[2009] AIRCFB 980

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

STATEMENT

Workplace Relations Act 1996
s.576E—Procedure for carrying out award modernisation process
Request from the Minister for Employment and Workplace Relations—28 March 2008

JUSTICE GIUDICE, PRESIDENT VICE PRESIDENT LAWLER VICE PRESIDENT WATSON SENIOR DEPUTY PRESIDENT WATSON SENIOR DEPUTY PRESIDENT HARRISON SENIOR DEPUTY PRESIDENT ACTON COMMISSIONER SMITH

MELBOURNE, 21 DECEMBER 2009

AWARD MODERNISATION

[1] This statement concerns award modernisation and the process of making residual variations to modern awards. In its decision of 26 June 2009 the Full Bench dealt, among other things, with the nature of residual variations and the process for making them. 1 At that time it was anticipated that the residual variations would be made before the end of 2009.

[2] There are in excess of 100 applications to vary modern awards which are yet to be finalised. Variations are being made on a daily basis. We are concerned that confusion could arise if we embark on the process of making residual variations while there are so many substantive variation applications still being dealt with. We have therefore decided to delay the residual variation process until early in 2010.

[3] We indicate that the residual variations will deal with necessary changes in terminology and statutory references, typographical and formatting issues and changes in standard or model provisions. For example:

• the transitional provisions in the priority and Stage 2 modern awards will be varied to include later changes in the model provisions;



• the priority, Stage 2 and Stage 3 awards will be varied to include the national training wage and labour hire/group training provisions decided upon in the Stage 4 decision; 2 and



• the priority awards will be varied to include the model supported wage and model school-based apprentices provisions decided upon after the priority modern awards were made.

[4] Drafts including all outstanding residual variations will be made available for comment on the FWA website in January 2010. It is anticipated that when they are made the residual variations will operate from 1 January 2010.

BY THE COMMISSION:

PRESIDENT

 1   [2009] AIRCFB 645 at paras 4 and 5.

 2   [2009] AIRCFB 945.

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