[2014] FWC 8575 |
FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards
(AM2014/217 and others)
JUSTICE ROSS, PRESIDENT |
SYDNEY, 28 NOVEMBER 2014 |
4 yearly review of modern awards – award stage – Group 3 and 4 awards – penalty rates issues.
[1] This statement deals with the outcomes of a conference held on 18 November 2014 in relation to a range of administrative and programming issues associated with the award stage of the 4 yearly review of modern awards (the Review) for awards in Groups 3 and 4. A transcript of the conference is available on the Fair Work Commission website. A list of the proposed sub-groupings for awards in Group 3 and 4 is set out at Attachment A of this Statement.
[2] At the conference on 18 November 2014 there was broad support for the adoption of a similar process to that undertaken in relation to the Group 1 awards, that is:
(i) The awards in groups 3 and 4 will be divided into sub-groups to facilitate a more efficient hearing process and for the convenience of parties who only have an interest in a limited number of the awards being reviewed (the sub-groups are dealt with in more detail below).
(ii) Initial conferences will be held on 10 and 11 February 2015. The purpose of these conferences is to identify the nature of the issues to be raised by interested parties during the review of each of these awards. The conferences will start at 10.00 am and awards will be allocated a specific time slot during each day, once the award sub-groupings have been finalised. A detailed schedule for these conferences will be published on the Commission’s website on 16 December 2014.
(iii) Prior to the February conferences parties will be asked to identify the nature of any changes they intend to propose during the review of these awards. This material is to be filed by no later than 4.00 pm on 2 February 2015. All materials are to be sent to [email protected].
(iv) After the February conferences the Commission will publish a draft Statement setting out the range of issues arising in each award and proposed directions for determining these matters. The proposed directions will include timelines for lodging written submissions and hearing dates. The directions will be in draft form and there will be a consultation period in which interested parties will be able to comment on the proposed directions and add to the range of issues identified in respect of each award. A Final Statement will be issued after the close of the consultation period.
(v) A draft of the proposed sub-groups is attached. Parties who want to comment on the draft groupings should do so by no later than 4.00 pm on Wednesday 10 December 2014. A final version of the sub-groupings will be published with the listing notice for the February conferences, on 16 December 2014.
Note: The groupings are not on the basis of similarity between the awards in each sub-group. Rather the intention has been to group interested parties, in order to reduce the number of Commission attendances required by parties who only have an interest in a limited number of awards.
[3] At this stage it appears that proposals to alter penalty rates may be made in respect of the following awards:
|
Award Code |
Matter No. |
Group |
|
4 | ||
|
4 | ||
|
4 | ||
|
4 | ||
|
4 | ||
|
2 | ||
|
4 | ||
|
4 | ||
|
4 |
[4] The Pharmacy Industry Award 2010 is in Group 2 (while the other affected awards outlined above are in Group 4). The parties interested in this award have agreed that the penalty rates issue in that award should be dealt with in conjunction with the relevant awards in Group 4. The Commission agrees with this approach.
[5] A conference of the parties interested in the penalty rates issue in the above awards will be held on Friday 12 December 2014 at 10.30 am in Melbourne.
[6] The purpose of the conference is to deal with programming and scheduling issues associated with the penalty rates claims. There is already a measure of agreement in respect of the scope of these issues, in that all parties agree that the case is likely to require significant preparation time and that the hearings are likely to commence in the second half of 2015.
[7] Parties are to file a list of the matters to be discussed at the conference (including their position, in summary form, in respect to each of those matters) by no later than 4.00 pm on 4 December 2014. All materials are to be sent to [email protected]. It would facilitate the process if those proposing changes could also file an outline in relation to:
● the nature and scope of the changes sought;
● an estimate of the extent of the witness evidence; and
● the number of hearing days required.
[8] It is desirable that parties attend this conference in person. If for some reason that is not possible a video link will be organised on request. Such requests need to be made no later than 4.00 pm on 8 December 2014 to [email protected].
[9] A request was made in relation to the Broadcasting and Recorded Entertainment Award 2010 for a separate conference before a Member of the Commission for those parties involved in the cinema industry. Once that request has been confirmed it will be referred to a Member for a conference.
[10] The Community and Public Sector Union (CPSU) proposed that the State Government Agencies Administration Award 2010 be dealt with by the Full Bench which is presently dealing with an application to make a State reference public sector modern award. The CPSU submitted that the parties have identified issues in that application which will be relevant when the State Government Agencies Administration Award 2010 is reviewed. A representative of the Victorian Department of Treasury submitted that due to the caretaker conventions the Victorian Government is not presently in a position to respond to the CPSU proposal. Once the caretaker period has ended the parties are to have discussions about how this matter should proceed and are to advise the Commission of any agreed position.
[11] To assist the parties a timeline setting out when various submissions are due and when conferences are being held is set out at Attachment B to this document.
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ATTACHMENT A—Group 3 and 4 awards—draft sub-groupings
Group 3
Sub-group 3A
Award Code |
Matter No. | |
Banking, Finance and Insurance Award 2010 |
||
Business Equipment Award 2010 |
||
Clerks Private Sector Award 2010 |
||
Commercial Sales Award 2010 |
||
Contract Call Centres Award 2010 |
||
Fitness Industry Award 2010 |
||
Labour Market Assistance Industry Award 2010 |
||
Legal Services Award 2010 |
||
Market and Social Research Award 2010 |
||
Miscellaneous Award 2010 |
||
Real Estate Industry 2010 |
||
Sporting Organisations Award 2010 |
||
Telecommunications Services Award 2010 |
Sub-group 3B
Award Code |
Matter No. | |
Educational Services (Post-Secondary Education) Award 2010 |
||
Educational Services (Schools) General Staff Award 2010 |
||
Higher Education – Academic Staff Award 2010 |
||
Higher Education – General Staff Award 2010 |
||
Local Government Industry Award 2010 |
||
State Government Agencies Administration Award 2010 |
Sub-group 3C
Award Code |
Matter No. | |
Coal Export Terminals Award 2010 |
||
Dredging Industry Award 2010 |
||
Electrical Power Industry Award 2010 |
||
Marine Towage Award 2010 |
||
Port Authorities Award 2010 |
||
Ports, Harbours and Enclosed Water Vessels Award 2010 |
||
Seagoing Industry Award 2010 |
Sub-group 3D
Award Code |
Matter No. | |
Gardening and Landscaping Services Award 2010 |
||
Horticulture Award 2010 |
||
Nursery Award 2010 |
||
Pastoral Award 2010 |
||
Silviculture Award 2010 |
||
Sugar Industry Award 2010 |
||
Wine Industry Award 2010 |
Group 4
Sub-group 4A
Award Code |
Matter No. | |
Aboriginal Community Controlled Health Services Award 2010 |
||
Aged Care Award 2010 |
||
Children’s Services Award 2010 |
||
Educational Services (Teachers) Award 2010 |
||
Social, Community, Home Care and Disability Services Industry Award 2010 |
||
Supported Employment Services Award 2010 |
Sub-group 4B
Award Code |
Matter No. | |
Air Pilots Award 2010 |
||
Aircraft Cabin Crew Award 2010 |
||
Airline Operations – Ground Staff Award 2010 |
||
Airport Employees Award 2010 |
Sub-group 4C
Award Code |
Matter No. | |
Car Parking Award 2010 |
||
Cemetery Industry Award 2010 |
||
Food, Beverage and Tobacco Manufacturing Award 2010 |
||
Funeral Industry Award 2010 |
||
Pest Control Industry Award 2010 |
||
Professional Employees Award 2010 |
||
Water Industry Award 2010 |
Sub-group 4D
Award Code |
Matter No. | |
Amusement, Events and Recreation Award 2010 |
||
Book Industry Award 2010 |
||
Broadcasting and Recorded Entertainment Award 2010 |
||
Journalists Published Media Award 2010 |
||
Live Performance Award 2010 |
||
Racing Clubs Events Award 2010 |
||
Travelling Shows Award 2010 |
Sub-group 4E
Award Code |
Matter No. | |
Architects Award 2010 |
||
Building and Construction General On-site Award 2010 |
||
Electrical, Electronic and Communications Contracting Industry Award 2010 |
||
Hydrocarbons Field Geologists Award 2010 |
||
Joinery and Building Trades Award 2010 |
||
Mobile Crane Hiring Award 2010 |
||
Plumbing and Fire Sprinklers Award 2010 |
||
Surveying Award 2010 |
Sub-group 4F
Award Code |
Matter No. | |
Dry Cleaning and Laundry Industry Award 2010 |
||
Fast Food Industry Award 2010 |
||
General Retail Industry Award 2010 |
||
Hair and Beauty Industry Award 2010 |
||
Hospitality Industry (General) Award 2010 |
||
Mannequins and Models Award 2010 |
||
Registered and Licensed Clubs Award 2010 |
||
Restaurant Industry Award 2010 |
Date |
Action |
2014 |
|
4 December 2014 |
Submissions due regarding Penalty Rates programming and scheduling issues [see para [7] of this statement] |
10 December 2014 |
Submissions due regarding sub-groupings |
12 December 2014 |
Conference Penalty Rates matters |
16 December 2014 |
Statement regarding sub-groupings and listing for the conference on 10 and 11 February 2015 |
2015 |
|
2 February 2015 |
Submissions due identifying the nature of any changes to be proposed during the review of any award in Groups 3 or 4. |
10 and 11 February 2015 |
Initial conferences of Groups 3 and 4 awards |
mid February 2015 |
Draft Statement Groups 3 and 4 awards – issues and directions |
late March 2015 |
Final Statement Groups 3 and 4 awards – issues and directions |