1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT MELBOURNE, 7 APRIL 2020
4 yearly review of modern awards – finalisation of Exposure Drafts and draft variation
determinations
[1] This full bench is dealing with the finalisation of exposure drafts produced during the
4 yearly review of modern awards. In a decision issued on 2 September 2019, we outlined the
finalisation process and divided awards into 3 tranches for this purpose.1
[2] During the process for finalising awards in tranche 1, we said:
If any of the 32 modern awards which we propose to vary is the subject of another
variation determination between the publication of the variation determinations arising
from this decision (on 25 November 2019) and when those variation determinations
commence operation (on 4 February 2020), a conference will be convened to provide
all parties interested in the affected award with an opportunity to be heard in relation
to the appropriate course of action.2
[3] No conferences were required for tranche 1 awards.
[4] This statement deals with the process of implementing subsequent variation
determinations in tranches 2 and 3 where we have issued a final variation determination for an
award as part of the finalisation of technical and drafting matters but it is not yet operational.
[5] In a decision issued on 24 December 2019 (December 2019 Decision)3 we decided
that variation determinations for 14 uncontentious awards in Tranche 2 will commence
operation on 13 April 2020. We also decided that the remaining Tranche 2 variation
determinations (in relation to contentious awards) will commence operation on 4 May 2020.4
1 [2019] FWCFB 6077.
2 [2019] FWCFB 7173 at [216].
3 [2019] FWCFB 8569.
4 [2019] FWCFB 8569 at [12] and [395]-[402].
[2020] FWCFB 1827
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb8569.htm#P1431_89858
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb8569.htm#P1431_89858
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb7173.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb6077.htm
[2020] FWCFB 1827
2
[6] Final variation determinations were issued on 14 February 2020 for 31 of the 39
modern awards in Tranche 2. Further draft determinations for 7 of the remaining awards were
published for comment in February 2020.5
[7] In the December 2019 Decision we said that we would follow the same process as we
had followed for tranche 1, that is, if any of the contentious awards in Tranche 2 is the subject
of another variation determination between the publication of the variation determinations
(issued on 14 February 2020) and when those variation determinations commence operation, a
conference would be convened to provide all parties interested in the affected award with an
opportunity to be heard in relation to the appropriate course of action.6
[8] The implementation of any subsequent variations into final variation determinations is
an administrative process, as the issues giving rise to the subsequent variation determinations
have already been determined by a substantive issues Full Bench. Consequently, and having
regard to the workload pressure on all parties arising from the COVID-19 pandemic we will
no longer hold conferences in relation to the implementation of subsequent variation
determinations in the final variation determinations of any modern award.
Next steps
[9] The final variation determinations of Tranche 2 and Tranche 3 modern awards will
incorporate all variation determinations that are issued prior to the operative date of the
respective final variation determinations. For Tranche 2 awards, we will issue a correction to
our earlier determination to incorporate any subsequent determinations.
[10] The final variation determinations of the following Tranche 2 awards will be amended
to implement the determinations set out below:
Gas Award 2010 – a determination in relation to clause 9.1 will be issued and
operate from 1 May 20207
Architects Award 2010 – a determination amending various clauses was issued on 26
March 2020 and will operate from 4 May 20208
Air Pilots Award 2010 – determinations issued on 14 and 21 February 2020
amending and inserting various clauses commenced operation on 21 and 28 February
2020, respectively9
[11] Any determinations made by the Full Bench in AM2020/12 will also be inserted into
each of the relevant Tranche 2 and 3 awards prior to the operative dates.
5 [2020] FWCFB 690 at [94]-[95]. Note that a final variation determination is yet to be issued for the Pastoral Industry
Award 2010.
6 [2019] FWCFB 8569 at [402].
7 See [2020] FWCFB 1602.
8 PR717838.
9 PR716763 and PR716913.
https://www.fwc.gov.au/documents/awardsandorders/html/pr716913.htm
https://www.fwc.gov.au/documents/awardsandorders/html/pr716763.htm
https://www.fwc.gov.au/documents/awardsandorders/html/pr717838.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2020fwcfb1602.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb8569.htm#P1431_89858
https://www.fwc.gov.au/documents/decisionssigned/html/2020fwcfb690.htm#P157_5743
[2020] FWCFB 1827
3
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR718095
