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

4 yearly review of modern awards—Award stage
(AM2014/72, AM2014/217 and others)

4 yearly review of modern awards – award stage – Group 3 and 4 awards – Gas Industry Award 2010

Group 3 and 4 awards

[1] Further to the Statement issued on 24 February 2016 1, this Statement confirms the programming for the review of the 73 awards in Groups 3 and 42 and how the Commission will deal with other outstanding Award stage matters.

[2] In the 24 February 2016 Statement the Commission invited comments on a proposed timetable for dealing with Group 3 and 4 technical and drafting matters. A number of comments were received and considered by the Full Bench.

Group 3

[3] In response to the comments received, the timetable for filing submissions for Group 3 exposure drafts will be altered as follows:

Group 4

[4] There were no submissions to alter the dates for Group 4 matters and accordingly the timetable remains as follows:

[5] Amended Directions are at Attachment B.

[6] Dates for Full Bench hearings will be issued in due course; in doing so the Commission have regard to the Casual employment and Part-time employment matters (AM2014/196 & 197) that are listed for 17–18 August 2016.

Calendar of hearings

[7] In order to avoid conflicting listings, the Commission will publish a Calendar of Award Review Full Bench hearings on the website to assist in scheduling award review related matters. Commission members will have regard to the calendar before listing matters for hearing or conference. The Calendar will be accessible through a link on the Timetable page and will list the Full Bench allocated to each matter. Queries in relation to scheduling should be directed to the chambers of the presiding member.

[8] Below is a list of the Full Benches that have been constituted to deal with some of the substantive issues in the Group 3 awards which were identified in the 24 February 2016 Statement –

[9] At paragraph [14] of the 24 February 2016 Statement it was noted that Birch, Carroll & Coyle Ltd and others had made submissions in relation to a number of issues affecting cinemas covered by the Broadcasting and Recorded Entertainment Award 2010. The Statement also said that following a scheduled meeting between the parties the employer representative was to file a report on the status of the substantive issues. A report was filed on 22 March 2016 stating, among other things, that the discussions between the parties will be completed within a month. Once it is made clear which issues remain in dispute, a Full Bench will be constituted to deal with those issues.

Summary of submissions

[10] A further updated summary of submissions will be published on the Commission website tomorrow incorporating feedback from parties and changes arising from the conferences held before Senior Deputy President Watson in relation to the construction awards in Group 4C. Changes have been marked in red for easier identification.

Gas Industry Award 2010—Availability duty

[11] In the decision 3 arising from the review of the Group 1C–E awards the Full Bench made the following statement in relation to a claim to insert an Availability duty provision in the Gas Industry Award 2010:

‘[30] The AWU has previously indicated that it wishes to press its claim for the insertion of a substantive provision dealing with ‘availability duty’ and it intends to lead evidence in support of its claim. Ai Group opposed the AWU’s claim and submits that it is a substantive change to the existing award. The AWU is to confirm whether it wants to pursue the claim by filing a formal application within 21 days of the date of this decision including a draft variation determination and setting out the grounds in support of the claim. If such an application is received this issue will be referred to a separately constituted Full Bench for hearing and determination.’

[12] The Australian Workers’ Union has now filed submissions and witness statements in relation to this issue. Accordingly the matter will be referred to a separately constituted Full Bench in AM2016/10. That Full Bench will issue Directions in due course.

PRESIDENT

ATTACHMENT A—Group 3 awards divided by sub-group

Group 4 awards divided by sub-group¹

ATTACHMENT B—AMENDED DIRECTIONS

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

4 yearly review of modern awards—Group 3 and 4 awards
(AM2014/217 and others)

It is directed that:

Group 3

1. On or before 4.00 pm on Thursday 14 April 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in Group 3.

2. On or before 4.00 pm on Thursday 5 May 2016 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 3.

3. The Group 3 technical and drafting matters will be listed for hearing before a Full Bench on 6–7 June 2016.

Group 4

Sub-groups 4A–4C

4. On or before 4.00 pm on Thursday 23 June 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in sub-groups 4A, 4B and 4C.

5. On or before 4.00 pm on Thursday 14 July 2016 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 sub-groups 4A, 4B and 4C.

6. The sub-group 4A, 4B and 4C technical and drafting matters will be listed for hearing before a Full Bench in August 2016.

Sub-groups 4D–4F

7. On or before 4.00 pm on Thursday 21 July 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in sub-groups 4D, 4E and 4F.

8. On or before 4.00 pm on Thursday 18 August 2016 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 sub-groups 4D, 4E and 4F.

9. The sub-group 4D, 4E and 4F technical and drafting matters will be listed for hearing before a Full Bench in October 2016.

10. Leave is granted to apply generally.

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

PRESIDENT

 1   [2016] FWC 1191

 2   See Attachment A for list of awards in Group 3 and 4

 3   [2015] FWC 8236

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