| [2020] FWC 2302 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 4 MAY 2020 |
4 yearly review of modern awards – finalisation of exposure drafts – Clerks-Private Sector Award 2010.
[1] This Statement deals with the finalisation of the Exposure Draft and variation determination for the Clerks—Private Sector Award 2010 (Clerks Award).
[2] On 12 February 2020, the Annualised Wage Arrangements Full Bench issued a determination varying the Clerks Award to include a new annualised wage arrangement term.
[3] A revised Exposure Draft and draft variation determination for the Clerks Award were published on 21 February 2020. 1 The revised documents incorporated variations made by the Annualised Wage Arrangements Full Bench2 at clause 18 and interested parties were invited to comment.
[4] The Australian Industry Group (Ai Group) filed a submission on 2 March 2020 which stated that:
‘clause 18.1(a) should provide for an annualised wage arrangement to encompass penalties applicable when an employee is required to work through a meal break (clause 15.4). These are appropriately considered to be ‘Overtime penalty rates’, as referred to in clause X.1(a)(iii).’
[5] A decision 3 issued by the Finalisation Full Bench on 23 March 2020, noted that a conference would be convened to discuss the issue raised by Ai Group. The conference was convened before me on 30 April 2020 and was attended by representatives from Ai Group, ABI and the ASU. The transcript of the conference is available here.
[6] As discussed at the conference, the matter raised by Ai Group at [4] above, has already been raised with the Annualised Wage Arrangements Full Bench. In these circumstances I propose to refer this issue to the Presiding Member of the Annualised Wage Arrangements Full Bench for determination.
PRESIDENT
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