DETERMINATION

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

4 yearly review of modern awards
(AM2014/91)

TEXTILE, CLOTHING, FOOTWEAR AND ASSOCIATED INDUSTRIES AWARD 2010
[MA000017]

4 yearly review of modern awards—substantive issues—award varied—new clause 9.2(c) in relation to translation of information in some circumstances—consent variation in relation to technical and drafting issues—merit claims re part-time employment, meal breaks and requirement to take annual leave—inconsistency between NES and award re part-time employment—removed.

A. Further to the decision of 11 May 2015, 1 it is determined pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, that the Textile, Clothing, Footwear and Associated Industries Award 2010 be varied as follows:

1. By renumbering clauses 9.2(c) and 9.2(d) as 9.2(d) and 9.2(e).

2. By inserting a new clause 9.2(c) as follows:

(c) Information must be provided to affected employees and their representatives, if any, in accordance with clause 9.2(b)(i) in a manner which facilitates employee understanding of the proposed changes, having regard to their English language skills. This may include the translation of the information into an appropriate language.

3. By inserting the word “ordinary” before the word “hours” (twice appearing) in clause 13.9.

4. By deleting clause 13.11 and inserting the following:

13.11 Where an employee and their employer agree in writing, part-time employment may be converted to full-time and vice-versa. If such an employee transfers from full-time to part-time (or vice-versa), all accrued award and legislative entitlements will be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

Following transfer to full-time employment accrual will occur in accordance with the provisions relevant to full-time employment. At the request of the employee, the employer must provide to the employee written confirmation of the quantum of the employee’s leave entitlements as at the date of conversion.

Note: The Fair Work Regulations 2009 contain obligations in relation to the making and retention of employee records.

5. By deleting the words “clause 20.9” appearing in clause 15 and inserting “clause 20.10”.

6. By deleting clause 23.7 and inserting the following:

23.7 Alteration of time standards

Once a time standard has been fixed under this clause, it must not be altered except where any of the following circumstances occur:

● there is a change in the manufacturing methods;

● there is a change in the materials used;

● there is a change in the machines or equipment used;

● to correct an agreed error in the existing time standard; or

● by agreement between the employer and the PBR employees, in accordance with clause 8.3. Any proposal which is put to employees must be reduced to a written form for their consideration prior to the taking of a vote.

7. By inserting the words “(clause 39)” after the words “overtime rates” appearing in clause 38.1(b).

8. By deleting clause 38.2(a) and inserting the following:

(a) Where two eight hour or three eight hour shifts are worked, in lieu of the meal break provided in clause 38.1(a), the employer has the discretion to, as opportunity offers, provide the shift worker a 20 minute paid crib break per shift which shall be counted as time worked.

9. By deleting clause 40.1(a) and inserting the following:

(a) An employee required to work in excess of one and a half hours overtime will be allowed a meal break of at least 30 minutes and will in addition to any overtime payable be paid a meal allowance. The provision of a meal allowance does not apply if the employer provides an adequate meal.

10. By deleting clause 41.4 and inserting the following:

41.4 Requirement to take annual leave

Once an employee has accrued six weeks annual leave, for the purpose of ensuring accrued annual leave is taken, and in the absence of agreement as provided for in s.88 of the Act, an employer may direct an employee to take a period of annual leave, subject to the following:

(a) the employer must provide the employee with no less than 28 days’ notice of the requirement to take annual leave;

(b) where after an employer has issued a direction to take annual leave pursuant to this clause, the relevant employee requests to take annual leave at an alternate time (but within six months of the date of the direction), the employer must not unreasonably refuse to agree to that request; and

(c) the employee must retain at least four weeks of accrued annual leave after the direction is given by the employer.

11. By deleting the word “Where” appearing at the beginning of clause 43.5 and inserting the words “Except where”.

12. By inserting the following preamble at the beginning of Schedule B, before the heading “B.1 Trainee”:

These skill levels are to be read in conjunction with an explanation of the terms contained in Schedule C.

13. By deleting the last paragraph appearing at the end of Schedule B.

14. By deleting the words “contracts of apprenticeship” appearing in clause C.7 and inserting “contract of apprenticeship”.

15. By renumbering Schedule C—Apprentices as Schedule G—Apprentices.

16. By renumbering Schedule G—Definitions as Schedule C—Definitions.

17. By inserting a full-stop at the end of clause F.8.2(f).

18. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation on the first full pay period commencing on and from 11 May 2015.

SENIOR DEPUTY PRESIDENT

 1   [2015] FWCFB 2831.

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