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

4 yearly review of modern awards—Group 4 awards
(AM2014/250 and others)

4 yearly review of modern awards – award stage – Group 4 awards.

[1] Section 156 of the Fair Work Act 2009 (the Act) requires the Fair Work Commission (the Commission) to review all modern awards every four years (the Review). In the Award stage of the Review the 122 modern awards have been divided into 4 groups. The awards allocated to Group 4 are listed at Attachment A to this Statement. As proposed in the 24 February 2016 Statement 1 the 40 awards in Group 4 will be dealt with in two tranches – sub-groups 4A, 4B & 4C and sub-groups 4D, 4E & 4F. A Statement and amended directions were issued on 10 May 20162 outlining the proposed timetable for dealing with the awards in Group 4. A further statement, issued on 15 July 20163, vacated the directions in relation to the Construction awards4 and varied the proposed timetable for the remaining matters.

[2] Due to the resource demands associated with the Review, the timetable for finalising the review of Group 4 awards has been further deferred as set out below.

Group 4A, 4B & 4C

[3] In the February 2016 Statement, claims to vary the provisions in the Construction awards were referred to Senior Deputy President Watson. A number of conciliation conferences were held before Senior Deputy President Watson, most recently on 2 August 2016. The Senior Deputy President has provided a Report which outlines the following process for determining the issues in respect of the Construction Group Awards:

(i) The common claims in the Building and Construction General On-site Award 2010, the Joinery and Building Trades Award 2010 and the Mobile Crane Hiring Award 2010 will be referred to a separately constituted Full Bench for determination and directions will be issued in due course.
(ii) The remaining technical and drafting issues in the 3 awards above will be dealt with in the timetable below.
(iii) The industry-specific redundancy scheme in the Plumbing and Fire Sprinklers Award 2010 will be determined by the Full Bench at the same time it deals with the industry-specific redundancy schemes in the Construction awards.
(iv) The remaining substantive claims in the Plumbing and Fire Sprinklers Award 2010 will be dealt with separately by the Full Bench dealing with 3 awards above.
(v) The technical and drafting issues in the Plumbing and Fire Sprinklers Award 2010 will be dealt with in the Group 4 timetable below.

[4] The amended directions of 10 May 2016 in respect to the Plumbing and Fire Sprinklers Award 2010, were varied to require the filing of submissions in reply by 3 August 2016.

[5] The amended directions of 10 May 2016 also required reply submissions on the drafting and technical issues in relation to groups 4A, 4B and 4C to be filed by 21 July 2016.

[6] These matters will be listed for hearing in November 2016. A notice of listing will follow in due course.

Group 4D, 4E & 4F exposure drafts

[7] In the Statement of 23 March 2016 5 it was proposed that a Full Bench deal with a number of issues in relation to the Broadcasting and Recorded Entertainment Award 2010. Following conferences before Senior Deputy President Hamberger6, these issues have been resolved and the remaining issues in this award will be dealt with by the main Group 4 Full Bench.

[8] The publication of exposure drafts for the awards allocated to Groups 4D, 4E and 4F has been deferred until October 2016. The directions in relation to filing material for these awards have been varied accordingly. The revised timeline for all of Group 4 is as follows:

[9] Amended directions are attached.

[10] A mention will be held at 1.00pm on Wednesday 24 August 2016 to provide an opportunity for any interested person to raise any issues in respect of the programming of the review of the Group 4 awards, as set out in this statement. The Commission will be sitting in Sydney, requests for video links should be sent to chambers.ross.j@fwc.gov.au.

PRESIDENT

ATTACHMENT A—Group 4 awards divided by sub-group

^ Note the Electrical, Electronic and Communications Contracting Award 2010 was incorrectly allocated to Group 4A in an earlier Statement.

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

4 yearly review of modern awards—Group 4
(AM2014/250 and others)

It is directed that:

1. The drafting and technical issues in the Group 4A, 4B and 4C exposure drafts will be listed for hearing in November 2016.

2. On or before 4.00 pm on Wednesday 21 December 2016 each interested party is to file in the Commission submissions on the technical and drafting issues related to exposure drafts in Groups 4D, 4E and 4F (except the awards that are subject to the Plain language process).

3. On or before 4.00 pm on Tuesday 31 January 2017 each interested party is to file in the Commission submissions in reply on the technical and drafting issues related to exposure drafts in Groups 4D, 4E and 4F (except the awards that are subject to the Plain language process).

4. The drafting and technical issues in the Group 4D, 4E and 4F exposure drafts will be listed for hearing in February 2017.

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

6. Leave is granted to apply generally.

Note: Further directions will be issued in relation to the remaining awards in the Construction group following the determination of the substantive issues in these awards.

PRESIDENT

 1   [2016] FWC 1191; see also [2016] FWC 1838

 2   [2016] FWC 2924

 3   [2016] FWC 4781

 4   Building and Construction General On-site Award 2010, Joinery and Building Trades Award 2010, Mobile Crane Hiring Award 2010 and Plumbing and Fire Sprinklers Award 2010

 5   [2016] FWC 1838 para [9]]

 6   Report to the Full Bench

 7   See Statement of 11 August 2016 [2016] FWCFB 5621

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