[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.

The General Process

[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.

Penalty Rates

[3] At this stage it appears that proposals to alter penalty rates may be made in respect of the following awards:

  • Title


Award Code

Matter No.

Group

  • Dry Cleaning and Laundry Industry Award 2010


MA000096

AM2014/264

4

  • Fast Food Industry Award 2010


MA000003

AM2014/267

4

  • General Retail Industry Award 2010


MA000004

AM2014/270

4

  •  Hair and Beauty Industry Award 2010


MA000005

AM2014/271

4

  • Hospitality Industry (General) Award 2010


MA000009

AM2014/272

4

  • Pharmacy Industry Award 2010


MA000012

AM2014/209

2

  • Racing Clubs Events Award 2010


MA000013

AM2014/282

4

  • Registered and Licensed Clubs Award 2010


MA000058

AM2014/283

4

  • Restaurant Industry Award 2010


MA000119

AM2014/284

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:

[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].

Other Matters

[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.

Timeline

[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.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, PR558378>

ATTACHMENT A—Group 3 and 4 awards—draft sub-groupings

Group 3

Sub-group 3A

  • Title


  • Award Code

    Matter No.

    Banking, Finance and Insurance Award 2010

    MA000019

    AM2014/217

    Business Equipment Award 2010

    MA000021

    AM2014/218

    Clerks Private Sector Award 2010

    MA000002

    AM2014/219

    Commercial Sales Award 2010

    MA000083

    AM2014/221

    Contract Call Centres Award 2010

    MA000023

    AM2014/222

    Fitness Industry Award 2010

    MA000094

    AM2014/227

    Labour Market Assistance Industry Award 2010

    MA000099

    AM2014/232

    Legal Services Award 2010

    MA000116

    AM2014/233

    Market and Social Research Award 2010

    MA000030

    AM2014/236

    Miscellaneous Award 2010

    MA000104

    AM2014/237

    Real Estate Industry 2010

    MA000106

    AM2014/242

    Sporting Organisations Award 2010

    MA000082

    AM2014/245

    Telecommunications Services Award 2010

    MA000041

    AM2014/248

    Sub-group 3B

  • Title


  • Award Code

    Matter No.

    Educational Services (Post-Secondary Education) Award 2010

    MA000075

    AM2014/224

    Educational Services (Schools) General Staff Award 2010

    MA000076

    AM2014/225

    Higher Education – Academic Staff Award 2010

    MA000006

    AM2014/229

    Higher Education – General Staff Award 2010

    MA000007

    AM2014/230

    Local Government Industry Award 2010

    MA000112

    AM2014/234

    State Government Agencies Administration Award 2010

    MA000121

    AM2014/246

    Sub-group 3C

  • Title


  • Award Code

    Matter No.

    Coal Export Terminals Award 2010

    MA000045

    AM2014/220

    Dredging Industry Award 2010

    MA000085

    AM2014/223

    Electrical Power Industry Award 2010

    MA000088

    AM2014/226

    Marine Towage Award 2010

    MA000050

    AM2014/235

    Port Authorities Award 2010

    MA000051

    AM2014/240

    Ports, Harbours and Enclosed Water Vessels Award 2010

    MA000052

    AM2014/241

    Seagoing Industry Award 2010

    MA000122

    AM2014/243

    Sub-group 3D

  • Title


  • Award Code

    Matter No.

    Gardening and Landscaping Services Award 2010

    MA000101

    AM2014/228

    Horticulture Award 2010

    MA000028

    AM2014/231

    Nursery Award 2010

    MA000033

    AM2014/238

    Pastoral Award 2010

    MA000035

    AM2014/239

    Silviculture Award 2010

    MA000040

    AM2014/244

    Sugar Industry Award 2010

    MA000087

    AM2014/247

    Wine Industry Award 2010

    MA000090

    AM2014/249

    Group 4

    Sub-group 4A

  • Title


  • Award Code

    Matter No.

    Aboriginal Community Controlled Health Services Award 2010

    MA000115

    AM2014/250

    Aged Care Award 2010

    MA000018

    AM2014/251

    Children’s Services Award 2010

    MA000120

    AM2014/263

    Educational Services (Teachers) Award 2010

    MA000077

    AM2014/266

    Social, Community, Home Care and Disability Services Industry Award 2010

    MA000100

    AM2014/285

    Supported Employment Services Award 2010

    MA000103

    AM2014/286

    Sub-group 4B

  • Title


  • Award Code

    Matter No.

    Air Pilots Award 2010

    MA000046

    AM2014/252

    Aircraft Cabin Crew Award 2010

    MA000047

    AM2014/253

    Airline Operations – Ground Staff Award 2010

    MA000048

    AM2014/254

    Airport Employees Award 2010

    MA000049

    AM2014/255

    Sub-group 4C

  • Title


  • Award Code

    Matter No.

    Car Parking Award 2010

    MA000095

    AM2014/261

    Cemetery Industry Award 2010

    MA000070

    AM2014/262

    Food, Beverage and Tobacco Manufacturing Award 2010

    MA000073

    AM2014/268

    Funeral Industry Award 2010

    MA000105

    AM2014/269

    Pest Control Industry Award 2010

    MA000097

    AM2014/279

    Professional Employees Award 2010

    MA000065

    AM2014/281

    Water Industry Award 2010

    MA000113

    AM2014/289

    Sub-group 4D

  • Title


  • Award Code

    Matter No.

    Amusement, Events and Recreation Award 2010

    MA000080

    AM2014/256

    Book Industry Award 2010

    MA000078

    AM2014/258

    Broadcasting and Recorded Entertainment Award 2010

    MA000091

    AM2014/259

    Journalists Published Media Award 2010

    MA000067

    AM2014/275

    Live Performance Award 2010

    MA000081

    AM2014/276

    Racing Clubs Events Award 2010

    MA000013

    AM2014/282

    Travelling Shows Award 2010

    MA000102

    AM2014/288

    Sub-group 4E

  • Title


  • Award Code

    Matter No.

    Architects Award 2010

    MA000079

    AM2014/257

    Building and Construction General On-site Award 2010

    MA000020

    AM2014/260

    Electrical, Electronic and Communications Contracting Industry Award 2010

    MA000025

    AM2014/265

    Hydrocarbons Field Geologists Award 2010

    MA000064

    AM2014/273

    Joinery and Building Trades Award 2010

    MA000029

    AM2014/274

    Mobile Crane Hiring Award 2010

    MA000032

    AM2014/278

    Plumbing and Fire Sprinklers Award 2010

    MA000036

    AM2014/280

    Surveying Award 2010

    MA000066

    AM2014/287

    Sub-group 4F

  • Title


  • Award Code

    Matter No.

    Dry Cleaning and Laundry Industry Award 2010

    MA000096

    AM2014/264

    Fast Food Industry Award 2010

    MA000003

    AM2014/267

    General Retail Industry Award 2010

    MA000004

    AM2014/270

    Hair and Beauty Industry Award 2010

    MA000005

    AM2014/271

    Hospitality Industry (General) Award 2010

    MA000009

    AM2014/272

    Mannequins and Models Award 2010

    MA000117

    AM2014/277

    Registered and Licensed Clubs Award 2010

    MA000058

    AM2014/283

    Restaurant Industry Award 2010

    MA000119

    AM2014/284

    ATTACHMENT B—Timeline

    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