[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
Graphic Arts 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