STATEMENT

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

4 yearly review of modern awards – Plain language re-drafting – Fitness Industry Award 2010
(AM2016/15, AM2014/227)

4 yearly review of modern awards – plain language re-drafting – Fitness Industry Award 2010.

[1] This Statement concerns an outstanding claim relating to the Job search entitlement clauses (clauses 14.2 and 14.3, previously clause 14.3) in the Fitness Industry Award 2010 (Fitness Award).

[2] During award stage proceedings, the Australian Swim Schools Association (ASSA) submitted that clause 14.3 of the Fitness Award is ambiguous to the extent that it is unclear if the entitlement applies to casual employees. 1 The ASSA submitted the ambiguity may be resolved by varying the clause to clearly state if the entitlement applies or does not apply to casual employees.

[3] In a Decision 2 issued on 18 July 2018 the Plain Language Full Bench finalised Standard Clause E — Termination of Employment and expressed the provisional view that all modern awards should be varied to insert the clause to achieve the modern awards objective. In a Statement3 issued on 1 October 2018 the Commission confirmed the majority of modern awards, including the Fitness Award, would be varied to incorporate Standard Clause E.

[4] A Statement 4 regarding ASSA’s claim (outlined at paragraph [2] above) was published on 28 February 2019. That Statement noted that ASSA was to advise the Commission if it wished to press its claim, by 4.00pm, Friday 15 March 2019. No correspondence has been received by ASSA. Accordingly, we will proceed on the basis that ASSA’s claim is not pressed.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   ASSA Submission, 4 August 2016.

 2   [2018] FWCFB 4177.

 3   [2018] FWC 6091.

 4   [2019] FWCFB 1047