[2018] FWC 7869 |
FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards–Award stage–Substantive Issues
(AM2014/1 and others)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 24 DECEMBER 2018 |
4 yearly review of modern awards – award stage – substantive issues. .
[1] This Statement deals with substantive claims made as part of the 4 yearly review.
[2] At the commencement of the review of each group of awards, parties were provided the opportunity to raise issues in relation to each award. Where an issue was more complex or parties were seeking a substantive change to current entitlements, it was referred to a separate Full Bench to hear evidence as to why a change is necessary for the award to meet the modern awards objective.
[3] In total, 62 full benches have been constituted to hear and determine substantive issues arising in respect of modern awards. 32 of these Full Benches have been heard and determined, 7 have reserved their decision and 23 are part heard or have not yet commenced. The awards that are the subject of these Full Bench matters are dealt with below.
Completed matters
[4] The 32 Full Bench matters that have been heard and determined are:
Matter number |
Award title |
AM2014/1 |
Alleged inconsistencies in the Seagoing Industry Award 2010 |
AM2014/67 |
Black Coal Mining Industry Award 2010 |
AM2014/70 |
Concrete Products Award 2010 |
AM2014/78 |
Meat Industry Award 2010 |
AM2014/89 |
Security Services Industry Award 2010 |
AM2014/90 |
Stevedoring Industry Award 2010 |
AM2014/91 |
Textile, Clothing, Footwear and Associated Industries Award 2010 |
AM2014/92 |
Timber Industry Award 2010 |
AM2014/202 |
Fire Fighting Industry Award 2010 |
AM2014/239 and AM2015/23 |
Pastoral Award 2010 |
AM2014/244 |
Silviculture Award 2010 |
AM2015/6 1 |
Higher Education Group of Awards: Higher Education Industry – Academic Staff – Award 2010 Higher Education Industry – General Staff – Award 2010 |
AM2015/9 |
Electrical Licence Allowance: Manufacturing and Associated Industries and Occupations Award 2010 Electrical Power Industry Award 2010 |
AM2016/4 |
Broadcasting, Recorded Entertainment ad Cinemas Award 2010 |
AM2016/6 2 |
Real Estate Industry Award 2010 |
AM2016/7 |
Wine Industry Award 2010 |
AM2016/10 |
Gas Industry Award 2010 |
AM2016/23 3 |
Construction group of awards: Building and Construction General On-site Award 2010 Joinery and Building Trades Award 2010 Mobile Crane Hiring Award 2010 Plumbing and Fire Sprinklers Award 2010 |
AM2016/24 |
Social, Community, Home Care and Disability Services Industry Award 2010 |
AM2016/25 |
Horticulture Award 2010 |
AM2016/26 |
Rail Industry Award 2010 |
AM2016/28 4 |
Pharmacy Industry Award 2010 |
AM2016/29 |
Animal Care and Veterinary Services Award 2010 |
AM2016/30 |
Alpine Resorts Award 2010 |
AM2016/31 5 |
Health Professionals and Support Services Award 2010 Nurses Award 2010 |
AM2016/32 |
Road Transport (Long Distance Operations) Award 2010 Road Transport and Distribution Award 2010 |
AM2017/52 |
Fitness Industry Award 2010 |
AM2017/53 |
Legal Services Award 2010 |
AM2017/57 6 |
Restaurant Industry Award 2010 |
AM2017/58 7 |
Professional Diving Industry (Industrial) Award 2010 |
AM2017/59 8 |
Hospitality Industry (General) Award 2010 |
[5] The 7 Full Bench matters that have been heard and reserved for decision are:
Matter number |
Award title |
AM2014/286 |
Supported Employment Services Award 2010 |
AM2016/3 |
Proposed Helicopter Award |
AM2016/14 |
Training costs: Manufacturing and Associated Industries Award 2010
Food, Beverage and Tobacco Manufacturing Award 2010 |
AM2016/33 |
Graphic Arts, Printing and Publishing Award 2010 |
AM2017/49 |
Fast Food Industry Award 2010 |
AM2017/50 |
Hair and Beauty Industry Award 2010 |
AM2017/56 |
Sugar Industry Award 2010 |
[6] The 23 Full Bench matters that are part heard (or have not yet commenced) are:
Matter number |
Award title |
AM2014/93 |
Vehicle Manufacturing, Repair, Services and Retail Award 2010 |
AM2017/60 |
General Retail Industry Award 2010 |
AM2018/10 |
Gas Industry Award 2010 |
AM2018/12 |
Aboriginal Community Controlled Health Services Award 2010 |
AM2018/13 |
Aged Care Award 2010 |
AM2018/14 |
Air Pilots Award 2010 |
AM2018/15 |
Airline Operations – Ground Staff Award 2010 |
AM2018/16 |
Architects Award 2010 |
AM2018/17 |
Broadcasting, Recorded Entertainment and Cinemas Award 2010 |
AM2018/18 |
Children’s Services Award 2010 |
AM2018/19 |
Dry Cleaning and Laundry Industry Award 2010 |
AM2018/20 |
Educational Services (Teachers) Award 2010 |
AM2018/21 |
Electrical, Electronic and Communications Contracting Award 2010 |
AM2018/22 |
Food, Beverage and Tobacco Manufacturing Award 2010 |
AM2018/23 |
Funeral Industry Award 2010 |
AM2018/24 |
Journalists and Published Media Award 2010 |
AM2018/25 |
Plumbing and Fire Sprinklers Award 2010 |
AM2018/26 |
Social, Community, Home Care and Disability Services Award 2010 |
N/A |
Pest Control Industry Award 2010
|
N/A |
Professional Employees Award 2010 |
N/A |
Water Industry Award 2010 |
N/A |
Amusement, Events and Recreation Award 2010 |
N/A |
Live Performance Award 2010 |
[7] In relation to the Full Benches that are part heard (or have not yet commenced), a provisional timetable for 2019 is attached to this Statement (see Attachment A). This provisional timetable includes other major cases, such as the Annual Wage Review and the Equal Remuneration Case, that will be listed for hearings during 2019 and involve significant resourcing for a number of parties involved in the Review. The timetable does not capture every matter that will be listed in 2019.
[8] The following matters have been identified in the timetable as ‘not to be heard before 1 July 2019’:
• Amusement, Events and Recreation Award 2010
• Broadcasting, Recorded Entertainment and Cinemas Award 2010
• Dry Cleaning and Laundry Industry Award 2010
• Fire Fighting Industry Award 2010
• Food, Beverage and Tobacco Manufacturing Award 2010
• Health Professionals and Support Services Award 2010 and Horse and Greyhound Training Award 2010
• Journalists and Published Media Award 2010
• Live Performance Award 2010
• Pest Control Industry Award 2010
• Plumbing and Fire Sprinklers Award 2010
• Professional Employees Award 2010
• Water Industry Award 2010
[9] Programming mentions will be scheduled prior to the directions being issued in any of the above matters.
[10] Interested parties are provided an opportunity to comment in writing on the provisional timetable attached to this Statement by no later than 4.00 pm on Friday 18 January 2019.
[11] The timetable will be finalised and published, having regard to the submissions received.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR703534>
ATTACHMENT A
Link to provisional 2019 timetable
1 A number of decisions in this matter have been issued
2 Parties in this matter have been requested to file further submissions
3 Determinations in this matter are being finalised, and parties have been requested to file further submissions
4 Parties in this matter have been requested to file further submissions
5 Parties in this matter have been requested to file further submissions
6 Parties in this matter have been requested to file further submissions
7 Determinations in this matter are being finalised
8 Parties in this matter have been requested to file further submissions