1
Fair Work Act 2009
s 157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
Review of fixed-term contract provisions – Higher Education Awards
(AM2024/39)
Educational services
DEPUTY PRESIDENT SLEVIN
COMMISSIONER JOHNS
COMMISSIONER HARPER-GREENWELL
COMMISSIONER TRAN
SYDNEY, 1 NOVEMBER 2024
Modern Awards Review 2023–24 – fixed-term contract provisions – Higher Education
Industry—Academic Staff—Award 2020 – Higher Education Industry—General Staff—
Award 2020.
[1] In accordance with the Statement issued on 30 September 2024,1 a conference was held
before the presiding member to hear the parties’ views on the list of provisional issues set out
in the Statement and the timetabling of the matter.
[2] Correspondence provided by the Australian Higher Education Industrial Association
and representatives of a number of Universities generally accepted the list of provisional issues
as appropriate for consideration in the Review. The correspondence also suggested that the Full
Bench consider as a preliminary question going to the proper construction of ss 333E and 333F
of the Fair Work Act 2009 being whether the exemption in s 333F(1)(h) was as broad as
suggested in submissions made by the National Tertiary Education Union during the Modern
Awards Review 2023–2024. At the conference on 30 September 2024 a number of further
matters were raised going to the detail of the issues to be determined in the Review.
[3] The parties have requested that a member of the Full Bench conduct a series of
conferences to discuss the issues raised by this Review and to explore whether there is
consensus on narrowing those issues. The conference may also deal with the manner in which
our Review is to be conducted.
[4] We have decided that further conferences for the purpose of seeking consensus on
confining the issues to be determined in the Review, considering the preliminary issue raised
by the Universities, and the programming of the Review is appropriate.
[2024] FWCFB 414
STATEMENT
AUSTRALIA FairWork Commission
[2024] FWCFB 414
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[5] Commissioner Tran will conduct conferences on 14, 21 and 28 November 2024.
Following the conferences a report back will be listed for further programming of the Review.
A Notice of listing will be issued separately.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR780873
1 [2024] FWCFB 389
FORK THE SEAL OF NOISSINNO
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb389.pdf
