DECISION

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

4 Yearly Review of Modern Awards—Seagoing Industry Award 2010, Ports, Harbours and Enclosed Water Vessels Award 2010, Marine Towage Award 2010
(AM2016/5)

4 yearly review of modern awards – Seagoing Industry Award 2010, Ports, Harbours and Enclosed Water Vessels Award 2010, Marine Towage Award 2010

[1] On 24 December 2019 we published a decision together with final draft determinations 1 which sought to resolve an long-running issue concerning the interaction of the coverage provisions of the Seagoing Industry Award 2010 (Seagoing Award), the Ports, Harbours and Enclosed Water Vessels Award 2010 (Ports Award) and the Marine Towage Award 2010 (Marine Towage Award). In the decision we provided interested parties with a “final opportunity” to comment upon these draft determinations by 31 January 2020.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) filed a submission on 7 February 2020, having obtained an extension of time to do so. This was the only submission filed. The CFMMEU’s submission did not comment upon the draft determinations but rather raised a wholly new issue concerning the interaction between the coverage of the Ports Award and the Marine Tourism and Charter Vessels Award 2010 (Marine Tourism Award). Its submissions contained a proposed variation to clause 4 of the Marine Tourism Award.

[3] As no issue has been taken with the draft determinations published with our 24 December 2019 decision, we will proceed to vary the Seagoing Award, the Ports Award and the Marine Towage Award consistent with those draft determinations. The variations will take effect on 1 May 2020. Final variation determinations are published in conjunction with this decision.

[4] We do not propose to deal with the CFMMEU’s submission concerning the Marine Tourism Award, which as stated raises an issue not raised before in this proceeding and concerns an award that is beyond the remit of this Full Bench. If the CFMMEU wishes to pursue this issue further, it should file an application to vary the Marine Tourism Award.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWCFB 8721