[2015] FWC 7253

Attachment A has been replaced in the attached document previously issued with the above code on 21 October 2015.

The reference to the Education Services (Teachers) Award 2010 has been moved from sub-group 4C to sub-group 4A on page 6. The hyperlinks have also been corrected.

Trudy Jones

Member Support Research Team on behalf of the President, Justice Ross

Dated 23 October 2015

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

4 yearly review of modern awards—Group 3 and 4 awards
(AM2014/217 and others)

4 yearly review of modern awards – award stage – Group 3 and 4 awards

[1] Under s.156 of the Fair Work Act 2009 (the FW Act) the Fair Work Commission (the Commission) is required to review all modern awards every four years. In the Award stage of the Review the 122 modern awards have been divided into 4 groups with the awards allocated to Groups 3 and 4 listed at Attachment A to this Statement. The purpose of this Statement is to deal with the programming for the 73 awards being dealt with in Groups 3 and 4.

[2] The review of Group 3 and 4 awards commenced with conferences on 18 November 2014. In a Statement 1 issued on 23 January 2015 parties were directed to identify the nature of any changes they intended to propose during the review of the Group 3 and 4 awards and more than a hundred submissions were filed. Since that time, a number of threshold issues have been determined during proceedings in relation to the review of the Group 1 awards2. The review of awards in Group 1 is nearing completion and progress has been made with the Group 2 awards following hearings on 7 October 2015. Based on the outcome of the decisions for the Group 1 awards, the Commission will now prepare exposure drafts for the remaining awards.

Group 3

[3] On 30 March 2015, conferences were held in relation to the Group 3 awards and summaries of the proposed variations were subsequently published on the Commission website. Upon request, award specific conferences were held for the following Group 3 awards:

(i) Pastoral Award 2010 (AM2014/239)

(ii) Wine Industry Award 2010 (AM2014/249)

(iii) Ports, Harbours and Enclosed Water Vessels Award 2010 (AM2014/241)

(iv) Seagoing Industry Award 2010 (AM2014/243)

[4] Following the conferences Reports to the Full Bench were published on the respective award pages. The issues in the Pastoral Award 2010 have been resolved by consent and the proposed variation determinations will be considered by a Full Bench in December 2015.

Substantive claims

[5] Substantive claims in relation to the following Group 3 awards have been referred to separate Full Benches and allocated a unique matter number:

(i) AM2015/6 re the Education group awards:

• Educational Services (Post-Secondary Education) Award 2010



• Educational Services (Schools) General Staff Award 2010



• Higher Education Industry—Academic Staff—Award 2010



• Higher Education Industry—General Staff—Award 2010

(ii) AM2015/7 re State Government Agencies Award 2010. This matter was determined in [2015] FWCFB 4960.

[6] As outlined in paragraph [2] parties have already had an opportunity to file submissions outlining any claims seeking changes to entitlements or obligations under a Group 3 or 4 award. These claims are published on the relevant award pages on the Commission’s website.

[7] Any parties wishing to make additional substantive claims should file a written outline of submissions in relation to the claims or variations being pursued by 4.00 pm on Thursday 12 November 2015. Substantive claims in relation to particular awards may be referred to separately constituted Full Benches. Any issue that is referred to a separate Full Bench will be the subject of directions issued by that Full Bench.

[8] Exposure drafts will be published in two tranches in order to balance the workload of the Commission and parties. The drafting and technical issues in the Group 3 awards will be dealt with by the core Review Full Bench. Exposure drafts based on the Group 3A and 3B awards will be published on the relevant award pages on the Commission’s website by mid-December, with the Group 3C and 3D exposure drafts published by mid-January 2016.

[9] Parties are asked to file comprehensive written submissions on any drafting or technical issues arising from these exposure drafts in accordance with the directions at Attachment B.

Group 4

[10] While initial submissions were made in relation to substantive claims in the Group 4 awards in March 2015, various parties requested that the Group 4 awards be dealt with in 2016 due to the workload associated with the Penalty Rates (AM2014/305) and Public Holidays (AM2014/301) matters 3. Accordingly, no further action has occurred in relation to this group of awards.

[11] Summaries of the submissions received to date will be published on the Commission website and parties will be given a further opportunity to file additional substantive claims. Parties should file a written outline of submissions in relation to any further substantive claims or variations being pursued in the Group 4 awards by Thursday 12 November 2015. Substantive claims in relation to particular awards may be referred to separately constituted Full Benches. Any issue that is referred to a separate Full Bench will be the subject of directions issued by that Full Bench.

[12] The drafting and technical issues in the Group 4 awards will be dealt with by the core Review Full Bench in two tranches in order to balance the workload of the Commission and parties – the two tranches are Groups 4A to C and Groups 4D to F 4. Exposure drafts based on the awards in Group 4A to C will be published by mid-March 2016 with the Group 4D to F exposure drafts published by mid-April.

Clerks and Legal Services awards

[13] In the Guide to Award Stage 5 published on 16 June 2014, the Commission proposed combining the Clerks—Private Sector Award 2010 and the Legal Services Award 2010 due to the uniformity of their provisions. In submissions and during the mention on 30 March 20156 a number of parties opposed the proposed amalgamation. Two separate exposure drafts will be prepared for these awards but parties are asked to consider the benefits of merging these two awards.

Timeline

[14] Draft directions are attached to this Statement (see Attachment B). Interested parties are invited to comment on the draft directions by no later than 4.00pm on Thursday 29 October 2015. Any comments are to be forwarded to [email protected]. Final directions will be issued on Monday 2 November 2015.

[15] Throughout the Review, parties are encouraged to have discussions among themselves with a view to narrowing the issues to be determined by the Full Bench and to present a common view on the draft directions. If at any stage during the process parties would be assisted by a conference facilitated by a Member of the Commission, they are to write to [email protected].

PRESIDENT

ATTACHMENT A

Group 3 awards divided by sub-group

Group 4 awards divided by sub-group¹

¹ The Group 4A to C awards will be dealt with in one tranche;

with the Group 4D to F awards in the other tranche.

² Group 4E has been renamed as Group 4C, the original Group 4C is now Group 4E.

ATTACHMENT B—Draft Directions – Groups 3 and 4 awards

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

4 yearly review of modern awards – Group 3 and 4 awards
(AM2014/217 and others)

It is directed that:

Groups 3 and 4

1. On or before 4.00 pm on Thursday 12 November 2015 each interested party is to file in the Commission:

● a written outline of submissions in relation to any additional substantive claims or variations being pursued in the Group 3 and 4 awards. The written outline should identify the scope of any evidentiary material that is to be filed and indicate whether the matter should be referred to a separately constituted Full Bench.

2. A further mention will be listed for 10.00 am on Monday 14 December 2015 to discuss any additional substantive issues in Group 3 awards and discuss substantive issues and scheduling for Group 4 awards.

Group 3

3. On or before 4.00 pm on Thursday 10 March 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in Group 3.

4. On or before 4.00 pm on Thursday 7 April 2016 each interested party is to file in the Commission comprehensive written submissions in reply to the technical and drafting issues related to exposure drafts in Group 3.

5. The Group 3 technical and drafting matters will be listed for hearing before a Full Bench on 2–3 May 2016.

Group 4A to 4C

5. On or before 4.00 pm on Thursday 12 May 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in Groups 4A, 4B and 4E.

6. On or before 4.00 pm on Thursday 23 June 2016 each interested party is to file in the Commission comprehensive written submissions in reply to the technical and drafting issues related to exposure drafts in Groups 4A, 4B and 4C.

7. The sub-group 3C and 3D matters will be listed for hearing before a Full Bench on xx July 2016.

Group 4D to F

8. On or before 4.00 pm on Thursday 7 July 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in Groups 4D, 4E and 4F.

9. On or before 4.00 pm on Thursday 18 August 2016 each interested party is to file in the Commission comprehensive written submissions in reply to the technical and drafting issues related to exposure drafts in Groups 4D, 4E and 4F.

10. The sub-group 3C and 3D matters will be listed for hearing before a Full Bench on xx September 2016.

11. Leave is granted to apply generally.

12. All material should be sent to [email protected].

PRESIDENT

 1   [2015] FWC 618

 2   [2014] FWCFB 9412, [2015] FWCFB 4658, [2015] FWCFB 6656

 3   Transcript, Public Holidays – 13 March 2015 at paras 31–43

 4   The sub group of awards previously identified as 4E, is now group 4C, while the sub group of awards previously identified as 4C is now group 4E.

 5   Guide to Award Stage, 16 June 2014 at paragraph 67

 6   Transcript 30 March 2015, paragraphs 68–78

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