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 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 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 held on Friday 25 September 2020 to discuss the Eagers Automotive application. The parties present at the conference agreed to extend the operation of Schedule I until 30 November 2020.

[5] On 25 September 2020, we released a Statement 3 in which we expressed the provisional view that, consistent with the agreement reached at the conference, 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 was set out at Attachment A to the Statement.

[6] Any submission opposing our provisional view was to be filed by no later than 12noon on Tuesday 29 September 2020.

[7] In our Statement of 25 September 2020, we made it clear that if no submissions were filed opposing our provisional view, we would issue a variation determination in the same terms as the draft determination set out at Attachment A to the Statement. No such submissions have been received.

[8] We confirm our provisional view. We are satisfied that the variation proposed is necessary to achieve the modern awards objective and in so deciding we have taken into account the considerations in s.134(1)(a) to (h), insofar as they are relevant. Once varied, the Vehicle Award will only include terms to the extent necessary to achieve the modern awards objective.

[9] The variation determination giving effect to our decision is attached.

[10] The hearing proposed for 2pm on Wednesday, 30 September 2020 is no longer necessary and will be vacated.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR723141>

Attachment –variation 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 5194] issued by the Full Bench on 29 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 29 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 29 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

 3   [2020] FWCFB 5175