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

Vehicle Manufacturing, Repair, Services and Retail Award 2010.

[1] On 7 April 2016 the Australian Manufacturing Workers’ Union (AMWU) applied to the Commission for an adjournment of the hearing listed for 23 and 24 May 2016 and a variation to the directions issued on 4 March 2016 1. This application was supported by the Australian Industry Group, the Victorian Automobile Chamber of Commerce and the Motor Trades Associations of New South Wales, South Australia and Western Australia.

[2] The Full Bench declines to grant to the AMWU’s request for an adjournment of the hearing dates scheduled for 23 and 24 May 2016.

[3] The Full Bench has determined to take the following steps to assist the parties:

(1) The Commission will provide the parties with a fully marked-up version of the exposure draft of the Vehicle Repair, Services and Retail Award 2016 identifying all proposed changes. The Commission will endeavour to supply this to the parties by Friday 15 April 2016.

(2) The directions for the filing of submissions will be varied so that evidence and submissions concerning the exposure draft will be due on 6 May 2016 and any reply evidence and submissions will be due on 18 May 2016.

[4] Insofar as there is a complaint that the exposure draft of the Vehicle Repair, Services and Retail Award 2016 deals with the issues the subject of the hearing on 10 August 2015, please note that this course was foreshadowed in the Full Bench’s statement of 2 November 2015 2 at paragraph [4] subparagraph (3). The parties may of course make further submissions on these issues having regard to the terms of the exposure draft.

[5] Accordingly, we direct as follows:

(1) Any party that wishes to file submissions and/or evidence in relation to the new exposure drafts is to do so by 5.00pm Friday 6 May 2016.

(2) Any interested party which wishes to adduce evidence and/or make submissions in reply to any of the evidence and/or submissions filed in accordance with direction (1) shall file such evidence and/or submissions in the Commission by 5.00pm Wednesday 18 May 2016.

(3) All submissions and evidence shall be sent to amod@fwc.gov.au.

(4) This matter will be listed for a final hearing in Melbourne before the Full Bench on Monday 23 May 2016 and Tuesday 24 May 2016.

VICE PRESIDENT

 1   [2016] FWCFB 1229

 2   [2015] FWCFB 7275

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