STATEMENT

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

4 yearly review of modern awards – plain language project – annual leave loading terms – ambiguity
(AM2016/15)

4 yearly review of modern awards – plain language project – terminology of rates – annual leave loading terms – ambiguity – result of conference

Introduction

[1] On 13 December 2019 a statement 1 was issued concerning 11 awards in Tranche 1 that may contain an ambiguity arising from the interaction between terms in modern awards that deal with annual leave loading and terms that provide for shift and weekend rates. These 11 awards are:

•  Animal Care and Veterinary Services Award

•  Banking, Finance and Insurance Award

•  Car Parking Award

•  Cement, Lime and Quarrying Award

•  Coal Export Terminals Award

•  Electrical Power Industry Award

•  Legal Services Award

•  Medical Practitioners Award

•  Pharmacy Industry Award 2

•  Premixed Concrete Award

•  Seafood Processing Award

[2] A conference 3 was held on 19 December 2019 in respect of these awards. In the course of the conference it became clear apparent that there was no consensus as to how any ambiguity was to be addressed; though it is generally accepted that an award by award approach is appropriate.

[3] In these circumstances parties are invited to make an application to vary any of the awards in which the interaction of an annual leave loading term with terms that provide for shift and weekend rates may give rise to ambiguity or uncertainty.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWC 8468

 2   This award is subject to issues raised by the PGA regarding the Plain Language draft and is outstanding from Tranche 1, see Decision [2019] FWCFB 7854 at [2].

 3   Transcript of Proceedings, 19 December 2019