STATEMENT

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

4 yearly review of modern awards – Plain language re-drafting – General Retail Industry Award 2010
(AM2016/15, AM2014/270)

JUSTICE ROSS, PRESIDENT

SYDNEY, 18 OCTOBER 2017

4 yearly review of modern awards – plain language re-drafting – General Retail Industry Award 2010 – update.

[1] This Statement sets out the next steps in the plain language re-drafting of the General Retail Industry Award 2010 (the Retail award).

[2] A conference was held on 19 September 2017 to discuss plain language drafting issues arising out of the plain language exposure draft for the Retail award published on 20 July 2017.

[3] Following the conference a report was published on the Commission’s website on 19 September 2017 (the September report). The September report outlined the status of items following the conference. Parties were invited to confirm their positions in relation to outstanding issues by 4 pm on Wednesday 20 September 2017.

[4] Business SA, ABI and SDA filed materials confirming their positions in relation to outstanding issues.

[5] The summary of submissions has been updated to reflect the outcome of the conference, the September report and the parties’ positions following the conference. Drafting comments have been sought from the Plain Language Expert in relation to outstanding issues and included in the revised summary of submissions. The revised summary of submissions is published with this Statement. The Retail award revised plain language exposure draft has also been updated and is published with this Statement.

[6] The outstanding issues are:

● Item 8—Re: coverage;
● Items 11, 15 and 16—Re: facilitative provisions;
● Items 19 – 32, and 65—Re: part-time employment;
● Items 33 – 34—RE: Casual employment;
● Items 40 – 55, and 72—Re: ordinary hours of work;
● Item 56—Re: breaks;
● Item 57—Re: minimum rates (inclusion of notes);
● Item 62—moving expenses (definition of ‘township’);
● Item 63—Re: overtime and s.62 of the Act;
● Item 67—Re: overtime; and
● Item 69—Re: shiftwork application.

[7] Parties are invited to review the drafting comments of the Plain Language Expert in the draft summary of submissions. Particular attention should be given to the drafting comments at item 8 regarding coverage; item 63 regarding overtime and s.62 of the NES, and items 56 and attachment A to the revised summary of submissions regarding breaks in accordance with the table at paragraph [2] pf the report of 19 September.

[8] Parties are also invited to review the Retail award revised plain language exposure draft to ensure it accurately reflects the outcome of the 19 September conference.

Next steps

[9] This matter will be set down for conference before the President in Sydney on Thursday, 26 October 2017 at 9:30am. If any party requests a video link to another location a request should be made in writing to chambers.ross.j@fwc.gov.au.

PRESIDENT

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