STATEMENT

Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Application to vary the Vehicle Repair, Services and Retail Award 2020
(AM2020/94)

Application to vary modern award to achieve the modern awards objective – Schedule I – Award flexibility during the COVID-19 Pandemic.

[1] On 11 May 2020, we issued a Decision 1 granting an application filed by the Victorian Automobile Chamber of Commerce, the Motor Trade Association of South Australia Inc, the Motor Traders Association of New South Wales, the Motor Trades Association of Queensland Industrial Organisation of Employers and Ai Group to insert a new schedule, Schedule J – Award flexibility during the COVID-19 Pandemic, into the Vehicle Repair, Services and Retail Award 2020 (the Vehicle Award) (note Schedule J has been renumbered and is now Schedule I). The application was supported by the Australian Chamber of Commerce and Industry, the Australian Automotive Dealer Association and the Motor Trade Association of Western Australia and was also consented to by the Australian Manufacturing Workers Union, the Shop Distributive and Allied Employees Association and the Australian Council of Trade Unions. Schedule I came into operation on 11 May 2020 and was originally due to cease operation on 30 June 2020.

[2] Since the 11 May 2020 decision, 3 applications to extend the operation of Schedule I have been granted. 2 The Schedule is currently due to cease operation on 30 September 2020.

[3] On 18 September 2020, Eagers Automotive made an application to vary the Vehicle Award to extend the operation of Schedule I to 29 March 2021 or a ‘suitable date deemed reasonable by the Fair Work Commission under the current pandemic conditions’.

[4] A conference was convened today before Deputy President Masson to discuss the application to vary Schedule I. The Conference was attended by:

•  Mr C. Dyer and Ms S. Tarman for Eagers Automotive

•  Mr C. Morey for Motor Trade Assoc SA

•  Mr L. Izzo and Ms T. Lawrence for the Australian Chamber of Commerce and Industry

•  Mr D. Hodges for the Victorian Automobile Chamber of Commerce

•  Mr H. Harrington for Ai Group

•  Ms S. Ismail and Mr G. Van Rensburg for the Australia Council of Trade Union

•  Ms S. Burnley for the Shop, Distributive and Allied Employees Association

•  Mr D. Smith for the Australian Manufacturers Workers Union

[5] The Deputy President has advised that the parties present at the conference have agreed to a variation of the Vehicle Award to provide that the operation of Schedule I be extended until 30 November 2020.

[6] In accordance with the consent position at today’s conference, it is our provisional view that the operation of Schedule I in the Vehicle Award be extended until 30 November 2020. A draft variation determination giving effect to that provisional view is set out at Attachment A.

[7] Any submission opposing our provisional view must be filed by no later that 12noon on Tuesday 29 September 2020.

[8] If no submissions are filed opposing our provisional view, we will issue a variation determination in the same terms as the draft determination at Attachment A.

[9] If any submissions are filed opposing our provisional view then a hearing will take place at 2pm on Wednesday, 30 September 2020, by telephone. Parties wishing to appear at the hearing are to provide the name, direct number and organisation by 4 pm on Tuesday 29 September 2020 to chambers.ross.j@fwc.gov.au.

[10] In the event that no submissions are filed opposing our provisional view then the hearing proposed for 2pm on Wednesday, 30 September 2020 will not be necessary and will be vacated.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Attachment A – draft variation determination

MA000089  PRXXXXXX

DRAFT DETERMINATION

Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Application to vary the Vehicle Repair, Services and Retail Award 2020
(AM2020/94)

Vehicle Repair, Services and Retail Award 2020
[MA000089]

Application to vary modern award to achieve the modern awards objective – Schedule I – Award flexibility during the COVID-19 Pandemic.

A. Further to the decision [[2020] FWCFB XXXX] issued by the Full Bench on XX September 2020, the above award is varied as follows:

1. By deleting the words “30 September 2020” in clause I.1.2 and inserting “30 November 2020”.

2. By deleting the words “30 September 2020” in clause I.1.3 and inserting “30 November 2020”.

3. By deleting the words “30 September 2020” in clause I.3.5 and inserting “30 November 2020”.

B. This determination comes into operation on XX September 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after XX September 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

 1   [2020] FWCFB 2367

 2   [2020] FWCFB 3146, [2020] FWCFB 4018 and [2020] FWCFB 4598