DECISION

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

4 yearly review of modern awards – National Training Wage – Award-Specific Schedules
(AM2016/15; AM2016/17)

4 yearly review of modern awards – National Training Wage – award-specific schedules – Joinery and Building Trades Award 2010 – Mobile Crane Hiring Award 2010.

1. Background

[1] This decision deals with the National Training Wage (NTW) Schedules in the Joinery and Building Trades Award 2010 (Joinery Award) and the Mobile Crane Hiring Award 2010 (Mobile Crane Award).

[2] A Statement 1 published on 6 July 2016 noted that 103 out of the 122 of the modern awards of general application, as well as 15 enterprise and State reference public sector modern awards, contained the National Training Wage Schedule (the NTW Schedule). The NTW Schedule runs over 8 pages and there were only minor variations between the NTW Schedules in the various awards. In order to reduce award length and complexity, the following changes were proposed:

(i) standardising the NTW Schedule; and

(ii) removing the NTW Schedule from all modern awards, save for the Miscellaneous Award 2020 (Miscellaneous Award), and incorporating the NTW Schedule by reference into the other modern awards that currently contain the Schedule in full.

[3] In response to the July 2016 Statement, the AMWU and CFMMEU proposed that the NTW should be relevant and appropriate to the work covered by the particular award. Among the awards the AMWU and CFMMEU identified as requiring a NTW Schedule, albeit in a modified form, were the Joinery Award and the Mobile Crane Award.

[4] In a Statement 2 published on 23 February 2017, we expressed the provisional view that:

‘where parties have requested that the NTW schedule be tailored to a particular modern award that this should occur. A tailored version of the NTW schedule will be inserted in the awards listed above adopting the proposed plain language provisions where appropriate. Parties with an interest in those awards should file submissions setting out how the draft schedules should be tailored.’ 3

[5] In our decision 4 of 9 June 2017 we confirmed that award-specific NTW schedules would be maintained in 9 modern awards (including the Joinery Award and the Mobile Crane Award).5

[6] In a decision 6 of 15 August 2017 we finalised the NTW Schedule and the Miscellaneous Award NTW Schedule was varied7 in September 2018.

[7] Draft award-specific NTW Schedules were annexed to a Statement of 28 August 2017. 8 Interested parties were invited to file submissions in relation to the draft award-specific NTW Schedules.9

[8] Submissions in relation to the Joinery Award were received from:

•  CFMMEU (8 September 2017);

•  Housing Industry Association Limited (HIA) (8 September 2017); and

•  Master Builders Australia (MBA) (8 September 2017).

[9] Submissions in relation to the Mobile Crane Award were received from:

•  CFMMEU (8 September 2017); and

•  Australian Industry Group (Ai Group) (8 September 2017).

[10] A conference was held on 23 August 2019 (August 2019 Conference) at which parties were requested to prepare a joint report as to the agreed and disputed matters including draft consent directions, if necessary, as to how the outstanding matters in relation to the Joinery and Mobile Crane Awards should be resolved. 10

[11] The following Submissions were received after the August 2019 Conference:

•  CFMMEU (15 November 2019);

•  HIA (22 November 2019); and

•  MBA (22 November 2019).

[12] The CFMMEU provided draft award-specific NTW Schedules for both Awards. The CFMMEU submitted that it was not possible for all the parties to agree on a report to present to the Full Bench and provided a Report which was agreed to by Ai Group but not by HIA or MBA. 11

[13] On 19 December 2019 12 we issued the following amended directions in relation to the determination of the CFMMEU’s proposed schedules:

‘1. Any party seeking the inclusion of an award specific NTW Schedule for the Joinery Building Trades Award 2010 and Mobile Crane Award 2010, shall file submissions and any evidence upon which they wish to rely by 4:00 pm Tuesday 4 February 2020.

2. Any submissions in reply including any evidentiary material are to be filed by 4:00 pm Tuesday 3 March 2020.

3. All submissions and evidence shall be sent by email to [email protected]

4. The parties are granted liberty to apply to vary these directions.

Note: All parties must file new submissions in accordance with the above directions (parties may refer to previous submissions and rely on them, but absent a submission in accordance with these directions we will not be having regard to any previous submissions).’

[14] Submissions were received from:

•  CFMMEU (4 February 2020);

•  Ai Group (24 February 2020);

•  HIA (3 March 2020); and

•  MBA (3 March 2020).

CFMMEU

[15] The CFMMEU submitted the NTW Schedules in the Joinery and Mobile Crane Awards should be varied, so they are award-specific, by deleting unnecessary references to wage rates and training packages that are not relevant or have no application. 13 It is submitted that many of the training packages referenced in the Schedules do not apply to the employers and employees covered by the awards and that those references and the applicable award rates should be removed.14

[16] The CFMMEU filed draft determinations reflecting its proposed NTW Schedules in respect of both awards.

[17] The CFMMEU submitted that only the following training packages are relevant:

•  Construction, Plumbing and Services (Wage Level A);

•  Manufacturing (Wage Level A);

•  Manufacturing and Engineering (Wage Level A);

•  Transport and Logistics (Wage Level B);

•  Furnishing (Wage Level B);

•  Forest and Wood/Forest Products (Wage Level B); and

•  Sustainability. 15

[18] The CFMMEU submitted that the Joinery Award contains no training packages relevant to wage level C, so it has no work to do. It follows that the clause allocating training packages to wage level C and all references to wage level C should be deleted. 16 The CFMMEU also submitted the ‘Printing and Graphic Arts’ training package should be removed from Wage Level B as it is not relevant to signwriters.

[19] As to the Mobile Crane Award, and having regard to the coverage clause and classification structure of that award, the CFMMEU submitted the only training packages that apply are:

•  Construction, Plumbing and Services Integrated Framework (Wage Level A); and

•  Transport and Logistics (Wage Level B).

[20] The CFMMEU submitted that the Mobile Crane Award contains no training packages relevant to wage level C so, again, it has no work to do. The CFMMEU submits the clause allocating training packages to wage level C and all references to wage level C should be deleted.

[21] The CFMMEU filed 4 witness statements in support of its proposed variations.

Stuart Maxwell

[22] Mr Maxwell is the Senior National Industrial Officer at the CFMMEU and has been employed by the CFMMEU and its predecessors since 1990. 17 Mr Maxwell has participated in the development of training packages, advocated in modern award review proceedings and is currently the Chairperson of the Construction, Plumbing and Services Industry Reference Committee.

[23] Mr Maxwell gave evidence that the training for the classifications and occupations in the Joinery Award and the qualifications relevant to them are mainly covered by the Construction, Plumbing and Services Training Package and that the following training packages are also applicable:

•  Furnishing;

•  Manufacturing;

•  Manufacturing and Engineering;

•  Metal and Engineering;

•  Transport and Logistics; and

•  Forest and Wood Products.

[24] In relation to the Mobile Crane Award, Mr Maxwell gave evidence that the Construction, Plumbing and Services Training Package is applicable.

Ian Curry

[25] Mr Curry is employed by the Australian Manufacturing Workers’ Union (AMWU) as the National Coordinator – Skills, Training & Apprenticeships and has held that position for 18 years. 18 One of Mr Curry’s responsibilities is coordination of the AMWU’s engagement with the National Training Package development process.

[26] Mr Curry gave evidence that some of the training and qualifications relevant to the classifications covered by the Joinery Award are covered by the Manufacturing & Engineering MEM05, MEM and the Sustainability Training Package MSS.

Yvette Nash

[27] Ms Nash is employed by ForestWorks as the General Manager and has held that position for 5 months. 19 ForestWorks is contracted by SkillsImpact to develop the Forest and Wood Products Training Package, and by State governments to provide skills and training development in related industries. Ms Nash gave evidence that the Forest and Wood Products Training Package covers the following qualifications that relate to work performed under the Joinery Award:

•  FWP31119 Certificate III in Wood Machining;

•  FWP20516 Certificate II in Timber Manufactured Products; and

•  FWP30516 Certificate III in Timber Manufactured Products

Barry Kearney

[28] Mr Kearney is employed by the CFMMEU – Education and Training Unit as the High Risk Work Trainer and has worked in that Unit for 20 years. 20 Mr Kearney has worked in the building and construction industry for 30 years. Mr Kearney’s duties are to train workers to meet the relevant requirements of competency units and qualifications associated with high risk work. Mr Kearney gave evidence that the training packages relevant to the mobile crane hiring industry are the Transport and Logistics Package and the Construction, Plumbing and Services Training Package.

[29] The CFMMEU submitted its proposed variations are consistent with the modern awards objective in that they will:

•  help new trainees understand their entitlements (s.134(1)(c));

•  reduce the need for employers to seek external assistance to determine which training packages and wage rates apply (s.134(1)(f)); and

•  provide clarity and make the awards easier to understand (s.134(1)(g)).

[30] The CFMMEU submitted the other s.134(1) considerations are neutral.

[31] In a Decision issued on 20 January 2017 relating to the plain language re-draft of the Pharmacy Award, we noted that:

‘The objective of the plain language project is to remove ambiguity, promote certainty and make awards simpler and easier to understand, consistent with the statutory direction to take into account the ‘need to ensure a simple, easy to understand, stable and sustainable modern award system’ (s.134(1)(g) of the FW Act). An objective of the plain language project is to avoid future disputation by providing clarity about the rights and responsibilities of those covered by modern awards.’ 21

[32] The CFMMEU contended that the proposed variations meet the objectives of the plain language re-drafting project. Removing irrelevant training packages and wage rates would make it easier for users to read and understand the award provisions that do apply.

Ai Group

[33] Ai Group advised 22 the Commission that its position in relation to the variations sought by the CFMMEU had not changed from that set out at paragraphs [8] – [12] of the CFMMEU’s Report23 filed on 14 November 2019 as follows:

‘Response from the Ai Group

8. On 1st November 2019 the Ai Group replied to the CFMMEU C&G stating that:

“Ai Group’s preferred position is that there not be an industry-specific NTW schedule in the relevant awards. That said, we are not strongly opposed to the idea of industry specific NTW schedules provided that the content is agreed. As you are aware, Ai Group recently reached agreement with the AMWU on industry specific NTW schedules for a number of awards, including the Manufacturing Award. The agreed approach was to adopt the same alignment between particular qualifications and wage levels as those in the Miscellaneous Award, and to simply delete qualifications that are not relevant to the employers and employees covered by each award. Is a similar approach acceptable to the CFMMEU?”

9. The CFMMEU C&G responded to the Ai Group that it was agreeable to that approach and also the deletion of wage levels that were not relevant.

10. If the Commission were to decide to adopt a tailored schedule for the awards then from the above response it would appear that the CFMMEU C&G and Ai Group would be able to reach a consent position.

How the Matter Should Proceed

11. The CFMMEU C&G and Ai Group suggest that the threshold issue, of whether or not the awards have a tailored schedule, be determined first.

12. Once this matter is determined, if the Commission is supportive of tailored schedules then the CFMMEU C&G and Ai Group, at least, should be able to quickly agree on appropriate tailored schedules for each of the awards, or if the Commission is not supportive then the standard clause referring to the Miscellaneous Award can be inserted.’ (Emphasis added)

[34] In respect of the ‘threshold issue, of whether or not the awards have a tailored schedule’, we would observe that this issue has already been determined. As mentioned earlier, in the February 2017 Statement we expressed the provisional view that ‘where parties have requested that the NTW Schedule be tailored to a particular award that this should occur’. 24 We confirmed that provisional view in our decision of 9 June 2017.25

HIA

[35] The HIA submitted the current NTW Schedule in the Joinery Award should remain unchanged. 26

[36] The HIA submitted there is ambiguity in which training packages apply to the Joinery Award. Therefore, the CFMMEU’s submission that some packages are not relevant or do not apply is unpersuasive. The removal of any packages should be done so with certainty and supported by evidence. The HIA further submitted the witness evidence filed by the CFMMEU should be given little weight because it is based on opinion rather than fact. 27

MBA

[37] The MBA disagreed with the CFMMEU’s submission that its suggested training packages are the only packages that will ever apply to the award. It is concerned that limiting the applicable training packages would have a detrimental impact on the industry’s evolving training needs, particularly in relation to technology, work practices, products and methodology. The MBA also disagrees with the CFMMEU’s proposal to delete references to wage level C. It submits the proposal assumes that there will never be a training package applicable to the Joinery Award and further restricts the training system’s ability to evolve and be flexible in response to requirements.

[38] The MBA submitted the CFMMEU had not met the threshold required for significant changes to a modern award, as set out in the 4 yearly review of modern awards: Preliminary Jurisdictional Issues Decision. 28

[39] The MBA submitted the CFMMEU’s proposed variations are not supported by evidence other than a ‘collective opinion’ and should be rejected. 29

2. The May 2020 Decision

[40] In a Decision 30 issued on 21 May 2020 we confirmed that the Joinery Award and the Mobile Crane Award would contain tailored NTW Schedules and noted the only remaining issue for determination is the content of the NTW Schedules in each of those awards. We went on to issue the following directions:

‘Any further submissions in respect of the content of the NTW schedules in the Joinery Award and the Mobile Crane Award are to be filed by 4pm on Friday 29 May 2020.

Any request to cross-examine the witnesses or for an oral hearing generally, is to be filed by 4pm on Friday 29 May 2020.

All documents are to be sent to [email protected]

Absent any request for an oral hearing, we will determine the outstanding issues on the papers.’

[41] Submissions were received from:

•  HIA (28 May 2020);

•  MBA (5 June 2020); and

•  CFMMEU (9 June 2020).

[42] No party requested the opportunity to cross-examine any witness and no party requested an oral hearing.

HIA

[43] The HIA continues to rely on its submissions previously filed. 31 It submits that the current Joinery Award NTW Schedule can remain, unchanged. Alternatively, the HIA does not oppose the NTW Schedule as inserted in the Miscellaneous Award being inserted in full. The HIA reiterates its submission that the CFMMEU has not established by way of evidence that the changes it proposes are required.

MBA

[44] The MBA also continues to rely on its submissions previously filed. 32 The MBA ‘strongly urges’ against the CFMMEU’s proposed variations. It submits that the CFMMEU’s proposed variations would have the effect of ‘limiting the number of packages referenced within the NTW Schedule and inadequately reflects traineeship opportunities available under the various State/Territory training regimes’. The MBA further submits:

‘…Certificate II in Construction Pathways provides a gateway to the primary trades in the Construction industry. The qualification could be delivered as a traineeship and allows for inclusion of skills suited for entry to off-site occupations such has joinery and shopfitting as well as carpentry.

The qualification states that one elective may be chosen from Certificate I or II qualifications or another current Training Package or accredited course, provided the integrity of the AQF alignment is ensured, and they contribute to a valid, industry-supported vocational outcome.

In addition, a qualification deemed eligible for a Australian Apprenticeship pathway covers both apprenticeships and traineeships and it is therefore feasible that the Certificate III in Carpentry and Joinery, Certificate III in Joinery and Certificate III Joinery (Stairs) could constitute a Joinery Traineeship.

All three training packages above provide that a maximum of two of the four required elective units may be substituted by selecting relevant units of competency from any Certificate III or IV construction qualification or qualification in another endorsed Training Package. Further, the general electives listed within all three qualifications include units of competency from BSB (Business Services) units, which are not included in the Union’s award-specific schedule.’ 33

[45] Further, the proposal is ‘an incorrect and inadequate reflection of the units which could form part of a Joinery traineeship’. According to the MBA this creates a risk that the Joinery Award would become outdated because it would not provide for the training needs of the building and construction industry.

[46] The MBA submits that its primary position (to remove the NTW Schedule from the Joinery Award and insert a reference to the Miscellaneous Award) would partly address what it states are ‘consistency and flexibility issues raised within a number of Government reports on the vocational education system’. However, the MBA would not oppose replication of the NTW Schedule currently in the Miscellaneous Award in the Joinery Award.

CFMMEU

[47] On 9 June 2020 the CFMMEU filed a submission in reply to the MBA’s submission. The CFMMEU submits the evidence of Mr Maxwell states all qualifications identified by the MBA in the extract at [44] above are not separate training packages, rather they are separate qualifications. Further, the importation of elective units of competency from another training package for use in a qualification does not change the training package that holds the qualification, for example the Certificate III in Joinery that uses units of competency from the Business Services Training Package remains a qualification in the Construction, Plumbing and Services Training Package.

[48] The CFMMEU also submits that there is nothing in its proposed NTW Schedule that would prevent the Schedule from applying to any joinery traineeship developed as part of the Construction, Plumbing and Services Training Package.

[49] No further submissions were received in respect of the Mobile Crane Award.

3. Consideration

[50] As we have mentioned, we have determined that the Joinery Award and the Mobile Crane Award be varied to tailor the NTW Schedules to the circumstances pertaining to each particular award. The only issues remaining concern the content of the award-specific NTW Schedules.

[51] Marked up versions of the current NTW Schedules in each award, showing the variations sought by the CFMMEU, are set out at Attachments and 1 and 2.

[52] There is an outstanding issue in respect of the definition of ‘training package’.

[53] In its submissions filed on 20 September 2019 and 1 October 2019, Ai Group noted the parties had agreed to the following drafting in respect of the definition of ‘training package’:

‘training package means the competency standards and associated assessment guidelines for an AQF certificate leave qualification that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee.’

[54] In the draft determinations filed by the CFMMEU, the definition of ‘training package’ is in the following terms:

‘training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee and placed on the National Training Information Service with the approval of the relevant Ministers, and includes any relevant replacement training package.’

[55] We note that the definition proposed by Ai Group has been adopted in the award-specific schedules in respect of the Airport Employees Award 2020, Airline Operations – Ground Staff Award 2010, Food, Beverage and Tobacco Manufacturing Award 2010, Manufacturing and Associated Industries and Occupations Award 2020 and the Sugar Industry Award 2020.

[56] We also wish to provide the MBA with an opportunity to respond to the CFMMEU reply submissions of 9 June 2020 (see [47] and [48] above).

[57] In our view the most efficient way of dealing with these matters is by holding a short oral hearing. We propose to adopt the following course:

1. A hearing will be held by telephone at 10.30am, Tuesday 28 July 2020.

2. The hearing will be before a single member of this Full Bench. The final decision will be made by the Full Bench after the other Members have had an opportunity to review the transcript of the hearing.

3. The hearing will deal with the following:

•  The definition of ‘training package’;

•  Whether Ai Group opposes the variations sought by the CFMMEU in respect of the Mobile Crane Award;

•  The Joinery Award, in particular MBA’s response to the CFMMEU’s reply submissions; and

•  Any questions the Full Bench has in relation to the submissions put.

4. Parties wishing to participate in the hearing referred to in Direction 1 are to provide the name, direct number and organisation to [email protected] by 12pm Monday 27 July 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR720908>

ATTACHMENT 1

Mobile Crane Hiring Award 2010 – current clause with CFMMEU proposed changes marked up

Schedule C—National Training Wage

C.1 Title

This is the National Training Wage Schedule.

C.12 Definitions

In this schedule:

adult trainee means is a trainee who would qualify for the highest minimum wage in Wage Level A, or B or C if covered by that wage level

approved training, in relation to a trainee, means the training specified in the training contract

Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training

out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c) not include any period during a calendar year in which a year of schooling is completed

relevant Ministers means the Commonwealth, State and Territory Ministers responsible for vocational education and training

relevant State or Territory training authority means a body the bodies in the relevant State or Territory that has power to approve traineeships, which exercise approval powers in relation to traineeships and to register training contracts, under the relevant State or Territory vocational education and training legislation

relevant State or Territory vocational education and training legislation means the following or any successor legislation:

New South Wales: Apprenticeship and Traineeship Act 2001 (NSW);

Victoria: Education and Training Reform Act 2006 (Vic);

South Australia: Training and Skills Development Act 2008 (SA);

Northern Territory: Northern Territory Employment and Training Act 1991 (NT);

Australian Capital Territory: Training and Tertiary Education Act 2003 (ACT);

Tasmania: Vocational Education and Training Act 1994 (Tas);

Queensland: Vocational Education, Training and Employment Act 2000 (WA);

Western Australia: Vocational Education and Training Act 1996 (Qld)

trainee means is an employee undertaking a traineeship under a training contract

traineeship means a system of training that:

(a) which has been approved by the relevant State or Territory training authority;and,

(b) which meets the requirements of a training package developed by the relevant Skills Service Organisation Industry Skills Council and endorsed by the Australian Industry and Skills Committee National Quality Council,; and

(c) which leads to an AQF certificate level qualification

training contract means an agreement for a traineeship made between an employer and an employee that which is registered with the relevant State or Territory training authority

training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory relevant Ministers responsible, for vocational education and training, and includes any relevant replacement training package

wage level A or B, see clause C.4.

year 10 includes any year before Year 10

C.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling; and

(b) include any period during which a trainee repeats, in whole or part, a year of schooling beyond Year 10; and

(c) not include any period during a calendar year after the completion during that year of schooling.

C.23 Coverage

C.23.1 Subject to clauses C.23.2 to C.23.6 of this schedule, this schedule applies to in respect of an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are is allocated to a wage level by clause C.6 Appendix C1 to this schedule or by clause C.4.4.C.5.4 of this schedule.

C.23.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause C.6.Appendix C1 to this schedule.

C.23.3 This schedule does not apply to:

(a) the apprenticeship system; or

(b) qualifications not identified in training packages; or to any training program which applies to the same occupation; and

(c) qualifications in training packages which are not identified as appropriate for a traineeship. achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

C.23.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

C.23.45Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with If this schedule is inconsistent with other provisions of this award relating to traineeships, the other provisions terms and conditions of this award prevail.

C.23.56 At the conclusion of the traineeship, this schedule ceases to apply to the employee. This schedule ceases to apply to an employee at the end of the traineeship.

C.34 Types of Traineeship

The following types of traineeship are available under this schedule:

C.34.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those ordinary hours being approved training; and

C.34.2 A part-time traineeship based on fewer less than 38 ordinary hours per week, with 20% of ordinary hours being approved training provided:

(a) solely on-the-job; or

(b) partly on-the-job and partly off-the-job, or

(c) where training is fully off-the-job.

C.45 Minimum rates wages

C.45.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause C.5.3 of this schedule, tThe minimum rate wages for a full-time trainee undertaking an full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A Wage Level A by clause C.6.1 is the weekly rate specified in Column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I-III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1. Appendix C1 are:

Table 1— Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I-III traineeship)

NOTE: See clause C.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage Level B

Subject to clause C.5.3 of this schedule, t The minimum rate wages for a full-time trainee undertaking an full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B Wage Level B by clause C.6.2 or by clause C.4.4 is the weekly rate specified in Column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I-III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.

Table 2— Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I-III traineeship)

NOTE: See clause C.4.3 for other minimum wage provisions that affect this paragraph.

(c) Wage Level C

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

(d)(c) AQF Certificate Level IV traineeships

(i) Subject to clause C.5.3 of this schedule, tThe minimum rate wages for a full-time trainee undertaking an full-time trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum rate wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8%. to those minimum wages.

(ii) Subject to clause C.5.3 of this schedule, tThe minimum rate wages for a full-time adult trainee undertaking an full-time AQF Certificate Level IV traineeship is the weekly rate specified in Column 2 or 3 of Table 4—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship), according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in Column 1..are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Table 4— Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause C.4.3 for other minimum wage provisions that affect this paragraph.

C.45.2 Minimum hourly rateswages for part-time traineeships

(a) Wage Level A

Subject to clauses C.5.2(f) and C.5.3 of this schedule, tThe minimum hourly rate minimum wages for a part-time trainee undertaking an part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause C.6.1 is the hourly rate specified in Column 2 of Table 3—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I-III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1. Appendix C1 are:

Table 3— Minimum hourly rates for part-time trainees (AQF Certificate Level I-III traineeship)

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause C.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage Level B

Subject to clauses C.5.2(f) and C.5.3 of this schedule, tThe minimum hourly rate minimum wages for a part-time trainee undertaking an part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause C.6.2 or by clause C.4.4 is the hourly rate specified in Column 2 of Table 4—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I-III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1. Appendix C1 are:

Table 4— Minimum hourly rates for part-time trainees (AQF Certificate Level I-III traineeship)

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause C.4.3 for other minimum wage provisions that affect this paragraph.

(c) Wage Level C

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

(d)(c) School-based traineeships

Subject to clauses C.5.2(f) and C.5.3 of this schedule, tThe minimum wages hourly rate for a part-time trainee who works ordinary hours and is undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by clause C.6 or by clause C.4.4 is the hourly rate in Column 1 or 2 of Table 5—Minimum hourly rate for part-time trainees (school-based AWF Certificate Level I-III traineeship) according to the year of schooling of the trainee. Appendix C1 are as follows when the trainee works ordinary hours:

Table 5— Minimum hourly rates for part-time trainees (school-based AQF Certificate Level I-III traineeship)

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause C.4.3 for other minimum wage provisions that affect this paragraph.

(e)(d) AQF Certificate Level IV traineeships

(i) Subject to clauses C.5.2(f) and C.5.3 of this schedule, tThe minimum wages hourly rate for a part-time trainee undertaking an part-time AQF Certificate Level IV traineeship are the minimum hourly rate wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8%. to those minimum wages.

(ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule, tThe minimum wages hourly rate for a part-time an adult trainee undertaking an part-time AQF Certificate Level IV traineeship is the hourly rate in Column 2 or 3 of Table 6—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship), according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in column 1.are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Table 6— Minimum hourly rate for part-time trainees (AQF Certificate Level IV traineeship)

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause C.4.3 for other minimum wage provisions that affect this paragraph.

(f)(e) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, If fewer than 38 (or an average of 38) ordinary hours of work per week is considered full-time at the workplace by the employer, the appropriate hourly minimum rate wage is obtained by multiplying the relevant minimum rate wage in clauses C.45.2(a) to (e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where If the approved training for a part-time traineeship is provided fully wholly off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum rate wage in clauses C.45.2(a) to (e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where If the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses C.45.2(a) to (e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

C.4.3 Other minimum wage provisions

(a) Clause C.4.3 applies despite anything to the contrary in clause C.4.4 or C.3.2.

(b) An employee who was employed by an employer immediately prior to before becoming a trainee with that employer must not suffer a reduction in their minimum rate of pay because wage per week or per hour by virtue of becoming a trainee.

(c) For the purpose of determining whether a trainee has suffered a reduction as mentioned in paragraph (b), Ccasual loadings are towill be disregarded. when determining whether the employee has suffered a reduction in their minimum wage.

(d) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, if where a higher minimum wage is provided for the new AQF certificate level.

C.4.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause C.6 Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

C.5 Employment conditions

C.5.1 A trainee undertaking a school-based traineeship may agree , with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays., provided that where However, if the trainee works on a public holiday then the public holiday provisions of this award apply.

C.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

C.5.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.

C.5.4 Note: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause C.5.2(f)(ii) and not by this clause.

C.5.54 Subject to clause C.2.4, C.3.5 of this schedule, all other terms and conditions of this award appliesy to a trainee in the same way that it applies to an employee who is not a trainee except as otherwise expressly unless specifically provided varied by this schedule.

C.6 Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

C.6.1 Wage Level A

C.6.2 Wage Level B

C1.3 Wage Level C

ATTACHMENT 2

Joinery and Building Trades Award 2010 – current clause with CFMMEU proposed changes marked up

Schedule D—National Training Wage

D.1 Title

This is the National Training Wage Schedule.

D.12 Definitions

In this schedule:

adult trainee means is a trainee who would qualify for the highest minimum wage in Wage Level A, or B or C if covered by that wage level

approved training, in relation to a trainee, means the training specified in the training contract

Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training

out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c) not include any period during a calendar year in which a year of schooling is completed

relevant Ministers means the Commonwealth, State and Territory Ministers responsible for vocational education and training

relevant State or Territory training authority means a body the bodies in the relevant State or Territory that has power to approve traineeships, which exercise approval powers in relation to traineeships and to register training contracts, under the relevant State or Territory vocational education and training legislation

relevant State or Territory vocational education and training legislation means the following or any successor legislation:

New South Wales: Apprenticeship and Traineeship Act 2001 (NSW);

Victoria: Education and Training Reform Act 2006 (Vic);

South Australia: Training and Skills Development Act 2008 (SA);

Northern Territory: Northern Territory Employment and Training Act 1991 (NT);

Australian Capital Territory: Training and Tertiary Education Act 2003 (ACT);

Tasmania: Vocational Education and Training Act 1994 (Tas);

Queensland: Vocational Education, Training and Employment Act 2000 (WA);

Western Australia: Vocational Education and Training Act 1996 (Qld)

trainee means is an employee undertaking a traineeship under a training contract

traineeship means a system of training that:

(a) which has been approved by the relevant State or Territory training authority;and,

(b) which meets the requirements of a training package developed by the relevant Skills Service Organisation Industry Skills Council and endorsed by the Australian Industry and Skills Committee National Quality Council,; and

(c) which leads to an AQF certificate level qualification

training contract means an agreement for a traineeship made between an employer and an employee that which is registered with the relevant State or Territory training authority

training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory relevant Ministers responsible, for vocational education and training, and includes any relevant replacement training package

wage level A or B, see clause C.4.

year 10 includes any year before Year 10

D.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling; and

(b) include any period during which a trainee repeats, in whole or part, a year of schooling beyond Year 10; and

(c) not include any period during a calendar year after the completion during that year of schooling.

D.23 Coverage

D.2.1 Subject to clauses D.23.2 to D.23.56 of this schedule, this schedule applies to in respect of an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are is allocated to a wage level by clause D.6 Appendix D1 to this schedule or by clause D.4.4.D.5.4 of this schedule.

D.2.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause D.6.Appendix D1 to this schedule.

D.2.3 This schedule does not apply to:

(a) the apprenticeship system; or

(b) qualifications not identified in training packages; or to any training program which applies to the same occupation; and

(c) qualifications in training packages which are not identified as appropriate for a traineeship. achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

D.2.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

D.2.4 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with If this schedule is inconsistent with other provisions of this award relating to traineeships, the other provisions terms and conditions of this award prevail.

D.2.5 At the conclusion of the traineeship, this schedule ceases to apply to the employee. This schedule ceases to apply to an employee at the end of the traineeship.

D.3 Types of Traineeship

The following types of traineeship are available under this schedule:

D.34.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those ordinary hours being approved training; and

D.3.2 A part-time traineeship based on fewer less than 38 ordinary hours per week, with 20% of ordinary hours being approved training provided:

(a) solely on-the-job; or

(b) partly on-the-job and partly off-the-job, or

(c) where training is fully off-the-job.

D.4 Minimum rates Wages

D.4.1 Minimum weekly rates wages for full-time traineeships

(a) Wage Level A

Subject to clause C.5.3 of this schedule, tThe minimum rate wages for a full-time trainee undertaking an full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause D.6.1 is the weekly rate specified in Column 2 of Table 1-Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I-III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.Appendix C1 are:

Table 1-Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I-III traineeship)

NOTE: See clause D.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage Level B

Subject to clause C.5.3 of this schedule, tThe minimum rate wages for a full-time trainee undertaking an full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause D.6.2 or by clause D.4.4 is the weekly rate specified in Column 2 of Table 2-Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I-III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.Appendix C1 are:

Table 2-Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I-III traineeship)

NOTE: See clause D.4.3 for other minimum wage provisions that affect this paragraph.

(c) Wage Level C

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

(d)(c) AQF Certificate Level IV traineeships

(i) Subject to clause D.5.3 of this schedule, tThe minimum hourly rate wages for a full-time trainee undertaking an full-time AQF Certificate Level IV traineeship is the minimum rate are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8%. to those minimum wages.

(ii) Subject to clause D.5.3 of this schedule, tThe minimum hourly rate wages for a full-time trainee undertaking an full-time AQF Certificate Level IV traineeship is the weekly rate specified in Column 2 or 3 of Table 3-Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship), according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in Column 1.are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Table 3-Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

D.4.2 Minimum hourly rates wages for part-time traineeships

(a) Wage Level A

Subject to clauses D.5.2(f) and D.5.3 of this schedule, tThe minimum hourly rate wages for a part-time trainee undertaking an part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause D.6.1 is the hourly rate specified in Column 2 of Table 4-Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I-III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.Appendix C1 are:

Table 4-Wage level A minimum hourly rate for part-time trainees (AQF Certificate I-III traineeship)

Note: See paragraph (f) for calculating the actual minimum wage. See also clause D.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage Level B

Subject to clauses D.5.2(f) and D.5.3 of this schedule, tThe minimum hourly rate wages for a part-time trainee undertaking an part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause D.6.2 or by clause D.4.4 is the hourly rate specified in Column 2 of Table 5-Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I-III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.Appendix C1 are:

Table 5-Wage level A minimum hourly rate for part-time trainees (AQF Certificate I-III traineeship)

Note: See paragraph (f) for calculating the actual minimum wage. See also clause D.4.3 for other minimum wage provisions that affect this paragraph.

(c) Wage Level C

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

(d)(c) School-based traineeships

Subject to clauses D.5.2(f) and D.5.3 of this schedule, tThe minimum hourly rate wages for a part-time trainee who works ordinary hours undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A or B or C by clause D.6 or by clause D.4.4 is the hourly rate in Column 1 or 2 by Table 6-Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I-III traineeship) according to the year of schooling of the trainee.Appendix C1 are as follows when the trainee works ordinary hours:

Table 6-Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I-III traineeship)

Note: See paragraph (f) for calculating the actual minimum wage. See also clause D.4.3 for other minimum wage provisions that affect this paragraph.

(e)(d) AQF Certificate Level IV traineeships

(i) Subject to clauses D.5.2(f) and D.5.3 of this schedule, tThe minimum wages hourly rate for a part-time trainee undertaking an part-time AQF Certificate Level IV traineeship are is the minimum hourly rate wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8%. to those minimum wages.

(ii) Subject to clauses D.5.2(f) and D.5.3 of this schedule, tThe minimum wages hourly rate for a part-time an adult trainee undertaking an part-time AQF Certificate Level IV traineeship is the hourly rate in Column 2 or 3 of Table 7-Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship), according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in Column 1. are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Table 7-Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

(f)(e) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, If fewer than 38 (or an average of 38) ordinary hours of work per week is considered full-time at the workplace by the employer, the appropriate hourly minimum rate wage is obtained by multiplying the relevant minimum rate wage in clauses D.4.2 (a) to (e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where If the approved training for a part-time traineeship is provided fully wholly off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum rate wage in clauses D.4.2 (a) to (e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where If the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses D.4.2 (a) to (e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

D.4.3 Other minimum wage provisions

(a) Clause D.4.3 applies despite anything to the contrary in clause D.4.4 or D.3.2.

(b) An employee who was employed by an employer immediately prior to before becoming a trainee with that employer must not suffer a reduction in their minimum rate of pay because wage per week or per hour by virtue of becoming a trainee.

(c) For the purpose of determining whether a trainee has suffered a reduction as mentioned in paragraph (b), Ccasual loadings are towill be disregarded. when determining whether the employee has suffered a reduction in their minimum wage.

(d) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where if a higher minimum wage is provided for the new AQF certificate level.

D.4.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause D.6 Appendix D1is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

D.5 Employment conditions

D.5.1 A trainee undertaking a school-based traineeship may agree, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of being paid annual leave, paid personal/carer’s leave and paid absence on public holidays., provided that where However, if the trainee works on a public holiday, then the public holiday provisions of this award apply.
D.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
D.5.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.

D.5.4 Note: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clauses D.4.2(f)(ii) and (iii) and not by clause D.5.3.this clause.

D.5.54 Subject to clause D.2.4, of this schedule, all other terms and conditions of this award appliesy to a trainee in the same way that it applies to an employee who is not a trainee except unless specifically varied as otherwise expressly provided by this schedule.

D.6 Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

D6.1 Wage Level A

D1.2 Wage Level B

D1.3 Wage Level C

 1   [2016] FWC 4495.

 2   [2017] FWCFB 1095

 3   Ibid at [8]

 4   [2017] FWCFB 3176

 5   Ibid at [3]

 6   [2017] FWCFB 4174.

 7   PR596939.

 8   [2017] FWCFB 4457.

 9   [2017] FWCFB 4174 at [69]; [2017] FWCFB 4457 at [11] and [12].

 10   Transcript, 23 August 2019.

 11   CFMMEU - Report to the Full Bench, 15 November 2019.

 12   [2019] FWCFB 8572.

 13   CFMMEU – Construction Division submission, 4 February 2020 at para [6].

 14   CFMMEU – Construction Division submission, 4 February 2020 at para [9].

 15   CFMMEU – Construction Division submission, 4 February 2020 at para [11].

 16   CFMMEU – Construction Division submission, 4 February 2020 at paras [13] – [17].

 17   Witness Statement of Stuart Maxwell dated 4 February 2020.

 18   Witness Statement of Ian Curry dated 3 February 2020.

 19   Witness Statement of Yvette Nash dated 4 February 2020.

 20   Witness Statement of Barry Kearney dated 4 February 2020.

 21   [2017] FWCFB 344 at para [20].

 22   Ai Group submission, 23 February 2020.

 23   CFMMEU, Report to the Full Bench, 14 November 2019.

 24   [2017] FWCFB 1095 at [8]

 25   [2017] FWCFB 3176 at [3]

 26   HIA submission, 3 March 2020 at para 3.1.5.

 27   HIA submission, 3 March 2020 at paras 4.3.1 – 4.3.6.

 28   [2014] FWCFB 1788.

 29   MBA submission, 3 March 2020 at para 22.

 30   [2020] FWCFB 2620.

 31   3 March 2020, 22 November 2019, 8 September 2017, and 17 March 2017.

 32   MBA submission, 3 March 2020.

 33   MBA submission, 29 May 2020 at paras 8 – 11.