DECISION

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

4 yearly review of modern awards—Payment of wages—Aluminium Industry Award 2010
(AM2016/8)

4 yearly review of modern awards – common issue – payment of wages – payments on termination of employment.

[1] This decision deals with the variation of the Aluminium Industry Award 2010 (the Aluminium Award) to insert the payments on termination model term.

[2] In a submission dated 23 August 2018, Australian Industry Group (Ai Group) set out a proposed variation to the model term to be inserted into the Aluminium Award. 1 Ai Group’s submission in support of the proposed clause did not advance any merit argument, other than noting that the proposal arose out of ‘productive discussions’ with the Australian Workers’ Union. In a decision2 issued on 26 July 2019 we stated that merit submissions were required to enable us to properly consider the variation proposed and that:

‘In the event that Ai Group and the AWU wish to press the proposed variation they are to file written submissions (and any evidence relied upon) addressing the merits of their proposal (including the matters set out above) by no later than 4:00 pm on 21 August 2019. This matter will be determined on the papers unless an interested party requests an oral hearing by 4:00 pm on 21 August 2019.’ 3

[3] No submissions were filed by the time prescribed. In a decision 4 issued on 23 August 2019 we stated our intention to proceed on the basis that the proposed variation is not being pressed and that if no contrary submissions were received by 2pm on Friday 30 August 2019 we would vary the Aluminium Award to insert the model term. No submissions were filed by the time prescribed.

[4] Accordingly, the Aluminium Award will be varied to insert the payment of wages on termination model term. 5 A determination has been issued separately in PR712609.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR712602>

 1   Ai Group submission, 23 August 2018

 2   [2019] FWCFB 5146

 3   Ibid at [20]

 4   [2019] FWCFB 5868 at [6]

 5   Model term set out in [2019] FWCFB 5146 at [2]