DECISION

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Variation on the Commission’s Own Motion—Broadcasting, Recorded Entertainment and Cinemas Award 2020
(AM2021/48)

Variation of modern award to correct error – Broadcasting, Recorded Entertainment and Cinemas Award 2020 –classifications and minimum rates – employees in cinemas – cinema worker level 3 – clause 13.4 varied.

[1] In a statement issued on 12 May 2021 1 (the Statement) an error was identified in clause 13.4 of the Broadcasting, Recorded Entertainment and Cinemas Award 2020 (the Award) and the rate of pay for employees classified as Cinema Worker Level 3.

[2] The Statement sets out the background to this issue, as well as the legislative framework for varying a modern award to remove ambiguity, uncertainty or to correct an error. I do not propose to repeat that background here.

[3] In the statement I expressed the provisional view that the base weekly rate of “$818.50” appearing in the fifth row of the table (Cinema Worker Level 3) in clause 13.4 and the corresponding calculated rates in the third, fourth and fifth columns constitute an ‘error’ for the purposes of s.160 of the Fair Work Act 2009 (Cth).

[4] A draft determination deleting the figure “$818.50” and inserting “$832.80” in the fifth row of the table (Cinema Worker Level 3) appearing in clause 13.4 the of the Award was published concurrently with the Statement. The associated calculated rates including the 8% penalty averaging per week in the third column of $65.48, the minimum weekly rate in the fourth column of $883.98 and the minimum hourly rate in the fifth column of $23.26 were also revised to $66.62, $899.42 and $23.67, respectively. A table reproducing these revisions will substitute the current table appearing in clause 13.4.

[5] Parties were requested to file any submissions in opposition to the provisional view by 4pm on 26 May 2021.

[6] No submissions were received and accordingly I confirm the provisional view. A determination giving effect to the change will be issued with this decision.

PRESIDENT

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 1   [2021] FWC 2675.