STATEMENT

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

4 yearly review of modern awards – Group 1 awards
(AM2014/64 and others)

4 yearly review of modern awards – award stage – Group 1 awards – technical and drafting – outstanding issues

[1] Exposure drafts based on the awards allocated to Group 1 were published on the Commission’s website in September–October 2014. The awards allocated to Group 1 are listed at Attachment A. Since the publication of the exposure drafts a series of conferences and hearings have been held; and the following decisions issued in relation to this tranche of awards:

•  4 yearly review of modern awards – Exposure drafts Group 1A and 1B - drafting and technical issues - alleged inconsistencies with NES, 23 December 2014 (the December 2014 decision) [[2014] FWCFB 9412];

•  4 yearly review of modern awards – Full Bench decision - Award stage - drafting and technical issues - ordinary hourly rate of pay, 13 July 2015 (the July 2015 decision) [[2015] FWCFB 4658];

•  4 yearly review of modern awards – Absorption clause - casual loading, 30 September 2015 [[2015] FWCFB 6656];

•  4 yearly review of modern awards – Exposure Drafts – Group 1C, 1D and 1E awards, 23 October 2015 (the October 2015 decision) [[2015] FWCFB 7236]; and

•  4 yearly review of modern awards – award stage – Group 1 technical and drafting issues – Manufacturing and Associated Industries and Occupations Award 2010 – Professional Diving Industry (Industrial) Award 2010 [[2017] FWCFB 3177]

[2] Group 1 exposure drafts have been updated and republished to reflect the outcome of the decisions referred to above.

[3] A small number of technical and drafting issues remain outstanding in this group of awards.

[4] In the decision 1 issued on 9 June 2017, the Full Bench made the following comment in relation to the group 1 awards:

‘[123] Revised exposure drafts for all awards in Group 1 (except the Manufacturing and Vehicle awards), along with updated summaries of submissions on the exposure drafts will be published for comment early next week.

[124] There appear to be a limited number of unresolved technical and drafting issues in this group of awards.

[125] Parties are directed to review the revised exposure drafts and the summaries of submissions and provide any comments in writing to amod@fwc.gov.au by 4.00 pm on Friday 30 June 2017 outlining:

•  any errors in the exposure drafts or summaries; and

•  any outstanding issues in the summaries of submissions that they wish to press.’

[5] A number of comments were received from interested parties in response to these directions. Updated summaries of submissions incorporating that feedback and confirming the status of each technical and drafting issue will be republished shortly.

[6] Following the publication of the summaries, the Full Bench will issue a decision finalising these matters on the basis of material already filed.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2017] FWCFB 3177.

Attachment A—List of Group 1A and 1B awards

Extract from Attachment A to Full Bench Decision of 17 March 2014 [2014] FWCFB 1788; subgroups as per Attachment A of Decision on 23 October 2015 [2015] FWCFB 7236.

Group 1A & 1B (11 awards)

¹ The Full Bench proposes amalgamating these two awards – see [2014] FWCFB 9412 at [172]

² The outstanding technical and drafting matters in relation to these two awards are being considered as part of the plain language drafting process – see [2017] FWCFB 4447 at [42]

Group 1C, 1D & 1E (19 awards)

¹ Further consideration will be given to the inclusion of these awards in the second tranche of the plain language drafting process once the substantive claims have been determined – see [2017] FWCFB 4447 at [42] and therefore these awards will not be considered in the decision foreshadowed at [6].