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Fair Work Act 2009
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective
Review of certain C14 rates in modern awards
(C2019/5259)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT ASBURY
DEPUTY PRESIDENT HAMPTON
MELBOURNE, 4 NOVEMBER 2022
Review of the classification rates at the C14 rate in modern awards – introductory rates –
provisional views confirmed.
[1] The Commission has initiated a review of certain modern awards which have
classification rates at the C14 rate which are either not transitional rates or where the transition
period is not specified (the Review). The C14 rate is equivalent to the National Minimum Wage
(NMW). The Background to this matter is set out in 3 earlier Statements issued by the
President.1
[2] In a Statement published on 6 October 2022 we expressed the following provisional
views:
1. Broadcasting Award
[3] The MEAA previously indicated that it would not be seeking to vary the Broadcasting,
Recorded Entertainment and Cinemas Award 2020 (Broadcasting Award) on the basis that the
award did not have employee classifications at the Grade 1 (C14) level. In a statement issued
on 27 July 20222 (July Statement), the President expressed the provisional view that that the
references to the Grade 1 classification in the Broadcasting, Recorded Entertainment and
Cinemas Award 2020 are obsolete and should be deleted.
[4] We expressed the provisional view that the Broadcasting Award should be varied as
follows:
13.2 (a) Grade 1 entertainment employee includes the following classifications:
1 [2022] FWC 1989; [2020] FWC 6647 and [2019] FWC 8159
2 [2022] FWC 1989
[2022] FWCFB 198
STATEMENT
AUSTRALIA FairWork Commission
[2022] FWCFB 198
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No classifications. The minimum rate for a Grade 1 entertainment employee is used for
the purposes of calculating the adult cadet rates in clause 13.7 only.
13.3 Adult rates
An employer must pay adult entertainment employees in the classifications in
clause 13.2 the following minimum rates for ordinary hours worked by the employee
(subject to the provisions of clause 13.8):
Classification level Minimum weekly rate
(full-time employee)
Minimum hourly rate
$ $
GRADE 11 812.60 21.38
Grade 2 834.80 21.97
… … …
Grade 18 1361.30 35.82
1 The minimum rate for a Grade 1 entertainment employee is used for the purposes of
calculating the adult cadet rates in clause 13.7 only.
[5] It was our provisional view that such a variation would remove an ambiguity or
uncertainty in the Broadcasting Award about the application and purpose of the grade 1 rate
appearing in cl.13.3. In our view, the proposed variation would clarify that the grade 1 rate is
included only for the purpose of calculating the adult cadet rates and should not be used for any
other purpose. A draft determination giving effect to this provisional view was issued with the
6 October 2022 Statement.
2. Cement, Lime and Quarrying Award 2020, Oil Refining and Manufacturing
Award 2020 and Air Pilots Award 2020
[6] At a conference before Commissioner Hampton, the relevant unions indicated that they
do not consider that the following awards require review3:
Cement, Lime and Quarrying Award 2020
Oil Refining and Manufacturing Award 2020
Air Pilots Award 2020
[7] No other party participating at the conference objected to the views of the unions. As
set out above, Ai Group supported this position in their submissions dated 12 September 2022.
We expressed the provisional view that the 3 awards set out above at [27] should be excluded
from the review.
3 See Report, [20].
[2022] FWCFB 198
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[8] Further, the CFMMEU – MUA Division had earlier indicated that it would not be
seeking to vary the Port Authorities Award 2020 or the Stevedoring Industry Award 2020 on
the basis that the awards were ‘in sufficient terms.’ In the July Statement,4 the President
expressed the provisional view that these 2 awards would not be reviewed further as part of this
matter. No party objected to the provisional view either in submissions or at the conference
before Commissioner Hampton. In the 6 October 2022 Statement we confirmed that provisional
view. No further action will be taken in relation to these awards.
[9] Interested parties were invited to comment on the provisional views at [4],[5] and [7] of
the 6 October 2022 Statement and the draft determination by 4pm (AEDT) on Friday 14
October 2022. We said that if we did not receive any objection to the provisional views, we
would confirm them and proceed to vary the Broadcasting Award in the terms set out in the
draft determination. There was no objection to our provisional views and we will proceed
accordingly.
[10] The following awards remain to be considered as part of the review:
Awards in which the C14 classification appears to be transitional, but no particular
transition period is specified:
Concrete Products Award 2020
Meat Industry Award 2020
Rail Industry Award 2020
Awards in which the C14 classification level is not a transitional level:
Dry Cleaning and Laundry Industry Award 2020
Funeral Industry Award 2020
Sugar Industry Award 2020
Travelling Shows Award 2020.
[11] A Background Paper prepared by Commission staff and setting out the history of the
relevant modern award provisions has been published to the Commission website.
[12] We issued the following directions in relation to the review of the C14 rates in the
remaining awards:
1. Those parties seeking a change to one or more of the relevant modern awards
should file details of the proposal with the Commission by 4pm (AEDT) on
19 October 2022.
2. Any submissions in response to the proposals filed in accordance with direction
1 and the Background Paper (including any corrections to the Background
paper) should be filed by 4pm (AEST) on 26 October 2022.
3. Any submissions in response, or corrections to the Background Paper should be
filed by 4pm (AEDT) on 26 October 2022.
4 [2022] FWC 1989.
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-background-fwc-031022.pdf
[2022] FWCFB 198
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4. Submissions should be filed in Word format and sent to amod@fwc.gov.au. Any
material received will be published on the relevant page on the Commission’s
website.
5. The matter will be listed for Mention at 9:30am (AEDT) on Thursday 27
October 2022.
[13] Proposals for change were received from:
United Workers Union
Rail, Tram & Bus Union
CFMMEU – Manufacturing Division
Australian Workers’ Union
Australasian Meat Industry Employees’ Union
[14] Submissions in response were filed from:
Australian Industry Group
Australian Manufacturing Workers’ Union
Drycleaning Institute of Australia
Australian Business Industrial and NSW Business Chamber
[15] The Commission has prepared a summary of the proposals for change and submissions
in response which has been published to the Commission’s website.
[16] A Mention was held before the President on 2 November 2022. The transcript of the
mention is available here.
[17] The principal employer parties – ABI and Ai Group – do not currently support any of
the proposals, but are prepared to enter into discussions with the union proponents. They both
sought more time to consult with their stakeholders and members in respect of the proposals
for change; to be followed by a conference process before the Commission. These proposals
were discussed at the Mention on 2 November 2022.
[18] Deputy President Hampton will conduct conferences in respect of the proposals for
change in the week commencing 12 December 2022. Listing notices will be published in due
course. In the meantime interested parties are encouraged to confer directly in respect of the
proposals.
[19] No proposal was filed in respect of the Travelling Shows Award 2020. Mr Houlihan, on
behalf of the Showmen’s Guild of Australasia, filed a submission on 2 November 2022
proposing that the Travelling Shows Award 2020 be excluded from the review. Any party
opposing the exclusion of the Travelling Shows Award 2020 from the review is to file a
submission by no later than 4:00pm on Friday 18 November 2022. Submissions should be
filed in Word format and sent to amod@fwc.gov.au. Any material received will be published
on the relevant page on the Commission’s website.
mailto:amod@fwc.gov.au
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-sub-uwu-191022.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-sub-rtbu-191022.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/20195259-sub-cfmmeu-md-191022.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-sub-awu-191022.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-sub-amieu-191022.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-sub-aig-261022.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-sub-amwu-261022.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-sub-dia-251022.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-sub-abi-anor-261022.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/c2019529-summary-proposals-fwc-021122.pdf
https://www.fwc.gov.au/documents/sites/rates-c14-review/021122-c20195259.htm
https://www.fwc.gov.au/documents/sites/rates-c14-review/c20195259-sub-sg-021122.pdf
mailto:amod@fwc.gov.au
[2022] FWCFB 198
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[20] We will give further consideration to the inclusion of the Travelling Shows Award 2020
in the C14 review after interested parties have had an opportunity to comment on the submission
filed by the Showmen’s Guild of Australasia.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR747535
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