varied since that date.’28
(ii) Take home pay clause
[29] The ‘commencement and transitional’ clause in all current modern awards includes
references to transitional arrangements and provision for take home pay orders. The exposure
drafts initially omitted these clauses.
[30] The current take home pay clause provides:
Neither the making of this award nor the operation of any transitional arrangements is
intended to result in a reduction in the take-home pay of employees covered by the
award. On application by or on behalf of any employee who suffers a reduction in
take-home pay as a result of the making of this award or the operation of any
transitional arrangements, the Fair Work Commission may make any order it considers
appropriate to remedy the situation.
[31] In the December 2014 decision, the Full Bench determined that the take home pay
clause would remain in modern awards on an interim basis.29
[32] However, the Full Bench in the September 2015 decision found that its conclusion
(outlined below) in respect of the absorption clause raises a question as to the appropriateness
of retaining the take home pay clause. The Full Bench decided not to determine the issue at
24 [2014] FWCFB 9412 at [7]–[9]
25 Ibid at [9]–[10]
26 Ibid at [11]
27 [2015] FWCFB 4658 at [8]
28 [2017] FWCFB 3433 at [321]–[328]
29 [2014] FWCFB 9412 at [16]
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that time, but instead to revisit the take home pay clause before the conclusion of the
Review.30
[33] A Statement relating to this issue was published on 16 October 201831 referring the
consideration of this issue to the plain language full bench for determination. Interested
parties were provided an opportunity to file written submissions on the issue and the matter is
to be determined on the papers.
(iii) Absorption clause
[34] The ‘absorption clause’ in the exposure drafts, is in the same terms as the current
clause 2.2 in modern awards and provides:
The monetary obligations imposed on employers by this award may be absorbed into
overaward payments. Nothing in this award requires an employer to maintain or
increase any overaward payment.32
[35] The Full Bench in the September 2015 decision found that the absorption clause was
intended to be transitional in nature for the purpose of facilitating the transition from pre-
modernised instruments to modern awards. The clause was not directed at overaward
payments in the traditional sense. As the transition to modern awards was effectively
complete on 1 July 2014, the absorption clause no longer has any transitional function. 33
[36] The Full Bench doubted that the absorption clause can properly be said to be ‘about’
one or more of the matters specified in paragraphs 139(1)(a) to (j) of the FW Act or that it is
an ‘incidental term’ within the meaning of s.142, and it is not a ‘machinery term’ within the
meaning of s.142. Consequently, it is doubtful that it is a ‘permitted term’.34 However
determined it was unnecessary for the Full Bench to reach a concluded view, as even if the
absorption clause was a permitted term (under either s.139(1) or s.142(1)), s.138 of the FW
Act relevantly provides that it could only be included in a modern award if it was necessary to
achieve the modern awards objective.35
[37] In the September 2015 decision the Full Bench found that regulation of the interaction
between minimum award entitlements and overaward payments was not the function of the
minimum safety net of terms and conditions established by the FW Act. Such matters are
adequately dealt with by the common law principles of set off and should be left to individual
employers and employees to determine. The Full Bench concluded that as the absorption
clause is not a term which is necessary to achieve the modern awards objective it cannot be
included in a modern award.36
[38] In those proceedings ABI, Ai Group and the MBA submitted that it would not be
appropriate to remove the absorption clause while the take home pay order clause remained.
After noting the comments in the December 2014 decision, the Full Bench said:
30 [2015] FWCFB 6656 at [77]–[81]
31 [2018] FWC 5810
32 Ibid.
33 Ibid at [37]–[38]
34 Ibid at [40]–[56]
35 Ibid at [56]
36 Ibid at [74]
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‘[77] Our conclusion in respect of the absorption clause raises a question as to the
appropriateness of retaining the take-home pay order subclause. In the summary
document published on 25 August 2015 interested parties were put on notice that if
there was no relevant source of power then the subclause should be deleted…
[81] We do not propose to determine this issue at this time. We will revisit the take-
home pay provision before the conclusion of the Review after providing all interested
parties with a further opportunity to make submissions regarding the relevant source of
power and, if there is such a power, whether we should exercise our discretion to
retain the subclause in either its current form or with amendments.’
[39] As mentioned previously, a Statement relating to this issue was published on 16
October 201837 and that Statement referred the consideration of this issue to the plain
language full bench for determination. Interested parties were provided an opportunity to file
written submissions on the issue and the matter will be determined on the papers.
(iv) Relationship between award and NES
[40] Clause 2.1 in the exposure drafts provides that the National Employment Standards
(NES) ‘and entitlements in this award contain the minimum conditions of employment for
employees covered by this award’ (emphasis added). Modern awards currently provide that
‘the NES and this award contain the minimum conditions of employment for employees
covered by this award’.
[41] In the December 2014 decision the Full Bench agreed with submissions that awards
and the NES contain both rights and obligations of employers and employees and that this
was captured more adequately by the current clause than by the proposed new clause.
Consequently, the current wording will be retained.38
[42] The exposure drafts state at clause 2.2: ‘The employer must ensure that copies of this
award and the NES are available to all employees to whom they apply’. Modern awards
currently provide:
The employer must ensure that copies of the award and the NES are available to all
employees to whom they apply, either on a notice board which is conveniently located
at or near the workplace or through electronic means, whichever makes them more
accessible.
[43] In the December 2014 decision the Full Bench agreed with submissions that the
current award clause required the award to be provided broadly to employees, and determined
that the current clause will be retained with amendments. The Full Bench considered that the
words ‘whichever makes them more accessible’ in the current clause gave rise to an
obligation which would be difficult to meet in practice and should be omitted, but the word
‘accessible’ should be added before ‘electronic means’ to make clear that if the award and
NES are provided by electronic means then the means provided must be accessible to all
employees. The amended clause reads:
37 [2018] FWC 5810
38 [2014] FWCFB 9412 at [24]–[25]
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The employer must ensure that copies of the award and the NES are available to all
employees to whom they apply, either on a notice board which is conveniently located
at or near the workplace or through accessible electronic means.39
(v) Inclusion of NES summaries and a payslips provision
[44] The exposure drafts published for the Group 1 awards incorporated extracts and
summaries of NES entitlements as well as notes to draw the reader’s attention to certain
entitlements, so as to assist parties in understanding the interaction between the award and
NES in a single document. The exposure drafts also included a new provision drawing
attention to the requirements of the FW Act and Fair Work Regulations 2009 (FW
Regulations) in relation to pay slips.
[45] The December 2014 decision noted concerns that the inclusion of such notes and
references in an award, as a legal instrument, may cause confusion or mislead the reader.40 In
the context of providing for ordinary hourly rates of pay to be included in schedules to awards
the Full Bench in the July 2015 decision determined that the exposure drafts will include a
note which draws employers’ attention to their obligations under the FW Regulations
regarding record keeping and payslips, including the requirements to separately identify
allowances.41
(vi) Inclusions of examples that clarify the operation of provisions
[46] The exposure drafts incorporate a select number of examples to provide additional
guidance to employers and employees as to the operation and interpretation of award
provisions. The December 2014 decision noted that a number of parties had opposed
inclusion of examples, submitting that this did not advance the objective of making awards
simple and easy to understand, or raising questions about their legal effect.42
[47] The Full Bench in the December 2014 decision determined that the inclusion of
relevant and accurate examples will make modern awards easier to understand and for that
reason they will be included where appropriate.43
(vii) Inclusion of index of facilitative provisions
[48] Some modern awards currently include facilitative provisions. The exposure drafts
include a definition of what a facilitative provision is and an index detailing where such
provisions could be found in each award.
[49] The December 2014 decision notes that the major concern of employer parties in
relation to the proposed provisions was the following sentence, derived from the Safety Net
Adjustment and Review September 199444: ‘[f]acilitative provisions are not to be used as a
device to avoid award obligations nor should they result in unfairness to an employee or
employees covered by this award.’ The Full Bench decided to delete this sentence,
39 Ibid at [28]–[29]
40 Ibid at [30]–[34]
41 [2015] FWCFB 4658 at [55]–[57]
42 [2014] FWCFB 9412 at [59]–[62]
43 Ibid at [63]
44 Dec 2120/95 Print M5600
http://www.airc.gov.au/safetynet_review/decisions/M5600.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB4658.htm
[2019] FWC 932
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acknowledging that it may have unintended consequences and could give rise to an additional
legal obligation, and that fairness issues are more appropriately addressed in the context of
particular facilitative provisions.45
[50] The Full Bench in the December 2014 decision saw merit in inserting an index of
facilitative provisions, in order to make awards easier to understand and to support the
objective of promoting flexible working practices. The Full Bench observed that the
introductory words to the index may require amendment to accommodate the nature of the
facilitative provisions in a particular award, but this can be done on an award-by-award basis
in response to proposals from interested parties.46
(viii) Identification of clauses that do not apply to casual employees
[51] Some exposure drafts included a new clause that would specify the provisions of the
award that do not apply to casual employees, and a note asking parties to provide a list of
these provisions.
[52] This proposal generated significant controversy and the Full Bench in the December
2014 decision decided to remove the clause from the exposure drafts for awards that do not
currently contain such a provision.
(ix) Definitions of all purpose and ordinary hourly rate of pay
[53] In the exposure drafts, ‘all purposes’ in respect of a particular allowance is defined to
mean that the payment will be included in the rate of pay of an employee who is entitled to
the allowance, when calculating any penalties or loadings or payment while they are on leave.
[54] The Full Bench in the July 2015 decision determined that this definition will be
amended to read:
all purposes means the payment will be included in the rate of pay of an employee
who is entitled to the allowance, when calculating any penalties or loadings or
payment while they are on annual leave. (emphasis added)47
[55] The Full Bench observed that the term ‘ordinary hourly rate’ is used in contrast to
‘minimum hourly rate’ in affected awards to make clear that all purpose allowances must be
added to the minimum rate of pay before calculating any penalty rate. In affected awards,
penalties and loadings are expressed as a percentage of the ordinary hourly rate (for example,
‘overtime is paid at 150% of the ordinary hourly rate’), to make clear that an all-purpose
allowance to which an employee is entitled must be added to the minimum rate before
calculating the loaded rate. That is, there is a compounding effect.48
[56] While some concerns were raised that the established practice in relation to all purpose
allowances may not apply to calculation of some payments under particular awards, the Full
Bench in the July 2015 decision determined that definitions of ‘all purposes’ and ‘ordinary
hourly rate’ along the lines above will be inserted into all affected awards.
45 [2014] FWCFB 9412 at [40]–[42]
46 Ibid at [43]
47 [2015] FWCFB 4658 at [91]
48 Ibid at [42]–[44]
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm
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[57] An attachment to the Group 3 decision contained a list of awards containing all
purpose allowances.49 Parties were invited to comment on the list and any issues as to whether
a particular payment is payable for all purposes, and, in particular, whether an allowance
should be added to a minimum rate before calculating a penalty or loading. It was noted in a
subsequent decision that this matter would be finalised by the plain language full bench.50
(x) Schedules summarising hourly rates of pay
[58] Most exposure drafts contain detailed schedules of hourly rates of pay incorporating
penalty rates and loadings. The Full Bench in the December 2014 decision observed that such
schedules will make modern awards easier to understand and for that reason will be
retained.51
[59] In the July 2015 decision the Full Bench agreed that it was not prudent to adopt a ‘one
size fits all’ approach and that schedules of hourly rates will be developed in consultation
with interested parties.52 The schedules of hourly rates will be legally enforceable and a note
will be inserted into the schedules stating that ‘employers who meet their obligations under
this schedule are meeting the obligations under the award’.53
(xi) Casual loadings
[60] In the July 2015 decision the Full Bench expressed the view that it is desirable that
there be a consistent rule for the calculation of casual loading which should apply across all
awards. The Bench’s provisional view was that the casual loading will be calculated as 25%
of the minimum rate (not the ordinary hourly rate), with any all purpose allowance being
added after that.54
[61] This issue was revisited in the September 2015 decision, following further submissions
from interested parties. The Full Bench then concluded that:
for a number of awards containing allowances that are all purpose in nature or stated
to form part of the ordinary hourly rate, adoption of the provisional view would
result in a reduction in hourly rates of pay for casual employees;55
the provisional view was inconsistent with the general approach of the Australian
Industrial Relations Commission (AIRC) Full Bench Award Modernisation Decision
of 19 December 200856 that the casual loading should be applied to the ordinary rate
rather than the minimum rate;57 and
49 [2017] FWCFB 3433 at Attachment B
50 [2017] FWCFB 5536 [579] – [580]
51 [2014] FWCFB 9412 at [58]
52 [2015] FWCFB 4658 at [62]
53 Ibid at [63]
54 Ibid at [70]
55 [2015] FWCB 6656 at [93]
56 [2008] AIRCFB 1000 at [50]
57 [2015] FWCFB 6656 at [102]
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb5536.htm#P2881_272741
https://www.fwc.gov.au/decisionssigned/html/2017fwcfb3433.htm
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adoption of the provisional view was not justified where there was no evidence of
practical difficulty in the operation of current award provisions which are consistent
with the Award Modernisation Decision.58
[62] The Full Bench determined that the general approach to casual loading will remain as
in the exposure drafts, with casual loading expressed as 25% of the ordinary hourly rate in the
case of awards which contain any all purpose allowances, and as 25% of the minimum hourly
rate in awards which do not contain any such allowances.59
[63] The Full Bench noted the concern underlying the provisional view, namely, whether it
was appropriate for certain allowances currently expressed as all purpose to be paid at an
increased level for casual employees by application of the casual loading. The preferable
approach to this issue was to permit reconsideration, on an award-by-award basis during the
course of the 4 yearly review, as to whether any existing allowance should retain its ‘all
purpose’ designation or should be payable on some different basis.60
(xii) Rate of pay while on leave
[64] In the July 2015 decision the Full Bench noted that historically, awards provided that
an employee would receive their ordinary rate of pay while on leave and that in the Part 10A
award modernisation process the AIRC Full Bench61 retained an employee’s entitlement to be
paid their ordinary rate of pay (rather than the base rate as provided in the NES) while on
annual leave, if this was an existing entitlement.62
[65] The Full Bench confirmed that the payment of all purposes allowances when on leave
should generally be limited to annual leave and such other leave payments as are
supplemented under the award. When an award does not specify the amount payable on
forms of leave other than annual leave, an employee is entitled to the base rate of pay as
defined in s.16 of the FW Act.63
[66] If a dispute arises about particular payments applying to an employee while on annual
leave (including all purpose allowances), this will be dealt with during the Award stage of the
Review. If an award does provide for payment of all purpose allowances while on a period of
paid leave other than annual leave, a note may have been added to the exposure draft on an
award-by-award basis.
[67] The Full Bench accepted the possibility that where an employee is receiving an
overaward payment, their base rate as defined in s.16 of the FW Act may be higher than the
ordinary rate. This possibility may be addressed by including a note in all modern awards
drawing attention to s.16 and s.90 of the FW Act. The note will explain that when the base
rate of pay is higher than the ordinary rate in the award, the higher rate must be paid to the
employee while on leave.64
58 Ibid at [107]
59 Ibid at [110]
60 Ibid at [109]
61 [2008] AIRCFB 717 at [30]
62 [2015] FWCFB 4658 at [76]-[78]
63 Ibid at [90]
64 Ibid at [94]
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(xiii) Double time vs 200%
[68] The Full Bench in the July 2015 decision noted submissions from a number of unions
that replacing terms such as ‘time and a half’ and ‘double time’ with rates expressed as
percentages of minimum hourly rates or ordinary hourly rates, reduced the award entitlements
of an employee receiving an overaward payment.65
[69] The Full Bench observed that modern awards provide a safety net of minimum
entitlements and that if an employer chooses to pay an employee more than the minimum
amount payable for ordinary hours worked, the employer is not required to use that higher
rate when calculating penalties or loadings. The terminology in the exposure drafts of 150%
and 200% rather than ‘time and a half’ and ‘double time’ will be retained.66
(xv) National Training Wage schedule
[70] The National Training Wage schedule (the NTW Schedule) contains rates of pay for
employees undertaking a traineeship under a training contract. It appeared in 104 of
122 modern awards.
[71] The exposure drafts for Group 1 awards changed the presentation of rates for full-time
and part-time traineeships in the NTW Schedule by combining weekly full-time and hourly
part-time rates in one table. In the December 2014 decision the Full Bench accepted the
general agreement of parties that the proposed changes not be adopted.67
[72] In the October 2015 decision the Full Bench noted that parties had been asked to
identify any training programs to which clause D.3.3 of the NTW Schedule may still have
application.68 Clause D.3.3 provides:
D.3.3 This schedule does not apply to the apprenticeship system or to any training
program which applies to the same occupation and achieves essentially the same
training outcome as an existing apprenticeship in an award as at 25 June 2007.
[73] As no party was able to identify any such training programs, the Full Bench confirmed
that clause D.3.3 will not be included.69
[74] Following a consultation process the Full Bench in AM2016/17 decided to remove
the six page NTW Schedule from 94 modern awards and instead incorporate the terms of the
schedule by reference to the Miscellaneous Award 2010 in which the NTW Schedule was
retained and re-drafted to ensure it complies with plain language drafting principles.
Interested parties requested that the NTW Schedule be retained and tailored in a further nine
awards. This issue was referred to the plain language Full Bench for hearing and
determination.
65 Ibid at [95]
66 Ibid at [95]-[96]
67 [2014] FWCFB 9412 at [64]-[67]
68 [2015] FWCFB 7236 at [354]
69 Ibid at [355]
http://www.fwc.gov.au/decisionssigned/html/2015fwcfb7236.htm
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[75] In further decisions in relation to the Group 1C, 1D and 1E, Group 2 and Group 3
exposure drafts, a number of issues were determined that may flow on to other exposure
drafts.
Consultation regarding changes to rostering
[76] Following the amendment to the FW Act which saw the inclusion of a new section
143A regarding consultation, all modern awards were updated in December 2013 to
incorporate a new model consultation term which is intended to impose an obligation on an
employer to consult an employee regarding changes to rosters or ordinary hours of work.70 A
number of awards, including the Black Coal Mining Industry Award 2010 and the Wool,
Storage, Sampling and Testing Award 2010, include provisions in relation to changes to
rosters. The Full Bench determined that such provisions must accord with the model
consultation term.
Transitional provisions
[77] As a result of the 4 yearly review of modern awards—Transitional Provisions decision
issued on 11 February 201571, a number of provisions were deleted from awards and exposure
drafts as they no longer had any effect. Such provisions included:
(i) transitional provisions in modern awards that ceased to operate on or before
31 December 2014 (including accident pay72, district allowances73 and certain
redundancy provisions);
(ii) provisions that provided different State-based entitlements that could not
operate after 31 December 2014 in accordance with s.154 of the FW Act; and
Alleged NES Inconsistencies
[78] In the 4 yearly review of modern awards—Alleged NES Inconsistencies74 decision a
Full Bench reviewed a number of provisions that it was alleged were inconsistent with the
National Employment Standards (NES).
[79] Submissions were received from number of parties to the review as well as the FWO
identifying such provisions. Them provisions were grouped into five categories:
(1) Provisions which were concerned with restrictions on the payment of annual leave
loading upon termination of employment;
(2) Textile, Clothing, Footwear and Associated Industries Award 2010 provisions;
(3) Provisions about which there appeared to be agreement as to both the existence of
an inconsistency with the NES and the award variation appropriate to remedy that
inconsistency;
70 [2013] FWCFB 10165
71 [2015] FWCFB 644
72 Modified Accident Pay provisions were re-inserted into a small number of awards in [2015] FWCFB 3523
73 The issue of location allowances was before the Full Bench in AM2014/190
74 [2015] FWCFB 3023
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB3023.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014190-transitional-provisions
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB3523.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb644.htm
http://www.fwc.gov.au/decisionssigned/html/2013fwcfb10165.htm
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(4) Provisions about which there appeared to be agreement as to the existence of an
inconsistency with the NES, but where no agreement existed concerning the
appropriate remedial award variation; and
(5) Provisions about which there was no agreement as to the existence of an
inconsistency with the NES.
[80] Provisions that limited when an employee could take annual leave or that provided
lesser entitlements to notice upon termination than provided in the NES were referred to the
Annual Leave Full Bench for hearing and determination75. Provisions appearing in the Textile,
Clothing, Footwear and Associated Industries Award 2010 were dealt with as part of the
substantive claims in that particular award.
[81] A number of provisions falling within the remaining categories were amended in order
to address the identified inconsistencies, for example:
removal of a requirement that a period of personal/carer’s leave must be at least
seven days’ duration before it could be accessed during a period of paid annual leave
from the Air Pilots Award 2010;
removal of a requirement that unpaid carer’s leave be taken by casual employees in
minimum blocks of two days from the Hair and Beauty Industry Award 2010; and
insertion of a requirement that the employer agree to an employee cashing out a
period of accrued paid personal leave from the Timber Industry Award 2010.
[82] Provisions in relation to the accrual of annual leave and transfer of business that were
inconsistent with the FW Act, which appeared across multiple modern awards, were also
removed in a decision issued in May 2015.76 Further award-specific issues were dealt with in
a subsequent decision in the Award stage.77
Probation provisions
[83] Notes were inserted in the exposure drafts for Group 1 awards that contain probation
provisions as follows:
Note: The Commission’s provisional view is that it may no longer be necessary to
include provisions relating to probationary periods in modern awards, given changes
in the legislative scheme. This does not represent a concluded view of the
Commission, and parties are invited to make submissions on this issue.
[84] In the October 2015 decision, the Commission confirmed their provisional view and
the probation clause was deleted from the exposure draft based on the Mining Industry Award
2010 .78
75 [2016] FWCFB 3177 at [5]–[6]]
76 [2015] FWCFB 3023
77 See for example [2016] FWCFB 191
78 [2015] FWCFB 7236 at [139]
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb7236.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb191.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB3023.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb3177.htm
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Ceremonial leave
[85] In the Group 2 decision the Full Bench extended an entitlement to ceremonial leave to
additional awards in the Health and community services sector. The various provisions were
also standardised to include Torres Strait Islanders.79
Definitions
[86] In the Group 3 decision the Full Bench proposed that the definitions should appear at
clause 2 within the body of the award, rather than as the final Schedule to the award as was
the case in the earlier exposure drafts.80 This issue, along with the finalisation of the overall
structure of the award, has been determined by the plain language Full Bench.
[87] In order to reduce duplication and remove any ambiguity, the Group 3 decision also
determined that where an industry definition appears in both the definitions clause and the
coverage clause, the industry definition or definitions should be retained in full in the
coverage clause. The definitions clause will only include a definition of the industry which
refers readers to the coverage clause rather than replicating or summarising that definition.81
Occupational health and safety references
[88] A Group 3 decision identified that the use of the term ‘occupational health and safety’
in a number of modern awards is inconsistent with work health and safety laws across
Australia which use the more contemporary term ‘work health and safety’. A list of awards
using this term was appended to the decision and its use will be reviewed by the Plain
language Full Bench.82
3.2 Award specific technical and drafting issues determined
3.2.1 Group 1
[89] Exposure drafts based on the awards allocated to Group 1 were first published on the
Commission’s website in September–October 2014. A series of conferences and hearings
were held and a number of decisions were issued in relation to this group of awards (see
Attachment B for complete list of decisions issued).
[90] All technical and drafting matters relating to Group 1 awards have now been
determined, with the exception of the awards referred to the plain language project and two
issues in the exposure drafts for the Black Coal Mining Award 2010 and the Marine Tourism
and Charter Vessels Award 2010.
[91] In a decision83 issued in June 2018 it was stated that the Full Bench proposed to grant
a request by the Coal Mining Industry Employer Group (CMIEG) to be heard on outstanding
matters concerning public holiday payments. The CMIEG suggested a brief hearing would
permit the interested parties to be heard and also be of benefit in assisting the Commission in
79 [2016] FWCFB 7254 at [120]–[125]
80 [2017] FWCFB 3433 at [333]
81 Ibid at [339]
82 [2017] FWCFB 3433 at [380]–[382] and Attachment C
83 [2018] FWCFB 3802 see [93] – [97]
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3802.htm
https://www.fwc.gov.au/decisionssigned/html/2017fwcfb3433.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb7254.htm
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determining the matters. The CMIEG also proposed an interim or alternative step could be a
conference convened by a delegated member of the Full Bench. A conference relating to this
issue will be convened before Vice President Hatcher shortly.
[92] A decision84 issued by the Group 1 Full Bench in June 2018 canvassed an outstanding
issue relating to casual overnight charter employees and casual non-overnight charter
employees. Vice President Hatcher will convene a conference to deal with this issue and a
background paper summarising the issues will be published prior to the conference.
Cement, Lime and Quarrying – amalgamated award
[93] The Commission identified the Cement and Lime Award 2010 and the Quarrying
Award 2010 as potentially being able to be amalgamated.85 In a conference on 13 May 2014,
interested parties discussed the possibility of consolidating these two awards.86 An
amalgamated exposure draft for the Cement and Lime and Quarrying Award 2010
(amalgamated award) was published on 9 October 2014. Interested parties were given the
opportunity to make further submissions concerning the amalgamated exposure draft.87
Submissions received dealt with a range of issues which were primarily technical or drafting
nature.
[94] Further conferences and hearings88 were held to identify the variations sought; the
extent of any agreement in relation to those variations and necessary amendments to be
reflected in a revised exposure draft.89 The Full Bench proposed the following wording for
clause 1.3 of the amalgamated award’s exposure draft:
‘1.3 A variation to this award does not affect any right, privilege, obligation or liability
that a person acquired, accrued or incurred under this award, as it existed prior to that
variation. A variation to this award does not affect any right, privilege, obligation or
liability that a person acquired, accrued or incurred under the Quarrying Award 2010
as it existed prior to its revocation.’90
[95] In a decision issued in September 2018, the Full Bench confirmed the proposed
wording and their proposed course of action regarding the amalgamated award91 noting that
the variation ensures the clause does not restrict rights, privileges, obligations or liabilities
arising from the Quarrying Award prior to its revocation.92
[96] In a decision issued in June 2018, the Full Bench noted that the revocation of the
Quarrying Award enlivens s.164 of the FW Act,93 which states:
‘Special criteria for revoking modern awards
84 [2018] FWCFB 3802 see [194] – [213]
85 [2014] FWFB 5537 at para [4]
86 See transcript of 13 May 2014 at PN1247 to PN1261
87 [2014] FWCFB 9412 at para [172] and [2017] FWCFB 3177
88 See transcripts for 13 May 2014, 3 July 2014, 24 October 2014 and on 25 March 2015
89 [2014] FWCFB 9412 at paras [172-173]
90 [2018] FWCFB 3802 at para [122]
91 [2018] FWCFB 5602 at paras [39]-[44]
92 [2018] FWCFB 5602 at para [41]
93 [2018] FWCFB 3802 at para [119]
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3802.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb5602.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb5602.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3802.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2014fwcfb9412.htm
https://www.fwc.gov.au/documents/documents/transcripts/20150325_am201483.htm
https://www.fwc.gov.au/documents/documents/transcripts/241014am201465.htm
https://www.fwc.gov.au/documents/documents/transcripts/030714am201476.htm
https://www.fwc.gov.au/documents/documents/transcripts/130514am20141.htmhttps:/www.fwc.gov.au/documents/documents/transcripts/130514am20141.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3177.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2014fwcfb9412.htm
https://www.fwc.gov.au/documents/documents/transcripts/130514am20141.htmhttps:/www.fwc.gov.au/documents/documents/transcripts/130514am20141.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3802.htm
[2019] FWC 932
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The FWC must not make a determination revoking a modern award unless the FWC is
satisfied that:
(a) the award is obsolete or no longer capable of operating; or
(b) all the employees covered by the award are covered by a different modern
award (other than the miscellaneous modern award) that is appropriate for them, or
will be so covered when the revocation comes into operation.’
[97] The Full Bench confirmed s.164(b) of the FW Act will be satisfied by the variation to
clause 1.3. It noted all the employees that are covered by the Quarrying Award will be
covered by the amalgamated award when it is made.94 Two separate determinations will be
issued relating to the amalgamation of these awards, one determination will revoke the
Quarrying Award, the other will vary the Cement and Lime Award. The amalgamated award
will retain the Cement Award’s code of MA000055. This process will be finalised in October
2019, when exposure drafts are scheduled to become new awards.
3.2.2 Group 2
[98] Exposure drafts based on the awards allocated to Group 2 were published on the
Commission’s website in September–October 2014. These exposure drafts were prepared
based on the outcome of decisions in Group 1. Following conferences, hearings and further
submissions, two decisions were issued in relation to these awards (see Attachment B) and the
exposure drafts have been updated and re-published in 2016 and 2017. All technical and
drafting matters relating to Group 2 awards have now been determined, with the exception of
the awards referred to the plain language Full Bench and a small number of technical and
drafting issues relating to the exposure drafts for the Fire Fighting Industry Award 2010 and
the Graphic Arts Award 2010.
[99] Following a conference held in December 2018, interested parties were asked to file
submissions relating to the exposure draft for the Graphic Arts Award 2010. Two submissions
have been received by the Ai Group and the AWU and a separate Statement will be issued
shortly. The Graphic Arts Exposure Draft will be published concurrently with that Statement.
[100] On 4 December 2018, a Report was issued relating to 3 outstanding issues in the
exposure draft for the Fire Fighting Industry Award 2010. This report provided interested
parties (in particular employer parties) the opportunity to file a short written submission
regarding the outstanding issues. The Report outlined that in the event no submission was
received the positions set out in the Report would be adopted in the exposure draft. A
Statement issued on 12 February 201995 indicated that no submissions had been filed and the
relevant updates would be made to the exposure draft.
3.2.3 Group 3
[101] Exposure drafts based on the awards allocated to Group 3 were published on the
Commission’s website in December 2015 and January 2016. These exposure drafts were
prepared based on the outcome of decisions in Group 1. Following conferences, hearings and
94 [2018] FWCFB 3802 at para [121]
95 [2019] FWC 905
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3802.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014202-report-041218.pdf
[2019] FWC 932
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further submissions, a number of decisions were issued in relation to the technical and
drafting aspects of these awards (see Attachment B) and the exposure drafts have been
updated and re-published throughout 2016 and 2017. All technical and drafting matters
relating to Group 3 awards have now been determined, with the exception of the awards
referred to the plain language full bench and a small number of issues in the exposure drafts
for the Ports Harbours and Enclosed Vessels Award 2010, the Sugar Industry Award 2010
and the Pastoral Award 2010 which are detailed below.
[102] In the exposure draft for the Ports Harbours and Enclosed Vessels Award 2010, there
remains an issue relating to rates that apply to shiftworkers on weekends. The issue was raised
by the Australian Federation of Employers and Industry (AFEI) and the Construction,
Forestry, Maritime, Mining and Energy Union (CFMMEU). A conference was held on 20
December 2018 and a separate decision determining this issue will be published in due
course.
[103] In the exposure draft for the Sugar Industry Award 2010 there remains an outstanding
issue relating to the single contract hourly rate. This issue was canvassed in Group 3
decision96 published on 15 October 2018. A conference will be held before Deputy President
Asbury in relation to this issue. A background paper summarising the issue will be published
prior to the conference.
[104] In the exposure draft for the Pastoral Award 2010 an issue relating to meal breaks and
allowances remains to be determined.97 A separate decision determining this issue will be
published in due course.
3.2.4 Group 4
[105] Exposure drafts based on the awards allocated to Group 4 were first published on the
Commission’s website in May 2016. The exposure drafts in Group 4 were published with a
different structure to those exposure drafts in Groups 1-3 as they incorporated changes
resulting from plain language principles established during the plain language project. This
was outlined in a Statement issued on 10 May 2016.98 The Group 4 exposure drafts have been
updated and re published a number of times during 2017 and 2018 and a number of decisions
relating to these exposure drafts have been issued (see Attachment B). All technical and
drafting matters relating to Group 4 awards have now been determined, with the exception of
the awards referred to the plain language project and the exposure drafts for the Mannequins
and Models Award 2010.
[106] Technical and drafting issues in respect of the Mannequins and Models Award 2010
remain outstanding. A separate conference will be convened in April 2019 to deal with these
outstanding matters and an updated exposure draft will be published for comment prior to the
conference.
4. Next Steps
[107] As outlined above at paragraph [6], all exposure drafts in Groups 1–4 will be
republished throughout 2019 in line with that timeline.
96 [2018] FWCFB 6368 at [118] – [129]
97 [2017] FWCFB 5536 at [285] – [292]
98 [2016] FWC 2924 – see Attachment A
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6368.htm#P528_39235
[2019] FWC 932
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Group 1
[108] Updated exposure drafts for Group 1 will be published on Wednesday
13 February 2019. Interested parties are to file written submissions in relation to these
updated exposure drafts by no later than 4.00 pm on Wednesday 13 March 2019.
Submissions are to be sent to amod@fwc.gov.au.
Group 2
[109] Updated exposure drafts for Group 2 will be published on the Commission’s website
on Friday 15 February 2019. Interested parties are to file written submissions in relation to
these updated exposure drafts by no later than 4.00 pm on Friday 15 March 2019.
Submissions are to be sent to amod@fwc.gov.au.
Group 3
[110] Updated exposure drafts for Group 3 will be published on the Commission’s website
on Friday 1 March 2019. Interested parties are to file written submissions in relation to these
updated exposure drafts by no later than 4.00 pm on Friday 29 March 2019. Submissions are
to be sent to amod@fwc.gov.au.
Group 4
[111] Updated exposure drafts for Group 4 will be published on the Commission’s website
by Friday 8 March 2019. Interested parties are to file written submissions in relation to these
updated exposure drafts by no later than 4.00 pm on Friday 5 April 2019. Submissions are to
be sent to amod@fwc.gov.au.
[112] Interested parties should note that written submissions are to contain comment on the
updates to the relevant exposure draft only; it is not an opportunity to reargue matters that
have already been determined by the Commission throughout the award stage.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR704901
mailto:amod@fwc.gov.au
mailto:amod@fwc.gov.au
mailto:amod@fwc.gov.au
mailto:amod@fwc.gov.au
[2019] FWC 932
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Attachment A—List of modern awards—by sub-group
Group 1 (30 awards)
Award code Award title Matter No.
Subgroup 1A
MA000098 Ambulance and Patient Transport Industry Award 2010 AM2014/65
MA000022 Cleaning Services Award 2010 AM2014/69
MA000024 Cotton Ginning Award 2010 AM2014/71
MA000016 Security Services Industry Award 2010 AM2014/89
Subgroup 1B
MA000060 Aluminium Industry Award 2010 AM2014/64
MA000054 Asphalt Industry Award 2010 AM2014/66
MA000055 Cement and Lime Award 2010 AM2014/68
MA000056 Concrete Products Award 2010 AM2014/70
MA000057 Premixed Concrete Award 2010 AM2014/83
MA000037 Quarrying Award 2010 AM2014/86
MA000107 Salt Industry Award 2010 AM2014/88
Subgroup 1C
MA000010 Manufacturing and Associated Industries and Occupations Award
2010
AM2014/75
MA000059 Meat Industry Award 2010 AM2014/78
MA000069 Pharmaceutical Industry Award 2010 AM2014/81
MA000074 Poultry Processing Award 2010 AM2014/82
MA000017 Textile, Clothing, Footwear and Associated Industries Award
2010
AM2014/91
MA000071 Timber Industry Award 2010 AM2014/92
MA000089 Vehicle Manufacturing, Repair, Services and Retail Award 2010 AM2014/93
MA000044 Wool Storage, Sampling and Testing Award 2010 AM2014/94
Subgroup 1D
MA000001 Black Coal Mining Industry Award 2010 AM2014/67
MA000011 Mining Industry Award 2010 AM2014/79
MA000072 Oil Refining and Manufacturing Award 2010 AM2014/80
MA000015 Rail Industry Award 2010 AM2014/87
MA000053 Stevedoring Industry Award 2010 AM2014/90
Subgroup 1E
MA000061 Gas Industry Award 2010 AM2014/72
MA000062 Hydrocarbons Industry (Upstream) Award 2010 AM2014/73
MA000093 Marine Tourism and Charter Vessels Award 2010 AM2014/76
MA000086 Maritime Offshore Oil and Gas Award 2010 AM2014/77
MA000108 Professional Diving Industry (Industrial) Award 2010 AM2014/84
MA000109 Professional Diving Industry (Recreational) Award 2010 AM2014/85
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000109?m=AM2014/85
http://www.fwc.gov.au/documents/modern_awards/award/ma000109/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000108?m=AM2014/84
http://www.fwc.gov.au/documents/modern_awards/award/ma000108/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000086?m=AM2014/77
http://www.fwc.gov.au/documents/modern_awards/award/ma000086/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000093?m=AM2014/76
http://www.fwc.gov.au/documents/modern_awards/award/ma000093/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000062?m=AM2014/73
http://www.fwc.gov.au/documents/modern_awards/award/ma000062/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000061?m=AM2014/72
http://www.fwc.gov.au/documents/modern_awards/award/ma000061/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000053?m=AM2014/90
http://www.fwc.gov.au/documents/modern_awards/award/ma000053/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000015?m=AM2014/87
http://www.fwc.gov.au/documents/modern_awards/award/ma000015/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000072?m=AM2014/80
http://www.fwc.gov.au/documents/modern_awards/award/ma000072/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000011?m=AM2014/79
http://www.fwc.gov.au/documents/modern_awards/award/ma000011/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000001?m=AM2014/67
http://www.fwc.gov.au/documents/modern_awards/award/ma000001/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000044?m=AM2014/94
http://www.fwc.gov.au/documents/modern_awards/award/ma000044/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000089?m=AM2014/93
http://www.fwc.gov.au/documents/modern_awards/award/ma000089/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000071?m=AM2014/92
http://www.fwc.gov.au/documents/modern_awards/award/ma000071/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000017?m=AM2014/91
http://www.fwc.gov.au/documents/modern_awards/award/ma000017/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000074?m=AM2014/82
http://www.fwc.gov.au/documents/modern_awards/award/ma000074/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000069?m=AM2014/81
http://www.fwc.gov.au/documents/modern_awards/award/ma000069/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000059?m=AM2014/78
http://www.fwc.gov.au/documents/modern_awards/award/ma000059/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000010?m=AM2014/75
http://www.fwc.gov.au/documents/modern_awards/award/ma000010/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000107?m=AM2014/88
http://www.fwc.gov.au/documents/modern_awards/award/ma000107/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000037?m=AM2014/86
http://www.fwc.gov.au/documents/modern_awards/award/ma000037/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000057?m=AM2014/83
http://www.fwc.gov.au/documents/modern_awards/award/ma000057/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000056?m=AM2014/70
http://www.fwc.gov.au/documents/modern_awards/award/ma000056/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000055?m=AM2014/68
http://www.fwc.gov.au/documents/modern_awards/award/ma000055/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000054?m=AM2014/66
http://www.fwc.gov.au/documents/modern_awards/award/ma000054/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000060?m=AM2014/64
http://www.fwc.gov.au/documents/modern_awards/award/ma000060/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000016?m=AM2014/89
http://www.fwc.gov.au/documents/modern_awards/award/ma000016/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000024?m=AM2014/71
http://www.fwc.gov.au/documents/modern_awards/award/ma000024/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000022?m=AM2014/69
http://www.fwc.gov.au/documents/modern_awards/award/ma000022/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000098?m=AM2014/65
http://www.fwc.gov.au/documents/modern_awards/award/ma000098/default.htm
[2019] FWC 932
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Group 2 (19 awards)
Award code Award title Matter No.
Subgroup 2A
MA000092 Alpine Resorts Award 2010 AM2014/198
MA000114 Aquaculture Industry Award 2010 AM2014/200
MA000026 Graphic Arts Award 2010 AM2014/203
MA000068 Seafood Processing Award 2010 AM2014/213
MA000084 Storage Services and Wholesale Award 2010 AM2014/214
Subgroup 2B
MA000118 Animal Care and Veterinary Services Award 2010 AM2014/199
MA000027 Health Professionals and Support Services Award 2010 AM2014/204
MA000031 Medical Practitioners Award 2010 AM2014/206
MA000034 Nurses Award 2010 AM2014/207
MA000012 Pharmacy Industry Award 2010 AM2014/209
Subgroup 2C
MA000063 Passenger Vehicle Transportation Award 2010 AM2014/208
MA000039 Road Transport (Long Distance Operations) Award 2010 AM2014/211
MA000038 Road Transport and Distribution Award 2010 AM2014/212
MA000042 Transport (Cash in Transit) Award 2010 AM2014/215
MA000043 Waste Management Award 2010 AM2014/216
Subgroup 2D
MA000110 Corrections and Detention (Private Sector) Award 2010 AM2014/201
MA000111 Fire Fighting Industry Award 2010 AM2014/202
MA000008 Horse and Greyhound Training Award 2010 AM2014/205
MA000014 Racing Industry Ground Maintenance Award 2010 AM2014/210
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000014?m=AM2014/210
http://www.fwc.gov.au/documents/modern_awards/award/ma000014/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000008?m=AM2014/205
http://www.fwc.gov.au/documents/modern_awards/award/ma000008/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000111?m=AM2014/202
http://www.fwc.gov.au/documents/modern_awards/award/ma000111/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000110?m=AM2014/201
http://www.fwc.gov.au/documents/modern_awards/award/ma000110/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000043?m=AM2014/216
http://www.fwc.gov.au/documents/modern_awards/award/ma000043/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000042?m=AM2014/215
http://www.fwc.gov.au/documents/modern_awards/award/ma000042/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000038?m=AM2014/212
http://www.fwc.gov.au/documents/modern_awards/award/ma000038/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000039?m=AM2014/211
http://www.fwc.gov.au/documents/modern_awards/award/ma000039/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000063?m=AM2014/208
http://www.fwc.gov.au/documents/modern_awards/award/ma000063/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000012?m=AM2014/209
http://www.fwc.gov.au/documents/modern_awards/award/ma000012/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000034?m=AM2014/207
http://www.fwc.gov.au/documents/modern_awards/award/ma000034/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000031?m=AM2014/206
http://www.fwc.gov.au/documents/modern_awards/award/ma000031/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000027?m=AM2014/204
http://www.fwc.gov.au/documents/modern_awards/award/ma000027/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000118?m=AM2014/199
http://www.fwc.gov.au/documents/modern_awards/award/MA000118/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000084?m=AM2014/214
http://www.fwc.gov.au/documents/modern_awards/award/ma000084/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000068?m=AM2014/213
http://www.fwc.gov.au/documents/modern_awards/award/ma000068/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000026?m=AM2014/203
http://www.fwc.gov.au/documents/modern_awards/award/ma000026/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000114?m=AM2014/200
http://www.fwc.gov.au/documents/modern_awards/award/ma000114/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000092?m=AM2014/198
http://www.fwc.gov.au/documents/modern_awards/award/MA000092/default.htm
[2019] FWC 932
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Group 3 (33 awards)
Award code Award title Matter No.
Sub-group 3A
MA000019 Banking, Finance and Insurance Award 2010 AM2014/217
MA000021 Business Equipment Award 2010 AM2014/218
MA000002 Clerks Private Sector Award 2010 AM2014/219
MA000083 Commercial Sales Award 2010 AM2014/221
MA000023 Contract Call Centres Award 2010 AM2014/222
MA000094 Fitness Industry Award 2010 AM2014/227
MA000099 Labour Market Assistance Industry Award 2010 AM2014/232
MA000116 Legal Services Award 2010 AM2014/233
MA000030 Market and Social Research Award 2010 AM2014/236
MA000104 Miscellaneous Award 2010 AM2014/237
MA000106 Real Estate Industry 2010 AM2014/242
MA000082 Sporting Organisations Award 2010 AM2014/245
MA000041 Telecommunications Services Award 2010 AM2014/248
Sub-group 3B
MA000075 Educational Services (Post-Secondary Education) Award 2010 AM2014/224
MA000076 Educational Services (Schools) General Staff Award 2010 AM2014/225
MA000006 Higher Education – Academic Staff Award 2010 AM2014/229
MA000007 Higher Education – General Staff Award 2010 AM2014/230
MA000112 Local Government Industry Award 2010 AM2014/234
MA000121 State Government Agencies Award 2010 AM2014/246
Sub-group 3C
MA000045 Coal Export Terminals Award 2010 AM2014/220
MA000085 Dredging Industry Award 2010 AM2014/223
MA000088 Electrical Power Industry Award 2010 AM2014/226
MA000050 Marine Towage Award 2010 AM2014/235
MA000051 Port Authorities Award 2010 AM2014/240
MA000052 Ports, Harbours and Enclosed Water Vessels Award 2010 AM2014/241
MA000122 Seagoing Industry Award 2010 AM2014/243
Sub-group 3D
MA000101 Gardening and Landscaping Services Award 2010 AM2014/228
MA000028 Horticulture Award 2010 AM2014/231
MA000033 Nursery Award 2010 AM2014/238
MA000035 Pastoral Award 2010 AM2014/239
MA000040 Silviculture Award 2010 AM2014/244
MA000087 Sugar Industry Award 2010 AM2014/247
MA000090 Wine Industry Award 2010 AM2014/249
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000090?m=AM2014/249
http://www.fwc.gov.au/documents/modern_awards/award/ma000090/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000087?m=AM2014/247
http://www.fwc.gov.au/documents/modern_awards/award/ma000087/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000040?m=AM2014/244
http://www.fwc.gov.au/documents/modern_awards/award/ma000040/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000035?m=AM2014/239
http://www.fwc.gov.au/documents/modern_awards/award/ma000035/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000033?m=AM2014/238
http://www.fwc.gov.au/documents/modern_awards/award/ma000033/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000028?m=AM2014/231
http://www.fwc.gov.au/documents/modern_awards/award/ma000028/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000101?m=AM2014/228
http://www.fwc.gov.au/documents/modern_awards/award/ma000101/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000122?m=AM2014/243
http://www.fwc.gov.au/documents/modern_awards/award/ma000122/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000052?m=AM2014/241
http://www.fwc.gov.au/documents/modern_awards/award/ma000052/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000051?m=AM2014/240
http://www.fwc.gov.au/documents/modern_awards/award/ma000051/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000050?m=AM2014/235
http://www.fwc.gov.au/documents/modern_awards/award/ma000050/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000088?m=AM2014/226
http://www.fwc.gov.au/documents/modern_awards/award/ma000088/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000085?m=AM2014/223
http://www.fwc.gov.au/documents/modern_awards/award/ma000085/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000045?m=AM2014/220
http://www.fwc.gov.au/documents/modern_awards/award/ma000045/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000121?m=AM2014/246
http://www.fwc.gov.au/documents/modern_awards/award/ma000121/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000112?m=AM2014/234
http://www.fwc.gov.au/documents/modern_awards/award/ma000112/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000007?m=AM2014/230
http://www.fwc.gov.au/documents/modern_awards/award/ma000007/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000006?m=AM2014/229
http://www.fwc.gov.au/documents/modern_awards/award/ma000006/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000076?m=AM2014/225
http://www.fwc.gov.au/documents/modern_awards/award/ma000076/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000075?m=AM2014/224
http://www.fwc.gov.au/documents/modern_awards/award/ma000075/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000041?m=AM2014/248
http://www.fwc.gov.au/documents/modern_awards/award/ma000041/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000082?m=AM2014/245
http://www.fwc.gov.au/documents/modern_awards/award/ma000082/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000106?m=AM2014/242
http://www.fwc.gov.au/documents/modern_awards/award/ma000106/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000104?m=AM2014/237
http://www.fwc.gov.au/documents/modern_awards/award/ma000104/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000030?m=AM2014/236
http://www.fwc.gov.au/documents/modern_awards/award/ma000030/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000116?m=AM2014/233
http://www.fwc.gov.au/documents/modern_awards/award/ma000116/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000099?m=AM2014/232
http://www.fwc.gov.au/documents/modern_awards/award/ma000099/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000094?m=AM2014/227
http://www.fwc.gov.au/documents/modern_awards/award/ma000094/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000023?m=AM2014/222
http://www.fwc.gov.au/documents/modern_awards/award/ma000023/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000083?m=AM2014/221
http://www.fwc.gov.au/documents/modern_awards/award/ma000083/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000002?m=AM2014/219
http://www.fwc.gov.au/documents/modern_awards/award/ma000002/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000021?m=AM2014/218
http://www.fwc.gov.au/documents/modern_awards/award/ma000021/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000019?m=AM2014/217
http://www.fwc.gov.au/documents/modern_awards/award/ma000019/default.htm
[2019] FWC 932
26
Group 4 (40 awards)
Award code Award title Matter No.
Sub-group 4A
MA000115 Aboriginal Community Controlled Health Services Award 2010 AM2014/250
MA000018 Aged Care Award 2010 AM2014/251
MA000120 Children’s Services Award 2010 AM2014/263
MA000077 Educational Services (Teachers) Award 2010 AM2014/266
MA000100 Social, Community, Home Care and Disability Services Industry
Award 2010
AM2014/285
MA000103 Supported Employment Services Award 2010 AM2014/286
Sub-group 4B
MA000046 Air Pilots Award 2010 AM2014/252
MA000047 Aircraft Cabin Crew Award 2010 AM2014/253
MA000048 Airline Operations—Ground Staff Award 2010 AM2014/254
MA000049 Airport Employees Award 2010 AM2014/255
Sub-group 4C
MA000079 Architects Award 2010 AM2014/257
MA000020 Building and Construction General On-site Award 2010 AM2014/260
MA000025 Electrical, Electronic and Communications Contracting Award 2010 AM2014/265
MA000064 Hydrocarbons Field Geologists Award 2010 AM2014/273
MA000029 Joinery and Building Trades Award 2010 AM2014/274
MA000032 Mobile Crane Hiring Award 2010 AM2014/278
MA000036 Plumbing and Fire Sprinklers Award 2010 AM2014/280
MA000066 Surveying Award 2010 AM2014/287
Sub-group 4D
MA000080 Amusement, Events and Recreation Award 2010 AM2014/256
MA000078 Book Industry Award 2010 AM2014/258
MA000091 Broadcasting and Recorded Entertainment Award 2010 AM2014/259
MA000067 Journalists Published Media Award 2010 AM2014/275
MA000081 Live Performance Award 2010 AM2014/276
MA000013 Racing Clubs Events Award 2010 AM2014/282
MA000102 Travelling Shows Award 2010 AM2014/288
Sub-group 4E
MA000095 Car Parking Award 2010 AM2014/261
MA000070 Cemetery Industry Award 2010 AM2014/262
MA000073 Food, Beverage and Tobacco Manufacturing Award 2010 AM2014/268
MA000105 Funeral Industry Award 2010 AM2014/269
MA000097 Pest Control Industry Award 2010 AM2014/279
MA000065 Professional Employees Award 2010 AM2014/281
MA000113 Water Industry Award 2010 AM2014/289
Sub-group 4F
MA000096 Dry Cleaning and Laundry Industry Award 2010 AM2014/264
MA000003 Fast Food Industry Award 2010 AM2014/267
MA000004 General Retail Industry Award 2010 AM2014/270
MA000005 Hair and Beauty Industry Award 2010 AM2014/271
MA000009 Hospitality Industry (General) Award 2010 AM2014/272
MA000117 Mannequins and Models Award 2010 AM2014/277
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000117?m=AM2014/277
http://www.fwc.gov.au/documents/modern_awards/award/ma000117/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000009?m=AM2014/272
http://www.fwc.gov.au/documents/modern_awards/award/ma000009/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000005?m=AM2014/271
http://www.fwc.gov.au/documents/modern_awards/award/ma000005/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000004?m=AM2014/270
http://www.fwc.gov.au/documents/modern_awards/award/ma000004/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000003?m=AM2014/267
http://www.fwc.gov.au/documents/modern_awards/award/ma000003/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000096?m=AM2014/264
http://www.fwc.gov.au/documents/modern_awards/award/ma000096/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000113?m=AM2014/289
http://www.fwc.gov.au/documents/modern_awards/award/ma000113/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000065?m=AM2014/281
http://www.fwc.gov.au/documents/modern_awards/award/ma000065/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000097?m=AM2014/279
http://www.fwc.gov.au/documents/modern_awards/award/ma000097/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000105?m=AM2014/269
http://www.fwc.gov.au/documents/modern_awards/award/ma000105/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000073?m=AM2014/268
http://www.fwc.gov.au/documents/modern_awards/award/ma000073/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000070?m=AM2014/262
http://www.fwc.gov.au/documents/modern_awards/award/ma000070/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000095?m=AM2014/261
http://www.fwc.gov.au/documents/modern_awards/award/ma000095/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000102?m=AM2014/288
http://www.fwc.gov.au/documents/modern_awards/award/ma000102/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000013?m=AM2014/282
http://www.fwc.gov.au/documents/modern_awards/award/ma000013/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000081?m=AM2014/276
http://www.fwc.gov.au/documents/modern_awards/award/ma000081/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000067?m=AM2014/275
http://www.fwc.gov.au/documents/modern_awards/award/ma000067/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000091?m=AM2014/259
http://www.fwc.gov.au/documents/modern_awards/award/ma000091/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000078?m=AM2014/258
http://www.fwc.gov.au/documents/modern_awards/award/ma000078/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000080?m=AM2014/256
http://www.fwc.gov.au/documents/modern_awards/award/ma000080/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000066?m=AM2014/287
http://www.fwc.gov.au/documents/modern_awards/award/ma000066/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000036?m=AM2014/280
http://www.fwc.gov.au/documents/modern_awards/award/ma000036/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000032?m=AM2014/278
http://www.fwc.gov.au/documents/modern_awards/award/ma000032/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000029?m=AM2014/274
http://www.fwc.gov.au/documents/modern_awards/award/ma000029/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000064?m=AM2014/273
http://www.fwc.gov.au/documents/modern_awards/award/ma000064/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000025?m=AM2014/265
http://www.fwc.gov.au/documents/modern_awards/award/ma000025/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000020?m=AM2014/260
http://www.fwc.gov.au/documents/modern_awards/award/ma000020/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000079?m=AM2014/257
http://www.fwc.gov.au/documents/modern_awards/award/ma000079/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000049?m=AM2014/255
http://www.fwc.gov.au/documents/modern_awards/award/ma000049/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000048?m=AM2014/254
http://www.fwc.gov.au/documents/modern_awards/award/ma000048/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000047?m=AM2014/253
http://www.fwc.gov.au/documents/modern_awards/award/ma000047/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000046?m=AM2014/252
http://www.fwc.gov.au/documents/modern_awards/award/ma000046/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000103?m=AM2014/286
http://www.fwc.gov.au/documents/modern_awards/award/ma000103/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000100?m=AM2014/285
http://www.fwc.gov.au/documents/modern_awards/award/ma000100/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000077?m=AM2014/266
http://www.fwc.gov.au/documents/modern_awards/award/ma000077/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000120?m=AM2014/263
http://www.fwc.gov.au/documents/modern_awards/award/ma000120/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000018?m=AM2014/251
http://www.fwc.gov.au/documents/modern_awards/award/ma000018/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000115?m=AM2014/250
http://www.fwc.gov.au/documents/modern_awards/award/ma000115/default.htm
[2019] FWC 932
27
Award code Award title Matter No.
MA000058 Registered and Licensed Clubs Award 2010 AM2014/283
MA000119 Restaurant Industry Award 2010 AM2014/284
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000119?m=AM2014/284
http://www.fwc.gov.au/documents/modern_awards/award/ma000119/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000058?m=AM2014/283
http://www.fwc.gov.au/documents/modern_awards/award/ma000058/default.htm
[2019] FWC 932
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Attachment B—List of decisions relating to technical and drafting issues —award stage
Citation Description Members Date
[2018] FWCFB 7210 Award stage - group 2 -
exposure drafts
Ross J, Hatcher VP,
Hamberger SDP, Bull DP
23/11/2018
[2018] FWCFB 7145 Award stage - group 3 awards -
exposure drafts
Ross J, Hamberger SDP,
Clancy DP, Johns C
23/11/2018
[2018] FWCFB 7007 Group 1 - consultation
obligations - Poultry, Meat and
Manufacturing awards
Ross J, Hatcher VP,
Hamberger SDP, Bull DP,
Bissett C
16/11/2018
[2018] FWCFB 6852 Award stage - group 4 awards -
exposure drafts
Ross J, Catanzariti VP,
Gostencnik DP, Lee C,
Cirkovic C
13/11/2018
[2018] FWCFB 6368 Award stage - group 3 awards -
technical and drafting –
outstanding issues
Ross J, Hamberger SDP,
Clancy DP, Johns C
15/10/2018
[2018] FWCFB 5986 Award stage - exposure drafts -
technical and drafting issues -
Group 2 awards - outstanding
issues
Ross J, Hatcher VP,
Hamberger SDP, Bull DP
26/09/2018
[2018] FWCFB 5602 Award stage - group 1 -
technical and drafting
Ross J, Hatcher VP,
Hamberger SDP, Bull DP,
Bissett C
12/09/2018
[2018] FWCFB 4175 Award stage – exposure drafts
– Group 4 awards – further
decision
Ross J, Catanzariti VP,
Gostencnik DP, Lee C,
Cirkovic C
07/08/2018
[2018] FWCFB 3802 Award stage – group 1 awards
– technical and drafting matters
– outstanding issues
Ross J, Hatcher VP,
Hamberger SDP, Bull DP,
Bissett C
28/06/2018
[2018] FWCFB 1548 Award stage - Group 4 awards
- technical and drafting -
substantive matters.
Ross J, Catanzariti VP,
Gostencnik DP, Lee C,
Cirkovic C
21/03/2018
[2018] FWCFB 1405 Award stage - group 3 awards -
outstanding technical and
drafting issues
Ross J, Hamberger SDP,
Clancy DP, Johns C
13/03/2018
[2017] FWCFB 5536 Award stage - Group 3 awards
- exposure drafts - technical
and drafting
Ross J, Hamberger SDP,
Clancy DP, Johns C
30/10/2017
[2017] FWCFB 3433 Award stage - exposure drafts -
group 3 awards
Ross J, Hamberger SDP,
Clancy DP, Roe C, Johns
C
06/07/2017
[2017] FWCFB 3176 National Training Wage
schedule - reference term - next
steps
Ross J, Hatcher VP, Hunt
C
09/06/2017
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3176.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3433.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb5536.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb1405.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb1548.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3802.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4175.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb5602.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb5986.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6368.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb6852.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb7007.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb7145.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb7210.htm
[2019] FWC 932
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Citation Description Members Date
[2017] FWCFB 3177 4 yearly review of modern
awards – award stage – group 1
technical and drafting issues –
Manufacturing and Associated
Industries and Occupations
Award 2010 – Professional
Diving Industry (Industrial)
Award 2010
Ross J, Hatcher VP,
Hamberger SDP, Bull DP,
Bissett C
09/06/2017
[2016] FWCFB 7254 Group 2 awards - award stage -
exposure drafts
Ross J, Hatcher VP,
Hamberger SDP, Bull DP,
Roe C
10/10/2016
[2016] FWCFB 191 Alleged NES Inconsistencies -
Pastoral Award 2010, Building
and Construction General On-
site Award 2010 and Plumbing
and Fire Sprinklers Award
2010
Ross J, Hatcher VP,
Hamberger SDP, Bull DP,
Bissett C
11/01/2016
[2015] FWCFB 7236 Exposure Drafts - Group 1C,
1D and 1E awards
Ross J, Hatcher VP,
Hamberger SDP, Bull C,
Bissett C
23/10/2015
[2015] FWCFB 6656 Absorption clause - casual
loading
Ross J, Hatcher VP,
Hamberger SDP, Bull DP,
Bissett C
30/09/2015
[2015] FWCFB 4658 Award stage - drafting and
technical issues - ordinary
hourly rate of pay
Ross J, Hatcher VP,
Hamberger SDP, Bissett
C, Bull C
13/07/2015
[2015] FWCFB 3023 Alleged NES Inconsistencies Ross J, Hatcher VP,
Hamberger SDP, Bissett C
and Bull C
08/05/2015
[2014] FWCFB 9412 Award stage - exposure drafts
Group 1A and 1B - General
drafting - alleged
inconsistencies with NES
Ross J, Hatcher VP,
Hamberger SDP, Bissett
C, Bull C
23/12/2014
[2014] FWCFB 1788 Preliminary jurisdictional
issues
Ross J, Hatcher VP,
Acton SDP,
Hamberger SDP,
Hampton C
17/03/2014
https://www.fwc.gov.au/decisionssigned/html/2014fwcfb1788.htm
https://www.fwc.gov.au/decisionssigned/html/2014FWCFB9412.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB3023.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB6656.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB7236.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016FWCFB191.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb7254.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3177.htm
