Fair Work Act 2009
s.156 - 4 yearly review of modern awards

[1] This Full Bench was previously allocated a number of substantive issues concerning the exposure draft for the Vehicle Manufacturing, Repair, Services and Retail Award 2010 1 (VMRSR Award) for determination. Written submissions have been received from interested parties about these issues, and a hearing was conducted on 10 August 2015.

[2] At the hearing, it became apparent that the VMRSR Award, both in its current form and in the exposure draft, was unduly complex and difficult to understand. We consider that, to a significant degree, this difficulty is the result of the inclusion of disparate industry sectors within the same award. In particular, the inclusion of the vehicle manufacturing sector in the VMRSR Award, which is otherwise concerned with employment in the retail and service sectors, causes significant problems in the drafting and structure of the VMRSR Award.

[3] We have provisionally formed the view that the vehicle manufacturing sector should be removed from the VMRSR Award. Because the current award conditions for that sector are highly compatible with the conditions contained in the Manufacturing and Associated Industries and Occupations Award 2010 2 (Manufacturing Award), our provisional view is that the vehicle manufacturing sector should be placed within that Award.

[4] We intend to prepare and have published a new exposure draft of the VMRSR Award which, on a provisional basis, will:

(1) not contain the vehicle manufacturing sector;

(2) be re-drafted in simpler language and with a simpler structure; and

(3) deal with the issues the subject of argument at the hearing on 10 August 2015.

[5] A new exposure draft of the Manufacturing Award incorporating the vehicle manufacturing sector will also be published.

[6] Once the new exposure drafts are published, we will issue directions pursuant to which interested parties will have the opportunity to make submissions concerning the exposure drafts. We will also conduct a further hearing if the parties’ submissions indicate that there are significant issues concerning the exposure drafts which require determination.

VICE PRESIDENT

 1   MA000089

 2   MA000010

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