| [2019] FWCFB 6572 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards–Plain Language–Standard Clauses
(AM2016/15)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 25 SEPTEMBER 2019 |
4 yearly review of modern awards – Plain language – standard clauses – Award specific matters.
[1] This decision deals with some outstanding issues in respect of the insertion of plain language standard clauses in the following awards:
• Dredging Industry Award 2010 (Dredging Award)
• Dry Cleaning Industry Award 2010 (Dry Cleaning Award)
• Maritime Offshore Oil and Gas Award 2010 (Offshore Oil and Gas Award)
• Mobile Crane Hiring Award 2010 (Mobile Crane Award)
• Plumbing and Fire Sprinklers Award 2010 (Plumbing Award)
• Real Estate Industry Award 2010 (Real Estate Award)
• Seagoing Industry Award 2010 (Seagoing Award).
[2] In a decision issued on 16 April 2019 1 (the April 2019 decision) we confirmed that the industry-specific redundancy schemes in these three modern awards would not be replaced by the plain language standard redundancy clause. Draft variation determinations published on 13 December 20182 also included the following standard clauses:
• Individual flexibility arrangements
• Consultation about major workplace change
• Consultation about changes to rosters or hours of work
• Dispute resolution
• Termination of employment
[3] No submissions were received in response to the draft determinations. We confirm that variation determinations will now be issued in the same terms as the draft determinations issued on 13 December 2018.
[4] A draft determination was published on 13 December 2018. A submission filed by the CFMMEU-Manufacturing Division on 11 February 2019 supported the draft determination. 3 No other submissions were received.
[5] On 18 April 2019 a final determination was issued which varied the Dry Cleaning Award to include the standard redundancy term. A further variation determination will now be issued giving effect to the balance of the draft determination issued on 13 December 2018, which included the other standard clauses.
[6] In a decision issued on 20 August 2019 4 we confirmed our provisional view that the job search entitlement provision in the standard redundancy term should not be inserted into the Offshore Oil and Gas Award and the Seagoing Award, as these awards do not currently contain such a provision.
[7] We note that a job search entitlement provision was inserted into both of these awards as part of the termination of employment standard clause. Prior to the insertion of the termination of employment standard clause neither of these awards had a job search entitlement provision as part of the termination of employment clause. For the reasons given in respect of the standard redundancy term it is our provisional view that the job search entitlement provision should be removed from the termination of employment clauses in the Offshore Oil and Gas Award and the Seagoing Award. The relevant provision is at clause 11.2 and 11.3 of both awards.
[8] Any interested party who opposes our provisional view is invited to comment by no later than 4pm on Friday 4 October 2019. If no submission is filed opposing our provisional view we will issue variation determinations deleting clauses 11.2 and 11.3 from each award.
[9] In a decision issued on 11 December 2018 5, we proposed (at [131]) to vary the Real Estate Award in the terms sought by the parties. A draft determination was issued on 13 December 2018.
[10] No submissions were received in response to the draft determination.
[11] On 18 April 2019 a final determination was issued varying the Real Estate Award to include the standard redundancy term. A further variation determination will now be issued giving effect to the balance of the draft determination published on 13 December 2018.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
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2 Schedule of draft determinations
3 CFMMEU-Manufacturing division submission 11 February 2019