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Fair Work Act 2009
s.156 – 4 yearly review of modern awards
4 yearly review of modern awards–Award stage–Substantive Issues
(AM2014/1 and others)
JUSTICE ROSS, PRESIDENT MELBOURNE, 6 FEBRUARY 2019
4 yearly review of modern awards – award stage – substantive issues.
[1] This Statement deals with substantive claims made as part of the 4 yearly review of
modern awards (the Review). On 24 December 2018 I issued a Statement1 providing an
update about the status of a number of Full Benches dealing with substantive claims as part of
the Review. Interested parties were provided an opportunity to comment on a provisional
timetable attached to the December Statement which set out when specific matters may be
timetabled in 2019. Three submissions were received in response, from the Australian
Industry Group (Ai Group), the Housing Industry Association (HIA) and the National
Aboriginal and Torres Strait Islander Health Workers Association Limited (NATSIHWA).
[2] NATSIHWA’s response of 30 January 20192 stated that they have a number of
substantial claims in relation to the Aboriginal Community Controlled Health Services Award
2010 (the Aboriginal Community Health Award). These claims are being heard in
AM2018/12. NATSIHWA state that their evidence will involve at least 6 witnesses and it is
anticipated their claims will be opposed, NATSIHWA advised that:
the parties would be assisted by a directions hearing to confirm the timetable for
filing and service of evidence and submissions
the provisional timetable which indicates a hearing in April 2019 is unlikely to
provide sufficient time to facilitate; and
a hearing around late July 2019 would be more appropriate.
[3] The timetable will be amended to indicate a hearing in July 2019 for AM2018/12. A
programming mention will be listed in due course.
[4] In its submission of 18 January 20193 Ai Group noted that:
the program regarding the Air Pilots Award 2010 (AM2018/14) had been finalised;
and
1 [2018] FWC 7869
2 Submission, NATSHIWA, 30 January 2019
3 Submission, Ai Group, 19 January 2019
[2019] FWC 717
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000046?m=AM2014/252
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000115?m=AM2014/250
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc7869.htm
[2019] FWC 717
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a decision regarding the Hair and Beauty Industry Award 2010 (AM2017/50) had
been issued and further submissions are to be filed and on that basis this matter
should be added to the timetable.
[5] These amendments will be made to the timetable.
[6] The HIA filed a submission on 16 January 20194 drawing the Commission’s attention
to an outstanding claim in relation to payment of wages in the Building and Construction
Onsite Award 2010. The claim in question forms part of the payment of wages common issue.
Common issue matters were not originally included in the provisional timetable, however in
light of this submission any dates for 2019 for the payment of wages common issue will be
added to the timetable.
[7] The timetable will be finalised and published on the Commission’s website, having
regard to the submissions received. The timetable will be updated throughout 2019.
[8] As mentioned in the December Statement, programming mentions will be scheduled
prior to directions being issued in any of the matters in the substantive matters timetable.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR704621
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[2019] FWC 717
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ATTACHMENT A
Link to finalised 2019 timetable
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20141-substantivefullbench-planner-2019-060219.pdf
