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

4 yearly review of modern awards
(AM2014/198 and others)

4 yearly review of modern awards – award stage – Group 2 awards.

[1] Under s.156 of the Fair Work Act 2009 (the Act) the Fair Work Commission (the Commission) is required to review all modern awards every four years. In a statement issued on 17 March 2014 1 the Commission stated that the first 4 yearly review of modern awards (the Review) would comprise an Initial stage, dealing with jurisdictional issues, a Common Issues stage and an Award stage. A decision issued on 17 March 20142 determined a number of jurisdictional issues and defined the scope of the Review.

[2] The Award stage of the Review deals with award specific issues in the 122 modern awards. The modern awards have been divided into 4 groups and proceedings in relation to Group 1 awards has commenced, with hearings being held on 23 and 24 October 2014, and further hearings to be held on 17, 18 and 19 November 2014. To enhance the efficiency of the process, and to better meet the needs of the parties, the awards within each group are broken down into sub-groups. Proceedings in relation to the Group 2 awards commenced with an initial conference on 23 October 2014.

[3] This Statement outlines the sub-groupings for Group 2 awards and sets out a timeline for the identification of relevant issues for each award, the release of exposure drafts, the filing of written submissions and hearing dates.

[4] At the conference on 23 October 2014, the parties proposed sub-groupings for Group 2 awards. The proposed groupings are set out at Attachment A.

[5] A conference will be held on 2 December 2014 commencing at 9.00 am in relation to Group 2 awards. Prior to this conference, parties are to submit a written outline setting out the variations they wish to pursue in relation to any awards in Group 2, by no later than 4:00 pm on 25 November 2014 (see the timeline for making submissions at Attachment B).

[6] The conference on 2 December 2014 will identify variations sought and the extent of any agreement in relation to those variations. A document summarising the issues each party wishes to raise in relation to Group 2 awards will be published by the Commission following the conference.

[7] Exposure drafts for Group 2 awards will be published in accordance with the timeline set out at Attachment B. Parties will then be given the opportunity to make written submissions and submissions in reply. After this process, the awards will be called on for a Mention to finalise the programming for the hearings. Hearings will be listed in March 2015 where parties will be given the opportunity to make submissions regarding both the technical aspects of the exposure drafts and the substantive variations they wish to pursue. Some awards or issues may be dealt with by other Full Benches.

[8] The Commission’s website will continue to be used extensively throughout the Review. Parties who have not already done so are encouraged to subscribe to the award matters notification service to be kept informed of the progress of this Review.

PRESIDENT

ATTACHMENT A—Group 2 awards divided by sub-group

ATTACHMENT B—Timeline for award stage – Group 2 awards

* A detailed timetable and notice of listing for the 2 December 2014 conference will be issued in due course.

** A detailed timetable and notices of listing for the Mention and Hearings will be issued in due course.

 1   [2014] FWC 1790.

 2   [2014] FWCFB 1788.

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