STATEMENT

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

4 yearly review of modern awards—Pastoral Industry Award 2010
(AM2014/239)

JUSTICE ROSS, PRESIDENT

SYDNEY, 24 JULY 2017

4 yearly review of modern awards —Pastoral Industry Award 2010.

[1] This Statement deals with an issue arising from the review of the Pastoral Industry Award 2010 (the Pastoral Award) as part of the award stage of the 4 yearly review of modern awards.

[2] A conference was held with interested parties on 24 July 2017 to address the intended operation of clauses 17.2(c)(ii) and 36.10 of the Pastoral Award, along with similar issues arising under clauses 10.2(d) and 32.7 of the exposure draft.

[3] In a decision 1 issued relating to a number of Group 3 awards (including the Pastoral Award), the Full Bench considered that the clauses in question may need to be redrafted to clearly specify the circumstances in which an employee is entitled to a meal allowance (i.e. after a specified number of hours of overtime work, such as two hours overtime) and any further meal allowance (such as working a further two hours overtime). To assist parties, an attachment summarising the overtime meal allowance provisions in modern awards was published with the decision2.

[4] A transcript from the conference held on 24 July 2017 is available on the Commission’s website. Further to the conference, it is directed that:

A. In relation to clause 17.2(c)(ii) of the Pastoral Award, there is general agreement amongst the parties that the initial meal allowance is payable after a period of two hours. The issue in dispute appears to be at the time at which the second meal allowance would be payable.

On or before 4.00 pm on Monday 14 August 2017 interested parties are to file written submissions in relation to the intended operation of clause 17.2(c)(ii) of the Pastoral Award, in particular when the second meal allowance is payable.

B. In relation to clause 36 of the Pastoral Award, it appears there is general agreement that the clauses dealing with meal allowance provisions are apt to cause confusion and that there is tension between 36.5, 36.10 and 36.11.

On or before 4.00 pm on Monday 14 August 2017 interested parties are to file written submissions in relation to the operation of the meal allowances provisions in clause 36, in particular the provisions contained at 36.5, 36.10 and 36.11.

C. Clauses 10.2(d) and 32.7 of the exposure draft raise similar issues to those canvassed above at A and B. On or before 4.00 pm on Monday 14 August 2017 interested parties are to file written submissions in relation to the operation of clauses 10.2(d) and 32.7 of the exposure draft.

D. On or before 4.00 pm on Monday 28 August 2017 interested parties are to file written submissions in reply to the issues canvassed at A–C above.

E. Following the filing of written submissions the Full Bench intend to decide the matter on the papers. If any party wants to request an oral hearing they are to do so in writing by no later than 4.00 pm on Wednesday 30 August 2017.

F. Liberty to apply.

G. All submissions are to be filed in writing to amod@fwc.gov.au

PRESIDENT

1 [2017] FWCFB 3433

2 See Attachment D of [2017] FWCFB 3433

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