| [2018] FWC 1118 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – Plain language re-drafting – Security Services Industry Award 2010
(AM2016/15, AM2014/89)
JUSTICE ROSS, PRESIDENT |
PERTH, 21 FEBRUARY 2018 |
4 yearly review of modern awards – plain language re-drafting – Security Services Industry Award 2010.
[1] In this Statement we set out the next steps in the plain language project in relation to re-drafting the Security Services Industry Award 2010 (the current award) following the conference held on 8 November 2017 1 (the November conference).
[2] A plain language exposure draft of the Security Services Industry Award 2010 2 was first published on 8 September 2017. Submissions and reply submissions were received by parties in relation to the initial draft and a further plain language exposure draft3 (the revised PLED) was published on 25 January 2018.
[3] A summary of submissions was first published on 31 October 2017. 4
[4] During the November conference the Commission facilitated discussions with parties with the view to resolving issues outlined in the summary of submissions. A transcript of the conference is available on the Commission’s website. 5 United Voice, Australian Security Industry Association (ASIAL) and Australian Business Industrial and NSW Business Chamber (ABI) were in attendance at the conference. A number of issues were provisionally resolved at this conference.
[5] Following the conference, a Statement 6 was issued on 9 November 2017 (the November Statement) inviting interested parties to confirm their position in respect of the status of several items raised in the conference. Parties were also provided an opportunity to file further submissions.
[6] Further submissions were received from the following parties:
• United Voice (17 November 2017); 7
ABI (20 November 2017); 8
ASIAL (20 November 2017). 9
[7] A revised Summary of Submissions 10 was republished on 25 January 2018 to incorporate amendments arising from the November conference and the parties’ submissions in response to the November Statement.
[8] The updated status of each item in the revised Summary of Submissions 11 is set out below.
[9] Items 1, 2, 7, 9, 11, 20, 34, 47 of the revised Summary of Submissions have been withdrawn.
[10] Items 5, 6, 17, 19, 38, 40 and 42 of the revised Summary of Submissions have been provisionally resolved.
[11] The following items of the revised Summary of Submissions have been provisionally partially resolved: 12, 13, 14, 15 and 16.
[12] We note that in the revised PLED 12 some amendments were made to address items relating to part-time employment, casual employment and minimum rates.
[13] In respect of part-time employment, the issue raised at items 12 and 13 of the revised Summary of Submissions was provisionally resolved in the revised Clerks—Private Sector Award 2017 exposure draft 13 (the revised Clerks PLED) by deleting clauses 10.4 and 10.5. The Commission suggested deleting the clauses as, based on normal principles of interpretation, the award should be read as applying to everybody covered by it unless it specifically provided otherwise.14 Clauses 10.3 and 10.4 of the revised PLED have been provisionally deleted on this basis.
[14] In respect of casual employment, the issue raised at item 17 of the revised Summary of Submissions was provisionally resolved by updating clause 11.2(a) of the revised PLED to reflect the wording in the current award 15 at clause 10.5(b).
[15] In respect of the minimum rates, the issue has been provisionally resolved by redrafting the lead in words to Table 4 at clause 15 of the revised PLED 16 to reflect the parties’ concerns and to ensure consistency with the changes made to the revised Clerks PLED17 in the Statement of 19 January 2018.18
[16] Items 24, 26, 27, 29, 35, 43-46 of the proposed amendments listed at Attachment A of the revised Summary of Submissions have been provisionally resolved pending the parties’ views on those changes.
[17] Items 3, 18, 39, 48, 49, and 51 of the revised Summary of Submissions remain outstanding. Further, items 12, 13, 14, 15 and 16 of the revised Summary of Submissions remain partially outstanding.
[18] Items 30, 32, 33, 37 and 56 of the revised Summary of Submissions also remain outstanding and are to be determined by the Full Bench with regard to submissions already made.
[19] Parties are to confirm their position in respect of the provisionally resolved and outstanding items listed in Attachment A to this Statement at a further conference to be held on Tuesday, 6 March 2018 at 11:30am in Sydney. A notice of listing for this conference will separately be issued. An agenda for the conference is at Attachment A to this Statement.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR600600>
1 Transcript – Plain language re-drafting – Security Services Industry Award 2010 and Cleaning Services Award 2010 – 8 November 2017
2 Plain language exposure draft – Security Services Industry Award 2017 - published 8 September 2017
3 Revised plain language exposure draft – Security Services Industry Award 2017 – republished 25 January 2018
4 Security Services Industry Award Summary of Submissions – published 31 October 2017
5 Transcript – Plain language re-drafting – Security Services Industry Award 2010 and Cleaning Services Award 2010 – 8 November 2017
6 [2017] FWC 5867 – published 9 November 2017
7 United Voice Submissions – 17 November 2017
8 Australian Business Industrial and NSW Business Chamber Submissions – 20 November 2017
9 Australian Security Industry Association Submissions – 20 November 2017
10 Security Services Industry Award revised Summary of Submissions – republished 25 January 2018
11 Security Services Industry Award revised Summary of Submissions – republished 25 January 2018
12 Revised plain language exposure draft – Security Services Industry Award 2017 – republished 25 January 2018
13 Revised plain language exposure draft – Clerks –Private Sector Award 2017 – republished 1 December 2017
14 [2018] FWC 411 at [18] – published 19 January 2018.
16 Revised plain language exposure draft – Security Services Industry Award 2017 – republished 25 January 2018
17 Revised plain language exposure draft – Clerks –Private Sector Award 2017 – republished 1 December 2017
18 [2018] FWC 411 at [74] – published 19 January 2
Attachment A—Agenda for second conference – Tuesday, 6 March 2018 at 11:30am
1. Provisionally-resolved items – to be confirmed
(a) Proposed amendments included in PLED:
• Clause 4 – coverage (items 5 and 6)
• Clause 10 – part-time employment (amendment as per Clerks also see items 12, 13, 14, 15 and 16 at 2(b) below)
• Clause 11 – casual employment (item 17 and amendment as per Clerks)
• Clause 12 – classifications (item 19)
• Clause 15 – minimum rates (amendments as per Clerks; not assigned an item number)
• Clause 19 – allowances (items 38, 40 and 42)
(b) Proposed amendments listed at Attachment A of the revised Summary of Submissions (not yet included in PLED):
• Clause 13 – ordinary hours of work and rostering (items 24, 26 and 27))
• Clause 14 – breaks (item 29)
• Clause 17 – payment of wages (item 35)
• Clause 21.3 – overtime (items 43, 44, 45 and 46)
2. Outstanding items for further discussion at conference:
(a) Clause 2 – Definitions re definition of a shiftworker (item 3, see also item 51)
• Inclusion of new definition of “shiftworker” (definition proposed to be included at clause 23.2—Additional paid annual leave for certain shiftworkers)
(b) Clause 10 – Part-time employment (items 12, 13, 14, 15 and 16)
• Reference in 10.3 and 10.4 to pro-rata entitlements and proportionate payments
• Whether 10.5 and 10.6 restricts employers from engaging part-time employees on a roster cycle
• Inclusion in 10.9 of current award wording relating to part-time employee payments and reference to actual amount payable in clause 15
(c) Clause 12.1 – classifications (item 18)
• Inclusion of additional wording
(d) Clause 19.5 – supervision allowance (Item 39)
• Whether allowance should be expressed as ‘per shift’ as well as ‘per week’
(e) Clause 19.6 –relieving officer allowance (item 39)
• Response to FWC question to parties re a weekly allowance payable for an appointment at short notice
(f) Clause 22 – penalty rates (items 48 and 49)
• Insertion of additional wording in 22.2 regarding casual loading
• Clarify wording in 22.2 regarding applicable rates
3. Outstanding items to be determined by the Full Bench with regard to submissions already made:
(a) Clause 14 – breaks (items 30 and 32)
(b) Clause 15 – minimum rates (item 33)
(c) Clause 19.1 – allowances (item 37)
(d) Clause 23 – annual leave (item 56)