| [2019] FWCFB 488 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Education Group
(AM2015/6)
VICE PRESIDENT CATANZARITI |
SYDNEY, 30 JANUARY 2019 |
4 yearly review of modern awards -– Education Group – coverage of medical research institutes –Professional Employees Award 2010 – varying modern award minimum wage – work value test
[1] On 12 February 2018, the Full Bench issued a decision [2018] FWCFB 797 that independent medical research institutes (MRIs) were to be covered by the Professional Employees Award 2010 (Professional Employees Award). 1 In doing so, the Full Bench determined to amend the Professional Employees Award.2
[2] The decision [2018] FWCFB 797 considered claims to expand coverage of the Professional Employees Award, the Higher Education Industry—Academic Staff—Award 2010 and the Higher Education (General Staff) Award 2010 (Higher Education Awards) to include MRIs.
[3] The evidence supported a finding that the occupational nature of the Professional Employees Award was more appropriate for MRIs than the Higher Education Awards as most employees performing professional research duties were generally professional scientists and their roles required the knowledge and skills attained through a science degree. 3
[4] In their application, the Association of Australian Medical Research Institutes (AAMRI) and the Association for Professional Engineers, Scientists and Managers (APESMA) submitted a draft determination to vary the Professional Employees Award.
[5] AAMRI and APESMA’s proposed variation included inserting:
• a new medical researcher stream in the Award; 4
• a new medical researcher classification structure for MRIs in addition to the existing classification structures applying to engineers, professional scientists and information technology employees;
• a new Level 5 - experienced medical research employee classification paid above any of the existing classifications; and
• a number of other consequential amendments (which are not reproduced here). 5
[6] The Full Bench did not accept the parties’ draft determination, which varied the award to include a medical research stream and to increase the minimum rate for scientific work with the new Level 5 classification. 6
[7] The Full Bench gave the parties the opportunity to provide further evidence to vary the award under s.156(4) of the Fair Work Act 2009 (the Act). 7 The Full Bench requested evidence on:
(a) the nature of the work in the proposed medical research industry stream compared with the generic scientists stream;
(b) the level of skill or responsibility involved in doing work in the medical research industry stream; or
(c) (c) the conditions under with work is done.8
[8] The Full Bench also asked the parties to stipulate whether a further hearing would be required, or whether the matter could be determined on the material filed.
[9] In correspondence dated 15 May 2018, AAMRI and APESMA notified the Full Bench that the final determination could be decided on the material filed and there was no further hearing required. 9 In correspondence dated 24 May 2018, the NTEU agreed with AAMRI and APESMA’s submission.10
[10] The Full Bench identified in the decision that the parties were required to make an application varying an award rather than an application to set a new modern award minimum wage for scientific work. 11
[11] The Commission is able to vary modern award minimum wages if it is satisfied that the variation is justified by work value reasons (see subsections 156(3) and 157(2)). 12
[12] The minimum wages objective applies to the Commission in the setting, varying or revoking of modern award minimum wages. 13 The Commission must take the minimum wages objective into account including the principle of equal remuneration for work of equal or comparable value.14
[13] Section 284(4) of the Act states the different means of setting and varying modern award minimum wages:
(4) Setting modern award minimum wages is the initial setting of one or more new modern award minimum wages in a modern award, either in the award as originally made or by a later variation of the award. Varying modern award minimum wages is varying the current rate of one or more modern award minimumwages.
Work value reasons
[14] In order for the Commission to vary the Professional Employees Award to include the proposed medical research stream and Level 5 classification, AARMI and APESMA must establish that there are work value reasons justifying the claim.
[15] Section 156(3) requires that the Commission may only make a determination varying modern award minimum wages if it is satisfied that the variation is justified by work value reasons.
[16] Section 156(4) states that:
‘(4) Work value reasons are reasons justifying the amount that employees should be paid for doing a particular kind of work, being reasons related to any of the following:
(a) the nature of the work;
(b) the level of skill or responsibility involved in doing the work;
(c) the conditions under which the work is done.’
AAMRI and APESMA
Medical research stream
[17] The parties proposed, in their initial claim, the inclusion of a ‘professional medical research employee’ stream; and revised classification descriptors to describe professional medical research employees.15
[18] The parties submitted that the Level 1–4 classifications in the proposed medical research stream were consistent and equivalent to the existing Level 1–4 classifications in Schedule B of the Award. AAMRI and APESMA submitted this satisfied the principle of equal remuneration for work of equal or comparable value.
[19] The parties addressed the criteria in s.156(4) for assessing the work value of the classification levels.
[20] The parties submitted that the nature, responsibility, and circumstances of each of Level 1–4 of the proposed Schedule C were consistent and equivalent to each of the Level 1–4 classifications. 16 The parties provided a comparison document of the similarities between the existing classification levels and the proposed medical research stream.
[21] The parties submitted that while the nature of the work performed by medical research employees will differ from professional engineers, IT specialists and professional scientists that all the roles hold similar levels of responsibility as set out in Schedule B. 17
[22] The parties submitted that the conditions of work performed by existing ‘professional scientists’ and the new classifications of ‘professional medical research employees’ were the same. These similar conditions included the similarities between independent MRIs and commercial research organisations, the regulation of the sector and funding arrangements. 18
New level 5 classification - Experienced medical research employee
[23] AAMRI and APESMA’s initial claim included a new Level 5 classification - Experienced medical research employee. They submitted it was necessary to ensure the appropriate recognition of the work value of more senior medical research employees and a corresponding pay rate in Schedule C. 19
[24] In a draft determination, AAMRI and APESMA submitted the following be inserted:
C.1.10 Level 5—Experienced medical research employee
(a) An employee at this level is expected to have achieved recognition as an authority nationally or internationally in their area of research expertise, and play a leading role within the research community. They will oversee a program of research and receive independent research funding.
(b) An employee at this level is expected to:
(i) lead a research team/unit within their organisation, including conceiving programs and problems to be investigated and determining research strategy and direction;
(ii) make responsible decisions on all matters, including ways of attaining research program objectives and financial management of research funding, subject only to overall policy and financial controls;
(iii hold a substantial/major record of independent, original contributions to an area of research and/or its impact on health and community outcomes;
(iv) oversee research that results in publications or influences health guidelines, health policy or other health advancements, either independently or through collaborations with other researchers, health professionals, policy officers or other relevant professionals at a national or international level;
(v) present at national and international conferences and seminars;
(vi) support and guide the research efforts of Professional medical research employees in the research team/unit, direct staff, and supervise Research Higher Degree projects and students. 20
[25] AAMRI and APESMA distinguished between the Level 4 Medical Research employees and proposed Level 5 classifications, stating that:
‘In summary the Level 5 Medical Research Employee is someone who is expected to have achieved recognition as an authority nationally or internationally in their area of research expertise and play a leading role within the research community. Further, while the work of Level 4 Medical Research Employee as reflected in the classification descriptor embraces elements of management, strategic direction, research impact and public recognition and standing the work of a Level 5 Medical Research Employee is clearly at a significantly higher level.’ 21
[26] AAMRI proposed that the Level 5 classification would require a new wage rate of $81,920 that would sit comfortably within this range of minimum modern award rates and reflected the increased expectations of a Level 5 employee. 22
[27] AAMRI and APESMA filed joint submissions dated 27 April 2018 23 following the decision. The parties acknowledged that the proposed Level 5 classification captured some employees who are currently covered by Level 4 of the Professional Employees Award. They submitted that it would amount to a variation to the rate of employees who are currently classified at Level 4 but would, under the Proposed Determination, be classified at the new Level 5.24
National Tertiary Education Industry Union
[28] The National Tertiary Education Industry Union supported the proposed Level 5 classification for medical researchers. 25 The NTEU submitted that ‘the existing highest classification in the Award is somewhat more than $30,000 per annum lower than the previous award rates widely available and determined to be appropriate to the work value of these employees.’26
Ai Group
[29] Ai Group submitted it would be concerned about any amendment made to the Award that would vary the professional qualifications that must be held by employees covered by the Award and had the potential to disturb the coverage of other modern awards and/or the current award-free arrangements in place for some employees. 27
[30] One witness statement was filed by AAMRI and APESMA. This is the witness statement of Professor Douglas Hilton.
Professor Douglas Hilton
[31] Professor Hilton is a Director of the Walter and Eliza Hall Institute (WEHI) and President of the Association of Australian Medical Research Institutes (AAMRI). He was authorised to make his statement on behalf of the AAMRI.
[32] Professor Hilton has an academic background in molecular biology, and possesses a PhD from the University of Melbourne. 28
[33] He has experience working for MRIs and commercial biotechnology companies. He has participated in or overseen the establishment of multiple commercial biotechnology companies in his time at WEHI including overseeing research conducted in collaboration with CSL. He has also been on the scientific board of a number of MRIs.
[34] Professor Hilton states that the research performed at MRIs is very similar to that performed at commercial organisations. 29 He stated that research scientists at CSL, a commercial organisation, conduct the same types of basic, applied, translational and clinical research as MRIs and the work performed by researchers at these organisations could be described as interchangeable.30
[35] Professor Hilton stated that the same career levels and titles are used by the majority of independent MRIs and the NHRC, 31 and that these descriptions were used in the proposed classifications.
[36] Professor Hilton stated that the descriptors of medical researchers set out in the proposed medical research stream were based on the descriptors for professionals set out in Schedule B of the Award.
[37] He stated the medical research classifications in the medical research stream provide the particular context in which work is performed in an MRI where someone who may be expected to hold higher qualifications and greater national or international recognition than some scientists in other scientific fields, in order to perform work of the same value and level of responsibility.
[38] Professor Hilton made statements about the specific medical research stream levels. We summarise those statements in the following paragraphs.
Level 1 employees - Junior Research Assistants
[39] Professor Hilton stated that having reviewed the Level 1 description in the Professional Employees Award that it describes the work performed by a Junior Research Assistant. He stated that work performed by a Junior Research Assistant is work of limited scope and complexity, such as minor phases of broader assignments, usually in laboratory work. The tasks were the same or similar to those of a Level 1 Professional Scientist at a commercial research organisation such as CSL. Employees without a graduate degree would not be considered ‘researchers’ but would instead be considered technicians.
Level 2 Employees – Research officers and Senior Research Assistants
[40] Professor Hilton stated that in an MRI or commercial research organisation a Level 2 classification of Research Officer or Senior Research Assistant had the same duties of planning and conducting professional work without detailed supervision but with guidance on unusual features. He believed that Level 2 was an accurate description of the duties and level of responsibility undertaken by Research Officers and Senior Research Assistants.
[41] Professor Hilton stated that Research Officers will ordinarily have attained a PhD which is awarded after at least 3 years of independent study and research. He stated that after approximately five years' experience, a Research Assistant will ordinarily have achieved a level of experience sufficient to perform work of an equivalent value to that of a Research Officer, even if they have not obtained a post-graduate degree.
[42] Professor Hilton stated that in his experience a recently qualified post-doctoral scientist and a Senior Research Assistant in commercial research organisations like CSL perform the same duties at the same level of responsibility.
Level 3 – Senior Research Officers and Research Fellows
[43] Professor Hilton stated that he considered a Level 3 Professional in the Professional Employees Award would cover Senior Research Officers and Research Fellows in an MRI or commercial research organisation. He stated employees at this level may make original contributions to their area of research resulting in publications, take a prominent role in the development of research funding proposals for submission to external funding bodies and supervise the work of other professional and technical/support staff among other tasks.
[44] Professor Hilton stated that the duties, and the level of responsibility held by Senior Research Officers and Research Fellows, are similar to the types of work that a scientist at Level 3, Professional Scientist, would perform in a commercial research organisation.
Level 4 – Senior Research Fellows
[45] Professor Hilton stated the he considered a Level 4 Professional equivalent to a Senior Research Fellow in an MRI or commercial research organisation. He stated that a Senior Research Fellow will head a research team, responsible for leadership and research direction of the group and produce significant independent research outputs among other tasks. The Senior Research Fellow’s work, and level of responsibility, is similar to that of Level 4 Professional Scientists in commercial research organisations.
Level 5
[46] Professor Hilton provided evidence that MRIs and the NHMRC recognise the positions of Principal Research Fellow and Senior Principal Research Fellow as above the Senior Research Fellow (equivalent to a Level 4 classification). 32
[47] Professor Hilton stated that while the Principal Research Fellow and Senior Principal Research Fellow positions met the definition of Level 4, their work was of greater value to an employer. 33
[48] These researchers were described as leading international authorities in their research area, playing a leading role in their organisation and in the medical research community and exceptional in their interaction with the private sector. In an MRI, such as WEHI, researchers who are Division Heads may have achieved this level.
[49] He stated that these roles undertook more complex and vital duties than a Senior Research Fellow, such as:
(i) Head a large research division, with responsibility for significant research projects and the leadership and research direction of the unit
(ii) Develop significant original, innovative, high quality and internationally recognised research
(iii) Produce substantial published works in high impact internationally recognised journals
(iv) Contribute to the research policy, strategy and management of the MRI
(v) Make internationally recognised contributions to health and research policy
(vi) Provide leadership in community affairs, particularly those related to the discipline, in professional, commercial, industrial and community sectors, where appropriate.
(vii) Form partnerships with leading international companies to assist in the commercialisation of the medical research
(viii) Lead the implementation of medical research findings, including within healthcare settings and/or through public health interventions
(ix) Develop significant national and international professional linkages, including membership of eminent Societies, and enhance the profile of the Institute and the field of study within the scientific and general communities
(x) Undertake peer reviewed activities, including appointment to expert peer review committees.
(xi) Appointed to senior editorial positions for leading internationally recognised publications.
(xii) Lead the development of conference papers and present as a keynote speaker at international forums
(xiii) Undertakes a range of administrative functions including leading the development of large research funding proposals, manages budgets
(xiv) Responsible for the maintenance and renewal of significant research funding within the institute
(xv) Provides career mentorship to other researchers.
[50] Professor Hilton stated that the salary support packages provided by the NHMRC for a Principal Research Fellow was 21% higher than that provided for a Senior Research Fellow A.
CONSIDERATION
[51] In the Equal Remuneration Decision 2015 34, the Commission gave guidance on establishing a minimum rate of pay at an appropriate work value:
‘[274] The modern awards regime in the FW Act therefore involves the establishment of minimum wages which take into account work value. If it is considered that the minimum rate for any classification in a modern award does not properly take into account the value of the work performed by employees in that classification - that is, that the work is ‘undervalued’ by the modern award - then an application may be made to the Commission in the circumstances prescribed by ss.156(3) or 157(2) by an employer, employee or organisation covered by the relevant modern award, or an organisation that is entitled to represent the industrial interests of one or more employers or employees covered by the modern award, to vary that modern award to rectify the perceived undervaluation.’
[52] The Pastoral Award Decision [2015] FWCFB 8810 provides some guidance on the Commission’s approach in determining work value:
‘[49] The factors identified in s.156(4) are consistent with the considerations which have historically informed work value assessments by the Commission and predecessor tribunals. Such assessments call for the exercise of broad judgment. As Munro J observed in Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v HPM Industries
‘…experience of work value cases suggests that work value equivalence is a relative measure, sometimes dependent upon an exercise of judgment. A history of such cases would disclose that a number of evaluation techniques have been applied for various purposes and with various outcomes from time to time.’’’
(footnotes omitted)
[53] A more recent Full Bench decision relating to the Pharmacy Award 2010 ([2018] FWCFB 7621) set out a detailed historical background relating to the statutory framework and assessment of work value. That Full Bench set out a number of propositions relating to the proper application of s.156(3) and (4) as follows:
‘[163] It is against that background that the way in which s 156(3) and (4) are properly to be construed and applied may be considered. A number of propositions may be stated in that context. The first is that the effect of s 156(3) is to establish a jurisdictional prerequisite for the exercise of power to vary minimum wages in a modern award in the conduct of a 4 yearly review of modern awards, namely the reaching of a state of satisfaction on the part of the Commission that the variation is “justified by work value reasons”.
[164] Second, because the jurisdictional prerequisite is expressed in terms of the Commission’s “satisfaction” concerning whether a variation is “justified” by the prescribed type of reasons - a requirement which involves an element of subjectivity and about which reasonable minds may differ - it requires the formation of a broad evaluative judgment involving the exercise of a discretion.
[165] Third, the definition of “work value reasons” in s 156(4) requires only that the reasons justifying the amount to be paid for a particular kind of work be “related to any of the following” matters set out in paragraphs (a)-(c). The expression “related to” is one of broad import that requires a sufficient connection or association between two subject matters. The degree of the connection required is a matter for judgment depending on the facts of the case, but the connection must be relevant and nor remote or accidental. The subject matters between which there must be a sufficient connection are, on the one hand, the reasons for the pay rate and, on the other hand, any of the three matters identified in paragraphs (a)-(c) – that is, any one or more of the three matters.
[166] Fourth, although the three matters identified - the nature of the work, the level of skill or responsibility involved in doing the work, and the conditions under which the work is done - clearly import the fundamental criteria used to assess work value changes under the wage fixing principles which operated from 1975 to 1981 and 1983 to 2006, the legislature in enacting s 156(4) chose not to import the additional requirements contained in those wage-fixing principle. For example, as was observed in the Equal Remuneration Case 2015, s 156(4) does not contain any requirement that the work value reasons consist of identified changes in work value measured from a fixed datum point. The Full Bench in that matter said:
“[292] … We see no reason in principle why a claim that the minimum rates of pay in a modern award undervalue the work to which they apply for gender-related reasons could not be advanced for consideration under s 156(3) or s 157(2). Those provisions allow the variation of such minimum rates for ‘work value reasons’, which expression is defined broadly enough in s 156(4) to allow a wide-ranging consideration of any contention that, for historical reasons and/or on the application of an indicia approach, undervaluation has occurred because of gender inequity. There is no datum point requirement in that definition which would inhibit the Commission from identifying any gender issue which has historically caused any female-dominated occupation or industry currently regulated by a modern award to be undervalued. The pay equity cases which have been successfully prosecuted in the NSW and Queensland jurisdictions and to which reference has earlier been made were essentially work value cases, and the equal remuneration principles under which they were considered and determined were likewise, in substance, extensions of well-established work value principles. It seems to us that cases of this nature can readily be accommodated under s 156(3) or s 157(2). Whether or not such a case is successful will, of course, depend on the evidence and submissions in the particular proceeding.”
[167] Likewise, s 156(4) did not incorporate the test in the wage-fixing principles that the change in the nature of work should constitute such a significant net addition to work requirements as to warrant the creation of a new classification. In substance, section 156(3) and (4) leave it to the Commission to exercise a broad and relatively unconstrained judgment as to what may constitute work value reasons justifying an adjustment to minimum rates of pay similar to the position which applied prior to the establishment of wage fixing principles in 1975.
[168] Fifth, it would be open to the Commission have regard, in the exercise of its discretion, to considerations which have been taken into account in previous work value cases under differing past statutory regimes. For example, although as already stated s.156(4) contains no requirement for the measurement of work value changes from a fixed datum point, we consider it likely that the Commission would usually take into account whether any feature of the nature of work, the level of skill or responsibility involved in performing the work or the conditions under which it is done has previously been taken into account in a proper way (that is, in a way which is free of gender bias and any other improper considerations) in assessing wages in the relevant modern award or its predecessor in order to ensure that there is no “double counting”. Likewise, we consider that the considerations referred to in paragraph [190] of the ACT Child Care Decision, which we have earlier quoted, may be of relevance in particular cases, as may considerations in other authoritative past work value cases.
[169] Finally, even if the jurisdictional prerequisite in s 156(3) is satisfied, it remains the case that the Commission must, as required by s 138, ensure that the inclusion of the varied minimum wages term in the relevant modern award would be necessary to achieve the modern awards objective and the minimum wages objective. In this connection, it may be noted that the Full Bench in 4 yearly review of modern awards - Real Estate Industry Award 2010 said that where the wage rates in a modern award have not previously been the subject of a proper work value consideration, there can be no implicit assumption that at the time the award was made its wage rates were consistent with the modern awards objective.’ (footnotes omitted)
[54] The evidence of Professor Hilton establishes that the nature, level of skill, responsibility involved and the conditions under which the work is done as a Principal Research Fellow and Senior Principal Research Fellow justifies that the amount these employees should be paid should be increased.
[55] The expectations on employees at the Principal Research Fellow and Senior Principal Research Fellow level to produce significant original research, head research divisions and form partnerships with leading international companies to assist in the commercialisation of medical research are commensurate with a higher value.
[56] We are satisfied that the variation proposed is justified by work value reasons. We now turn to the minimum wages objective in determining the varying of modern award minimum wages 35 to ‘establish and maintain a safety net of fair minimum wages’, taking into account the matters in s.284(1)(a) to (e).
[57] The consideration of these factors in a work value decision was made in the Pastoral Award Decision at [61]. Similarly to the findings in the Pastoral Award Decision, we are not persuaded ss.284(1)(b), (c), (d) and (e) are relevant to the variation of this issue.
[58] We are satisfied that s.284(1)(a) does not weigh against the variation of the Principal Research Fellow and Senior Principal Research Fellow level. Section 284(1(a) is set out as follows:
‘(a) the performance and competitiveness of the national economy, including productivity, business competitiveness and viability, inflation and employment growth . . .’
[59] We must also assess the fair minimum wage of the Level 5 classification against the s.134 considerations. The s.284(1) and s.134(1) considerations are substantially the same with the following provisions expressed in the same terms:
●relative living standards and the needs of the low paid (s.134(1)(a) and s.284(1)(c));
●the need to promote social inclusions through increased workforce participation (s.134(1)(c) and s.284(1)(b)); and
●the principle of equal remuneration for work of equal or comparable value (s.134(1)(e) and s.284(1)(d)).
[60] We are satisfied that ss.134(1)(a), (c), (d). (da), (e) and (g) are not relevant to this issue.
[61] We are satisfied that s.134(1)(f) and (h), similar to the s.284(1)(a) considerations, do not weigh against the variation of the Principal Research Fellow and Senior Principal Research Fellow levels and minimum wage classifications.
[62] Taking into account the submissions of the parties and the additional evidence of Professor Hilton we are satisfied that the proposed medical research industry stream variation is justified by work value reasons. We propose to insert the stream into the award, and propose to make the additional changes sought by AAMRI and APESMA as set out in their amended draft determination filed on 27 April 2018.
[63] We are satisfied that by varying the Professionals Award in the manner outlined will ensure the award meets the modern awards objective as set out in s.134 of the Act.
[64] A variation determination giving effect to our decision will be issued concurrently with this decision.
VICE PRESIDENT
Appearances:
K McAlpine for the National Tertiary Education Industry Union and the Community and Public Sector Union
L Gale for the National Tertiary Education Industry Union and the Community and Public Sector Union
N Ruskin for the Association of Australian Medical Research Institutes
M Butler for the Association for Professional Engineers, Scientists and Managers, Australia
Hearing details:
2017.
Melbourne:
March, 29, 30
2016.
Melbourne;
July, 22, 27, 28
Final written submissions:
AAMRI and APESMA, 15 May 2018
NTEU, 24 May 2018
Printed by authority of the Commonwealth Government Printer
<PR704335>
1 [2018] FWCFB 797 at [219]
2 [2018] FWCFB 797 at [219]
3 [2018] FWCFB 797 at [222]
4 AAMRI and APESMA submission, 27 April 2018, draft determination, p18
5 AAMRI and APESMA submission, 4 July 2016, Attachment 2 cited in [2018] FWCFB 797 at [23]
6 [2018] FWCFB 797 at [228]
7 Section 156 of the Act was repealed by the Fair Work Amendment (Repeal of 4 Yearly Review and Other Measures) Act 2018 (Cth). Clause 26 of Schedule 4 of the Amendment Act sets out the requirement to review a modern award continues to apply where the review commenced, and was not completed, before 1 January 2018.
8 [2018] FWCFB 797 at [229]
9 AAMRI and APESMA correspondence, 15 May 2018
10 NTEU correspondence, 24 May 2018
11 [2018] FWCFB 797 at [227]
12 s.135(1)(a) Fair Work Act 2009 (Cth)
13 s.284(2) Fair Work Act 2009 (Cth)
14 s.284(1)(e) Fair Work Act 2009 (Cth)
15 AAMRI and APESMA submission, 3 February 2017, p. 47
16 AAMRI and APESMA submission, 27 April 2018, p.4
17 AAMRI and APESMA submission, 27 April 2018
18 AAMRI and APESMA submission, 27 April 2018, para 19
19 AAMRI and APESMA submission, 27 April 2018, para 26
20 AAMRI and APESMA submission, 27 April 2018, draft determination, p18
21 AAMRI and APESMA submission, 3 February 2017, para 57
22 AAMRI and APESMA submission, 3 February 2017, para 58
23 AAMRI and APESMA submission, 27 April 2018,
24 AAMRI and APESMA submission, 27 April 2018, para 24
25 AAMRI and APESMA submission, 27 April 2018
26 NTEU submission, 11 May 2018
27 AiG submission, 27 February 2018, p.2
28 AAMRI and APESMA submission, 11 March 2016, para 4
29 AAMRI and APESMA submission, 27 April 2018, para 10
30 AAMRI and APESMA submission, 27 April 2018, para 12
31 AAMRI and APESMA submission, 27 April 2018, para 14
32 Statement, Douglas Hilton, 27 April 2018, para 53
33 Statement, Douglas Hilton, 27 April 2018, para 55
35 s.282(2) Fair Work Act 2009 (Cth)