DECISION

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

4 yearly review of modern awards
(AM2018/24)

JOURNALISTS PUBLISHED MEDIA AWARD 2020
[MA000067]

4 yearly review of modern awards – Journalists Published Media Award 2020 – substantive issues – modern award varied.

[1] This decision relates to the operative date of the final determination to vary the Journalists Published Media Award 2020 (2020 Award) arising from the 4 yearly review of modern awards. In a decision issued on 20 November 2019 1 (November decision), we dealt with a number of substantive issues that had been raised in the 4 yearly review concerning the Journalists Published Media Award 2010 (2010 Award). We determined that a number of variations should be made to the award, on the basis that they would become operative in 12 months’ time (i.e. 20 November 2020). On 30 March 2020, we published a further decision2 (March decision) in which we determined two issues outstanding from the November decision. In the March decision, we also published a draft determination varying the 2010 Award to give effect to the November decision and the outstanding issues determined in the March decision. Parties were invited to make further submissions regarding any technical or drafting matters prior to the publication of the final determination. No submissions regarding technical or drafting matters were received from interested parties.

[2] On 5 May 2020, we also issued a statement 3 expressing a provisional view to defer the operative date of the proposed variations to Part 5 of the 2010 Award to 1 March 2021, on the basis that the COVID-19 pandemic would likely disrupt affected employers’ ability to prepare for the introduction of the Part 5 variations. Interested parties were invited to make further submissions in response to this provisional view. No submissions in response to this provisional view were received.

[3] On 18 June 2020, the 2020 Award came into operation. The draft determination published in the March decision was drafted and expressed according to the terms of the 2010 Award. Accordingly, the draft determination published in the March decision has now been converted into terms consistent with the 2020 Award.

[4] Notwithstanding what was stated in the November decision, we have now determined that all the variations should take effect on a common date, namely 1 March 2021. The variations concerning Part 5 are to a considerable degree intermingled with the other variations such that having them take effect at different times involves some technical drafting difficulty and may lead to unintended consequences. Further, a common date of operation of 1 March 2021 will reduce the regulatory burden on employers by requiring adjustment to be made on only one occasion, and will allow employers more time to prepare for the implementation of the variations.

[5] The final determination varying the 2020 Award is published in conjunction with this decision. This concludes the 4 yearly review in respect of this award.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWCFB 7603

 2   [2020] FWCFB 1695

 3   [2020] FWCFB 2344