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

4 yearly review of modern awards
(AM2014/198 and others)

4 yearly review of modern awards – award stage – Group 2 awards – revised scheduling.

[1] The Award stage of the Review is being undertaken in stages. The 122 modern awards have been divided into 4 groups with the awards allocated to Group 2 listed at Attachment A to this Statement. The review of Group 2 awards commenced with conferences on 23 October 2014, 2 December 2014 and 27 March 2015. A Statement setting out the revised process for the review of the Group 2 awards was issued on 30 March 2015. 1 The purpose of this Statement is to deal with the further revised programming for Group 2 awards.

[2] A document summarising the issues identified by interested parties in relation to each award was published by the Commission in December 2014. Exposure drafts for each Group 2 awards have been published and interested parties have filed written submissions and submissions in reply on the exposure drafts. A number of parties have also indicated they will be seeking to make any substantive claims in relation to each award. Summaries of submissions identifying technical and drafting issues and outlining substantive issues have been published on the relevant award pages. Directions for Group 2 awards were issued on 2 April 2015. These directions provided an opportunity for parties to file further and final written submissions and submissions in reply on the exposure drafts. Full Bench hearings for Group 2 awards were listed for 23 and 24 June 2015.

[3] Due to additional issues arising in relation to the Group 1 awards, it has become apparent that the programming for Group 2 needs to be further revised. It is desirable that the Group 1 issues are finalised prior to the commencement of the Group 2 hearings, as the Commission’s decisions on these matters may be relevant to the Group 2 awards.

[4] Revised directions for the Group 2 awards are attached to this Statement (see Attachment B). These directions will also be published as a separate stand alone document on the Commission’s website.

[5] Parties are reminded that substantive claims in relation to particular awards may be referred to separately constituted Full Benches. If a substantive claim is being sought in relation to a particular award, and parties are of the view that it should be referred to a separately constituted Full Bench then they should say so in their submission. Any issue that is referred to a separate Full Bench will be the subject of directions issued by that Full Bench.

[6] Parties are encouraged to have discussions among themselves with a view to narrowing the issues to be determined by the Full Bench. If at any stage during the process parties would be assisted by a conference facilitated by a Member of the Commission they are to write to chambers.ross.j@fwc.gov.au.

PRESIDENT

ATTACHMENT A—Group 2 awards divided by sub-group

ATTACHMENT B—Draft Directions – Group 2 awards

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

4 yearly review of modern awards – Group 2 awards
(AM2014/198 and others)

Further to the Statement issued on 6 May 2015 it is now directed that:

1. On or before 4.00 pm on 11 May 2015 15 July 2015 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in group 2, and written outline of submissions in relation to any substantive claims or variations being pursued. The written outline should identify the scope of any evidentiary material that is to be filed and indicate whether the matter should be referred to a separately constituted Full Bench.

2. On or before 4.00 pm on 9 June 2015 21 August 2015 each interested party is to file in the Commission comprehensive written submissions in reply to the technical and drafting issues related to exposure drafts in group 2, and a written outline of submissions in reply to any substantive claims or variations being pursued.

3. The matters will be listed for hearing before a Full Bench on 23 and 24 June 2015 7 and 8 October 2015.

4. Leave is granted to apply generally.

5. All material should be sent to amod@fwc.gov.au.

PRESIDENT

 1   [2015] FWC 2194

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