| [2018] FWC 868 |
| 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 – Hospitality Industry (General) Award 2010
(AM2016/15, AM2014/272)
JUSTICE ROSS, PRESIDENT |
SYDNEY, 8 FEBRUARY 2018 |
4 yearly review of modern awards – plain language project – Hospitality Industry (General) Award 2010 – plain language re-drafting of award-specific clauses.
[1] In the January Statement 1 the Full Bench informed parties that the outstanding issues would be addressed over two conferences on 12 and 23 February 2018.
[2] Items 12, 14, 15, 17, 19, 29, 30, 33 (in part), 34, 35, 39, 41, 43, 46, 48, 49, 56, 59, 60, 62, 63, 65, 67A, 68 (in part), 69, 71, 73, 77, 84, 85, 86, 90 (in part), and 93 of the Summary of Submissions 2 published on 15 December 2017 remain outstanding.
[3] The following issues will be discussed at the first conference on 12 February 2018:
• apprentice wage rates (items 39, 41 and 43);
• payment of wages (item 46);
• allowances (items 56, 59, 60 and new item 60A);
• annual leave (items 67A, 68 and 69);
• deductions (item 71);
• classification structure (items 73 and 77);
• summary of hourly rates of pay (items 84, 85 and 86);
• summary of monetary allowances (item 90); and
• school-based apprentices (item 93).
[4] The following issues will be discussed at the second conference on 23 February 2018:
• part-time employment (item 12);
• casual employment (items 14, 15, 17 and 19);
• hours of work (items 29 and 30);
• breaks (items 33, 34 and 35);
• overtime (items 62, 63 and 65);
• amendments arising from the part-time and casual employment full bench determination (PR598473) (items PTC 1 to PTC 6); and
• amended wording resulting from other Full Bench proceedings (new item 110).
[5] Agendas for the conferences are set out at Attachment A and Attachment B to this Statement.
[6] A summary of outstanding issues for the first conference can be accessed here and a summary of outstanding issues for the second conference can be accessed here. These documents group submissions, drafting comments and refer to transcript. The summaries also include marked up drafting changes made as a result of the Decision of the Casual and Part-time Employment common issue Full Bench issued on 5 July 2017. 3
Next steps
[7] Interested parties should review the summary documents published with this Statement.
PRESIDENT
1. Apprentice wage rates (items 39, 41 and 43);
• inclusion of a formula to calculate part-time apprentice hourly rates or clarification that the rates contained in the clause are the rates payable to a full-time apprentice at clauses 19.1, 19.2 and 19.5;
• inclusion of the words “as a qualified tradesperson” in clause 19.1(b) after the word “apprenticeship” for consistency with clause 19.2(b); and
• significant re-wording of clauses 19.3 and 19.4 and its effect on the intention and the interpretation of the clause.
2. Payment of wages (item 46);
• retention of the words “if they so desire” in the PLED.
3. Allowances (items 56, 59, 60 and new item 60A);
• whether clause 26.10(c) in the PLED is a term that is permitted in a modern award under section 136 of the Fair Work Act 2009 (Cth);
• wording of clause 26 to reflect the current award and the inclusion of the allowances an all-purpose allowance; and
• whether the fork-lift allowance should be expressed as on an hourly basis.
4. Annual leave (items 67A, 68 and 69);
• the definition of shiftworker;
• retention of the words ‘at or’ in clause 30.5(a) of the PLED; and
• use of the terms ‘unpaid leave’ and ‘leave without pay’.
5. Deductions (item 71);
• whether deductions for provision of employee meal should be expressed as per meal or per week.
6. Classification structure (items 73 and 77);
• inclusion of wage level for each classification in brackets after the classification title; and
• deletion of ‘or who has the appropriate level of training’ from Schedule A.2.2(f), (g) and (h).
7. Summary of hourly rates of pay (items 84, 85 and 86);
• inclusion of the ‘ordinary hourly rate’ definition in the current award;
• drafting of ‘Note 1’ in Schedule B.1.1 of the PLED; and
• inclusion of the word ‘general’ in the term ‘general employees’.
8. Summary of monetary allowances (item 90);
• drafting of the Note in Schedule C.3 of the PLED.
9. School-based apprentices (item 93);
• inclusion of the wording of Schedule G.12 of the current award at Schedule D of the PLED.
1. Part-time employment (item 12, PTC 1);
• amendments made as a result of [2017] FWFB 3541 and PR5984733.
2. Casual employment (items 14, 15, 17 and 19, PTC 2);
• amendments as a result of [2017] FWFB 3541, PR5984733 and the Clerks PLED published on 1 December 2017.
3. Hours of work (items 29 and 30, PTC 3);
• addition of the words “other than rostered days off” in clause 15.2(i); and
• definition of the word “remote location” in clause 15.2.
4. Breaks (items 33, 34 and 35);
• inclusion of clause 31 of the current award;
• inclusion of the wording at clause 16 of the current award; and
• inclusion of the qualifying words at clauses 31.1 and 31.2 of the PLED.
5. Overtime (items 62, and 65, PTC 4 & 5);
• the addition of the word “reasonable” at clause 28.1;
• the substitution of the words “relevant minimum hourly rate” for “ordinary hourly rate” in clause 28.4; and
• amendments made as a result of [2017] FWFB 3541 and PR5984733.
6. Amended wording determined by the Full Bench (new item 110);
• new wording proposed for clause 18.1 and 18.3 as a result of changes made to the Clerks PLED published on 1 December 2017; and
• new wording clause 28 in accordance with PR5984733.
7. New wording proposed for 34.4 in accordance with PR5984733 (PTC 6).
2 Hospitality Summary of Submissions – published 15 December 2017
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