| [2019] FWCFB 6861 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 14 OCTOBER 2019 |
4 yearly review of modern awards – finalisation of exposure drafts – tranche 2 awards.
[1] On 2 September 2019, we issued a decision 1 (the September 2019 decision) providing an overview of the status of the first 4 yearly review of modern awards and setting out the process for finalising the exposure drafts and the consequent variation of each award.
[2] This decision deals with the process for finalising exposure drafts and consequent award variations in Tranche 2. The exposure drafts in Tranche 2 are listed at Attachment A to this decision. Two awards previously in Tranche 2 have been transferred to Tranche 3, namely the Live Performance Award 2010 and the Aircraft Cabin Crew Award 2010.
[3] The Tranche 2 exposure drafts will be published by close of business on Monday, 14 October 2019. Each revised Tranche 2 exposure draft will be published using the tracked changes function so the changes are easily identifiable by interested parties.
[4] In the September 2019 decision at [28] we set out a series of amendments that had been made to the exposure drafts since they were last published throughout February and March 2019. In addition to those changes, the following amendments have been made to the Tranche 2 exposure drafts:
• Re-inserting the current award clauses in relation to casual conversion for those awards that had pre-existing casual conversion clauses prior to the determination of AM2014/197.
• Deleting all tables in the wages schedules that relate to overtime for casual employees where that issue is currently before the Full Bench in AM2017/51.
• Removing the word ‘ordinary’ from ‘the reference to ‘ordinary hours’ in relation to the casual loading where the current award does not limit the application of the loading to ordinary hours.
[5] A large number of decisions have been issued as part of the 4 yearly review of modern awards. A list of these decisions is set out at Attachment B to this decision.
[6] It is our provisional view that the variation of the modern awards in Tranche 2 in accordance with the draft variation determinations set out at Attachment C is, in respect of each of these awards, is necessary to achieve the modern awards objective. In reaching that conclusion we have adopted the reasons set out in the decisions at Attachment B insofar as they are relevant to each of the awards in tranche 2 and, in particular, to the considerations in ss.134(1)(a) to (h), which are addressed in each of those decisions.
[7] Interested parties are invited to comment on our provisional view and the Tranche 2 exposure drafts in accordance with the timetable below.
[8] Submissions are to be filed by no later than 4:00 pm on 25 November 2019. Submissions in reply are to be filed by no later than 4:00 pm on 9 December 2019. All submissions must be sent electronically to [email protected]. An oral hearing will take place at 9:30 am on Wednesday 18 December 2019.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR713020>
LIST OF ATTACHMENTS
A. List of exposure drafts in tranche 2
B. List of decisions issued as part of the 4 yearly review of modern awards
C. Draft variation determinations
ATTACHMENT A - List of exposure drafts in tranche 2
Group |
Exposure draft title |
4A |
Aboriginal Community Controlled Health Services Award |
4B |
Airline Operations—Ground Staff Award |
4B |
Air Pilots Award |
4B |
Airport Employees Award |
2A |
Alpine Resorts Award |
4C |
Architects Award |
1B |
Asphalt Industry Award |
1A |
Cleaning Services Award |
3A |
Clerks—Private Sector Award |
3A |
Commercial Sales Award |
1B |
Concrete Products Award |
3A |
Contract Call Centres Award |
3B |
Educational Services (Schools) General Staff Award |
3B |
Educational Services (Post-Secondary Education) Award |
4F |
Dry Cleaning and Laundry Industry Award |
1E |
Gas Industry Award |
3B |
Higher Education Industry—Academic Staff—Award |
3B |
Higher Education Industry—General Staff—Award |
4F |
Hospitality Industry (General) Award |
4C |
Hydrocarbons Field Geologists Award |
3A |
Labour Market Assistance Industry Award |
3B |
Local Government Industry Award |
4F |
Mannequins and Models Award |
1C |
Manufacturing and Associated Industries and Occupations Award |
1E |
Maritime Offshore Oil and Gas Award |
1C |
Meat Industry Award |
3D |
Pastoral Award |
2C |
Passenger Vehicle Transportation Award |
1C |
Pharmaceutical Industry Award |
1C |
Poultry Processing Award |
1E |
Professional Diving Industry (Industrial) Award |
1E |
Professional Diving Industry (Recreational) Award |
1D |
Rail Industry Award |
4F |
Restaurant Industry Award |
2C |
Road Transport (Long Distance Operations) Award |
2C |
Road Transport and Distribution Award |
1D |
Stevedoring Industry Award |
2A |
Storage Services and Wholesale Award |
2C |
Transport (Cash in Transit) Award |
1C |
Vehicle Manufacturing, Repair, Services and Retail Award |
2C |
Waste Management Award |
ATTACHMENT B - List of decisions issued as part of the 4 yearly review of modern awards
Citation |
Description |
Members |
Date |
Plain language re-drafting - standard clauses - determination of various issues |
Ross J, Hatcher VP, Hunt C |
09/10/2019 | |
Award stage - Live Performance Award - substantive claims |
Sams DP, Bull DP, Cambridge C |
09/10/2019 | |
Common issue - overtime for casuals |
Hatcher VP, Kovacic DP, Bull DP |
08/10/2019 | |
Award stage - Airline Operations Award - substantive issues - overtime for shiftworkers |
Catanzariti VP Asbury DP Cambridge C |
04/10/2019 | |
Fast Food Industry Award 2010 - Award stage - substantive issues |
Ross J, Masson DP, Lee C |
01/10/2019 | |
Common issue - payment of wages - payment on termination of employment - Aluminium Award |
Ross J, Gostencnik DP, Clancy DP, Lee C, Hunt C |
25/09/2019 | |
Common issue - plain language re-drafting - standard clauses - award specific matters |
Ross J, Hatcher VP, Hunt C |
25/09/2019 | |
Common issue - plain language project – determination of various issues |
Ross J, Hatcher VP, Hunt C |
25/09/2019 | |
Architects Award - substantive issues |
Gostencnik DP, Masson DP, Cirkovic C |
12/09/2019 | |
Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010 – substantive issues – outstanding matters |
Ross J, Masson DP, Lee C |
06/09/2019 | |
Common issue - payment of wages - payment on termination of employment |
Ross J, Gostencnik DP, Clancy DP, Lee C, Hunt C |
04/09/2019 | |
Award stage - group 4 - substantive issues - Social, Community, Home Care and Disability Services Industry Award |
Ross J, Clancy DP, Lee C |
02/09/2019 | |
Finalisation of exposure drafts - newly constituted Full Bench |
Ross J, Clancy DP, Bissett C |
02/09/2019 | |
Award stage – group 4 awards – substantive issues – Aged Care Award 2010 |
Ross J, Clancy DP, Lee C |
26/08/2019 | |
Common issue - payment of wages - payments on termination of employment |
Ross J, Gostencnik DP, Clancy DP, Lee C, Hunt C |
23/08/2019 | |
4 yearly review of modern awards – training costs – training arrangements for trainees |
Gostencnik DP, Clancy DP, Harper-Greenwell C |
21/08/2019 | |
4 yearly review of modern awards – plain language project – determination of various issues |
Ross J, Hatcher VP, Hunt C |
20/08/2019 | |
Award stage - Funeral Industry Award - substantive issues determined |
Sams DP, Bull DP, Cambridge C |
5/08/2019 | |
Silviculture Award - allowances |
Ross J, Clancy DP, Johns C |
29/07/2019 | |
Common issue - payment of wages - payments on termination - outstanding awards |
Ross J, Gostencnik DP, Clancy DP, Lee C, Hunt C |
26/07/2019 | |
Leave to deal with family and domestic violence model term – Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 |
Ross J, Hatcher VP, Spencer C |
25/07/2019 | |
Plain language re-drafting - substitution of public holidays |
Ross J, Hatcher VP, Hunt C |
25/07/2019 | |
Graphic Arts, Printing and Publishing Award - classification of employees |
Gostencnik DP, Clancy DP, Harper-Greenwell C |
22/07/2019 | |
Gas Industry Award - meal breaks not taken, or interrupted - draft clause |
Sams DP, Bull DP, Bissett C |
17/07/2019 | |
Proposed Helicopter Aircrew Award |
Hatcher VP, Hamilton DP, Simpson C |
8/07/2019 | |
Review of annualised wage arrangement provisions in modern awards. |
Hatcher VP, Dean DP, Saunders DP |
4/07/2019 | |
Fast Food Industry Award - Award stage - substantive issues |
Ross J, Masson DP, Lee C |
4/07/2019 | |
Hair and Beauty Industry Award - award stage - substantive issues - rostering provisions |
Catanzariti VP, Asbury DP, Lee C |
14/06/2019 | |
Pharmacy Industry Award 2010 - substantive issues |
Hatcher VP, Dean DP, Spencer C |
13/06/2019 | |
Plain language re-drafting - General Retail Industry Award 2010 |
Ross J, Hatcher VP, Hunt C |
3/06/2019 | |
Alpine Resorts Award - substantive issues - coverage provisions - State Government Agencies Award |
Hatcher VP, Dean DP, Riordan C |
14/05/2019 | |
Common issue - part time employment and casual employment - Timber Industry Award 2010 |
Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP |
8/05/2019 | |
Real Estate Industry Award 2010 - substantive issues |
Hatcher VP, Asbury DP, Gregory C |
1/05/2019 | |
Seagoing Industry Award; Ports, Harbours and Enclosed Water Vessels Award and Marine Towage Award |
Hatcher VP, Asbury DP, Cambridge C |
30/04/2019 | |
Public holidays - Registered and Licenced Clubs Award |
Hatcher VP, Hampton C, Johns C |
18/04/2019 | |
Plain language re-drafting - standard clauses |
Ross J, Hatcher VP, Hunt C |
16/04/2019 | |
Common issue - part time employment and casual employment |
Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP |
2/04/2019 | |
Award stage - Sugar Industry Award - substantive issues |
Asbury DP, Anderson DP, Mckenna C |
26/03/2019 | |
Penalty rates - Registered and Licensed Clubs Award and the Hospitality Industry (General) Award |
Hatcher VP, Hampton C, Bissett C |
21/03/2019 | |
Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018—Australian Government Industry Award 2016, modern enterprise awards and State reference public sector modern awards |
Ross J, Hatcher VP, Hunt C |
28/02/2019 | |
Plain language re-drafting – Pharmacy Industry Award 2010 – casual conversion clause |
Ross J, Hatcher VP, Hunt C |
28/02/2019 | |
Plain language re-drafting – standard absorption clause – take-home pay orders |
Ross J, Hatcher VP, Hunt C |
28/02/2019 | |
Review of annualised wage arrangement provisions in modern awards. |
Hatcher VP, Dean DP, Saunders DP |
27/02/2019 | |
Award stage - Fast Food Industry Award 2010 - substantive issues - Ai Group claims |
Ross J, Masson DP, Lee C |
20/02/2019 | |
Education Group - Professionals Award - medical research institutes |
Catanzariti VP, Kovacic DP, Johns C |
30/01/2019 | |
Plain language re-drafting - Retail Award |
Ross J, Hatcher VP, Hunt C |
18/01/2019 | |
Health Professionals and Support Services Award 2010 – substantive issues |
Catanzariti VP, Booth DP, Cribb C |
9/01/2019 | |
Nurses Award 2010 – substantive issues. |
Catanzariti VP, Booth DP, Cribb C |
9/01/2019 | |
Hair and Beauty Industry Award - award stage - substantive issues - rostering provisions |
Catanzariti VP, Asbury DP, Lee C |
28/12/2018 | |
Common issue - abandonment of employment - awards varied |
Hatcher VP, Gostencnik DP, Cribb C |
17/12/2018 | |
Pharmacy Industry Award - substantive issue - APESMA Work Value Claim |
Hatcher VP, Dean DP, Spencer C |
14/12/2018 | |
Restaurant and Hospitality Awards – substantive issues |
Ross J, Masson DP, Lee C |
12/12/2018 | |
Plain language re-drafting - standard clauses - redundancy |
Ross J, Hatcher VP, Hunt C |
11/12/2018 | |
Award stage - Nurses Award - substantive issues |
Catanzariti VP, Booth DP, Cribb C |
3/12/2018 | |
Award stage - Health Professionals - substantive issues |
Catanzariti VP, Booth DP, Cribb C |
3/12/2018 | |
Award stage - group 3 awards - exposure drafts |
Ross J, Hamberger SDP, Clancy DP |
23/11/2018 | |
Award stage - group 2 - exposure drafts |
Ross J, Hatcher VP, Hamberger SDP, Bull DP |
23/11/2018 | |
Common issue - family friendly work arrangements - model term |
Ross J, Hatcher VP, Spencer C |
20/11/2018 | |
Group 1 - consultation obligations - Poultry, Meat and Manufacturing awards |
Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C |
16/11/2018 | |
Plain language re-drafting - Clerks - Private Sector Award 2010 |
Ross J, Hatcher VP, Hunt C |
15/11/2018 | |
Award stage - group 4 awards - award stage - exposure drafts |
Ross J, Catanzariti VP, Gostencnik DP, Lee C, Cirkovic C |
13/11/2018 | |
Plain language re-drafting – Restaurant Industry Award 2010 |
Ross J, Hatcher VP, Hunt C |
8/11/2018 | |
Plain language re-drafting – Hospitality Industry (General) Award 2010 |
Ross J, Hatcher VP, Hunt C |
8/11/2018 | |
Plain language re-drafting – Security Services Industry Award 2010 |
Ross J, Hatcher VP, Hunt C |
8/11/2018 | |
Plain language re-drafting – Cleaning Services Award 2010 |
Ross J, Hatcher VP, Hunt C |
8/11/2018 | |
Plain language re-drafting – Pharmacy Industry Award 2010 |
Ross J, Hatcher VP, Hunt C |
8/11/2018 | |
Plain language re-drafting – General Retail Industry Award 2010 |
Ross J, Hatcher VP, Hunt C |
8/11/2018 | |
Common issue - public holidays - part-day public holidays |
Hatcher VP, Hampton C, Johns C |
7/11/2018 | |
Restaurant Award - substantive issues - application for confidentiality order |
Lee C |
30/10/2018 | |
Penalty rates - General Retail Industry Award |
Ross J, Hatcher VP, Lee C |
29/10/2018 | |
Plain language re-drafting – reasonable overtime |
Ross J, Hatcher VP, Hunt C |
29/10/2018 | |
Award stage - group 3 awards - technical and drafting – outstanding issues |
Ross J, Hamberger SDP, Clancy DP, Johns C |
15/10/2018 | |
Penalty rates - General Retail Industry Award |
Ross J, Hatcher VP, Lee C |
27/09/2018 | |
Award stage - exposure drafts - technical and drafting issues - Group 2 awards - outstanding issues |
Ross J, Hatcher VP, Hamberger SDP, Bull DP |
26/09/2018 | |
Common issue - transitional provisions - Black Coal Mining Industry Award - accident pay |
Kovacic DP, Bull DP, Bissett C |
26/09/2018 | |
Construction awards – substantive matters |
Hatcher VP, Hamilton DP, Gostencnik DP, Gregory C, Harper-Greenwell C |
26/09/2018 | |
Family friendly working arrangements model term |
Ross J, Hatcher VP, Spencer C |
25/09/2018 | |
4 yearly review of modern awards – common issues – part-time employment and casual employment |
Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP |
21/09/2018 | |
Plain language re-drafting – reasonable overtime |
Ross J, Hatcher VP, Hunt C |
17/09/2018 | |
Award stage - group 1 - technical and drafting |
Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C |
12/09/2018 | |
Plain language re-drafting - Clerks Award |
Ross J, Hatcher VP, Hunt C |
6/09/2018 | |
Plain language re-drafting - Pharmacy Industry Award |
Ross J, Hatcher VP, Hunt C |
3/09/2018 | |
Alpine Resorts Award 2010 - substantive issues - coverage |
Hatcher VP, Dean DP, Riordan C |
27/08/2018 | |
Payment of wages – payments on termination model term |
Ross J, Booth DP, Clancy DP, Cribb C, Hunt C |
15/08/2018 | |
Proposed Norfolk Island Interim Award 2018 – State based difference terms |
Ross J, Hatcher VP, Saunders C |
15/08/2018 | |
Plain language re-drafting - standard clause H - redundancy |
Ross J, Hatcher VP, Hunt C |
14/08/2018 | |
Legal Services Award - substantive issues |
Gostencnik DP, Clancy DP, Cirkovic C |
13/08/2018 | |
Common issues - part time employment and casual employment |
Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP |
9/08/2018 | |
Award stage – exposure drafts – Group 4 awards – further decision |
Ross J, Catanzariti VP, Gostencnik DP, Lee C, Cirkovic C |
7/08/2018 | |
Plain language re-drafting – Hospitality Award |
Ross J, Hatcher VP, Hunt C |
3/08/2018 | |
Plain language re-drafting - Restaurant Award |
Ross J, Hatcher VP, Hunt C |
3/08/2018 | |
Plain language re-drafting - Standard clauses - E.1 and G |
Ross J, Hatcher VP, Hunt C |
18/07/2018 | |
Common issue - payment of wages |
Ross, J |
17/07/2018 | |
Fitness Industry Award 2010 – classification definitions - swim industry teachers and coaches |
Sams DP, Dean DP, McKenna C |
9/07/2018 | |
Family and Domestic Violence Leave – Determination of Model Term for Unpaid Leave |
Ross J, Hatcher VP, Spencer C |
6/07/2018 | |
Award stage – group 1 awards – technical and drafting matters – outstanding issues |
Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C |
28/06/2018 | |
Variation to the Road Transport and Distribution Award 2010 to extend award coverage to the vehicle relocation industry - whether any further modifications to the Road Transport Award should be made - two-year transitional period to be introduced |
Hamberger SDP, Sams DP, Lee C |
15/06/2018 | |
Plain language re-drafting - standard clauses |
Ross J, Hatcher VP, Hunt C |
13/06/2018 | |
Common issue – time off instead of payment for overtime – Broadcasting Award – Journalists Award |
Ross J, Kovacic DP, Lee C |
1/06/2018 | |
Transport Awards - substantive issues - variation to the Road Transport and Distribution Award to extend award coverage to vehicle relocation industry |
Hamberger SDP, Sams DP, Lee C |
31/05/2018 | |
Plain language re-drafting - Restaurant Award – award-specific clauses. |
Ross J, Hatcher VP, Hunt C |
21/05/2018 | |
Plain language re-drafting - Hospitality Award – award-specific clauses. |
Ross J, Hatcher VP, Hunt C |
21/05/2018 | |
Fast Food Award - objection to participation in review proceedings |
Ross J, Masson DP, Lee C |
21/05/2018 | |
Family and Domestic Violence Leave – Determination of Model Term for Unpaid Leave |
Ross J, Gooley DP, Spencer C |
26/03/2018 | |
Family friendly working arrangements – claim by ACTU – s.65 Fair Work Act 2009 – right to request – provisional model term proposed |
Ross J, Gooley DP, Spencer C |
26/03/2018 | |
Award stage - Group 4 awards - technical and drafting - substantive matters. |
Ross J, Catanzariti VP, Gostencnik DP, Lee C, Cirkovic C |
21/03/2018 | |
Real Estate Industry Award 2010 - substantive matters - further decision |
Hatcher VP, Asbury DP, Gregory C |
16/03/2018 | |
Award stage - group 3 awards - outstanding technical and drafting issues |
Ross J, Hamberger SDP, Clancy DP, Johns C |
13/03/2018 | |
Common issue - public holidays |
Hatcher VP, Hampton C, Johns C |
2/03/2018 | |
Plain language re-drafting – Cleaning Services Award 2010 |
Ross, J |
21/02/2018 | |
Higher Education Industry – Academic Staff – Award 2010 and Higher Education Industry – General Staff – Award 2010 – substantive issues in Education Group |
Catanzariti VP, Kovacic DP, Johns C |
20/02/2018 | |
Review of annualised wage arrangement provisions in modern awards |
Hatcher VP, Dean DP, Saunders C |
20/02/2018 | |
Real Estate Industry Award 2010 - substantive matters - correction |
Hatcher VP, Asbury DP, Gregory C |
31/01/2018 | |
Real Estate Industry Award 2010 - substantive matters - correction |
Hatcher VP, Asbury DP, Gregory C |
25/01/2018 | |
Common issue - Abandonment of employment |
Hatcher VP, Gostencnik DP, Cribb C |
23/01/2018 | |
Real Estate Industry Award 2010 - substantive matters |
Hatcher VP, Asbury DP, Gregory C |
17/01/2018 | |
Alleged NES inconsistencies - Seagoing Award - vessels granted temporary licence - maximum weekly hours |
Hatcher VP, Hamberger SDP, Bissett C |
12/01/2018 | |
Horticulture Award 2010 – substantive issues. |
Catanzariti VP, Sams DP, Saunders C |
22/12/2017 | |
Penalty rates - application by Restaurant and Catering Industrial |
Hatcher VP, Catanzariti VP, Lee C |
24/11/2017 | |
Common issue - part time and casual employment |
Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP |
24/11/2017 | |
Horticulture Award 2010 - substantive issues - award coverage - retrospective variation |
Catanzariti VP, Sams DP, Saunders C |
16/11/2017 | |
Common issue - award flexibility - time off instead of payment for overtime - Pastoral and Horticultural Awards |
Ross J, Kovacic DP, Lee C |
8/11/2017 | |
Award stage - Group 3 awards - exposure drafts - technical and drafting |
Ross J, Hamberger SDP, Clancy DP, Johns C |
30/10/2017 | |
Plain language - Restaurant Industry Award - re-drafting of award-specific clauses |
Ross J, Hatcher DP, Hunt C |
24/10/2017 | |
Annual leave - Black Coal Mining Industry Award |
Ross J, Kovacic DP, Hampton C |
19/10/2017 | |
Plain language re-drafting - standard clauses |
Ross J, Hatcher VP, Hunt C |
18/10/2017 | |
Blood donor leave |
Hatcher VP, Clancy DP, Spencer C |
5/09/2017 | |
Plain language - standard clauses |
Ross J, Hatcher VP, Hunt C |
28/08/2017 | |
Plain language re-drafting - tranche 2 awards |
Ross J, Hatcher VP, Hunt C |
28/08/2017 | |
National Training Wage Schedule - Miscellaneous Award - plain language re-drafting |
Ross J, Hatcher VP, Hunt C |
15/08/2017 | |
Pharmacy Industry Award 2010 - substantive issues - consultation as per draft determination - amended operative date |
Hatcher VP, Dean DP, Spencer C |
1/08/2017 | |
Real Estate Industry Award 2010 - substantive issues |
Hatcher VP, Asbury DP, Gregory C |
6/07/2017 | |
Proposed substantive variations - Road Transport Distribution and Long Distance Operations awards |
Hamberger SDP, Sams DP, Lee C |
6/07/2017 | |
Award stage - exposure drafts - group 3 awards |
Ross J, Hamberger SDP, Clancy DP, Roe C, Johns C |
6/07/2017 | |
Pharmacy Industry Award 2010 - substantive issues |
Hatcher VP, Dean DP, Spencer C |
5/07/2017 | |
Common issues - part-time employment and casual employment |
Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP, Roe C |
5/07/2017 | |
Common issue - family and domestic violence leave clause |
Gooley DP, Spencer C |
3/07/2017 | |
Family and domestic violence leave clause - reconstitution of Full Bench |
Ross J |
30/06/2017 | |
Vehicle Manufacturing, Repair, Services and Retail Award 2010 - casual console operators |
Hatcher VP, Cribb C, Bissett C |
28/06/2017 | |
Penalty rates - hospitality and retail sectors - transitional arrangements - determinations |
Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C |
21/06/2017 | |
Plain language project - Pharmacy Industry Award 2010 - plain language drafting issues |
Ross J, Hatcher VP, Hunt C |
21/06/2017 | |
Graphic Arts, Printing and Publishing Award 2010 - coverage of metropolitan daily newspapers - annual leave - jury service - redundancy - personal leave |
Gostencnik DP, Clancy DP, Roe C |
9/06/2017 | |
National Training Wage schedule - reference term - next steps |
Ross J, Hatcher VP, Hunt C |
9/06/2017 | |
Award stage - group 1 technical and drafting issues - Manufacturing and Associated Industries and Occupations Award 2010 - Professional Diving Industry (Industrial) Award 2010 |
Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C |
9/06/2017 | |
Penalty rates - hospitality and retail sectors - transitional arrangements |
Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C |
5/06/2017 | |
Common issue - family and domestic violence leave - reconstitution of Full Bench |
Ross J |
18/05/2017 | |
Educational Services (Teachers) Award 2010 - annual leave - insertion of model terms |
Catanzariti VP, Kovacic DP, Johns C |
26/04/2017 | |
Annual leave - timing of taking leave - shutdown provision - Black Coal Mining Industry Award 2010 |
Ross J, Kovacic DP, Hampton C |
27/03/2017 | |
Plain language drafting issues - Pharmacy Industry Award 2010 |
Ross C, Hatcher VP, Hunt C |
21/03/2017 | |
Hospitality and retail sectors - late night penalties - public holiday penalty rates |
Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C |
17/03/2017 | |
Common issue - family and domestic violence leave clause |
Watson VP |
27/02/2017 | |
Port authorities - coverage of award - changes to classifications - Fair Work Act 2009, ss. 134, 138, 156, 163 |
Watson VP, Gooley DP, Cambridge C |
24/02/2017 | |
Penalty rates - hospitality and retail sectors |
Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C |
23/02/2017 | |
Penalty rates - hospitality and retail sectors |
Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C |
23/02/2017 | |
Rail Industry Award 2010 - substantive issues - rates of pay for work on a Saturday - definition of Level 9 Clerical, Administrative and Professional classification |
Hamberger SDP, Sams DP, Cambridge C |
17/02/2017 | |
Black Coal Mining Industry Award - industry-specific redundancy scheme |
Hatcher VP, Hamberger SDP, Gostencnik DP, Johns C |
27/01/2017 | |
Plain language drafting - guidelines - Pharmacy Industry Award |
Ross J, Hatcher VP, Hunt C |
20/01/2017 | |
Common issue - annual leave - timing of taking of leave - Maritime Industry awards and others - insertion of model terms - variation determinations |
Ross J, Kovacic DP, Hampton C |
19/12/2016 | |
Animal Care and Veterinary Services Award - substantive issues - introduction of diploma qualified classification |
Watson VP, Gooley DP, Circkovic C |
16/12/2016 | |
Common issue - award flexibility - time off instead of payment for overtime - TOIL at overtime rate - award specific issues |
Ross J, Kovacic DP, Lee C |
13/12/2016 | |
Common issue - payment of wages - penalty for late payment - annual leave loading |
Ross J, Booth DP, Clancy DP, Cribb C, Hunt C |
1/12/2016 | |
Fire Fighting Award 2010 - variation to permit part-time employment |
Ross J, O'Callaghan SDP, Wilson C |
15/11/2016 | |
Common issue - transitional provisions - Black Coal Mining Industry Award - accident pay |
Watson VP, Kovacic DP, Bull C |
17/10/2016 | |
Group 2 awards - award stage - exposure drafts |
Ross J, Hatcher VP, Hamberger SDP, Bull DP, Roe C |
10/10/2016 | |
Common issue - annual leave - timing of taking of leave - Maritime Industry awards - insertion of model terms |
Ross J, Kovacic DP, Hampton C |
22/09/2016 | |
Gas Industry Award - availability duty |
Watson VP, Drake SDP, Cambridge C |
20/09/2016 | |
Concrete Products Award - penalty rates for shiftworkers for work performed on Sundays and public holidays |
Hatcher VP, O'Callaghan SDP, Cribb C |
9/09/2016 | |
Common issue - award flexibility - time off instead of payment for overtime - award specific issues |
Ross J, Kovacic DP, Lee C |
31/08/2016 | |
Vehicle Manufacturing, Repair, Services and Retail Award 2010 - proposal to move vehicle manufacturing sector to Manufacturing Award |
Hatcher VP, O'Callaghan SDP, Cribb C |
16/08/2016 | |
Wine Industry Award 2010 - substantive issues - meal allowance |
O'Callaghan SDP, Sams DP, Hampton C |
15/07/2016 | |
Common issue - award flexibility - time off in lieu of payment for overtime |
Ross J, Kovacic DP, Lee C |
11/07/2016 | |
Common issue - award flexibility - time off instead of payment for overtime - finalisation of plain language model term |
Ross J, Kovacic DP, Lee C |
8/07/2016 | |
Common issue - annual leave - form of the cashing out term to be inserted into the Security Services Industry Award 2010 |
Ross J, Kovacic DP, Hampton C |
8/07/2016 | |
Pastoral Award 2010 - ‘learner shearers’ |
Ross J, Kovacic DP, Saunders C |
8/07/2016 | |
Common issue - annual leave - draft determinations - finalisation of plain language re-drafts - confirmation of provisional views |
Ross, J, Kovacic DP, Hampton C |
24/06/2016 | |
Annual leave common issue - insertion of model terms into particular modern awards - excessive annual leave - cashing out of annual leave - granting leave in advance - EFT and paid annual leave - plain language redrafts |
Ross J, Kovacic DP, Hampton C |
23/05/2016 | |
Common issue - casual employment and part-time employment - tender of witness statements rejected |
Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP, Roe C |
4/05/2016 | |
Award flexibility common issue - time off in lieu of payment for overtime |
Ross J, Kovacic DP, Roberts C |
24/04/2016 | |
Manufacturing and Associated Industries and Occupations Award 2010 and Electrical Power Industry Award 2010 - application to insert electrical licence allowance |
Hamberger SDP, Sams DP, Roe C |
3/03/2016 | |
Award stage - Concrete Products Award 2010 - AWU claim |
Hatcher VP, O'Callaghan, Cribb C |
19/02/2016 | |
Penalty rates - admissibility of Productivity Commission Report |
Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C |
12/02/2016 | |
Alleged NES Inconsistencies - Pastoral Award 2010, Building and Construction General On-site Award 2010 and Plumbing and Fire Sprinklers Award 2010 |
Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C |
11/01/2016 | |
Pastoral Award 2010 - substantive issues - crutching rates for rams and ram stags - learner shearers - coverage - annualised salaries - woolclassers formula |
Ross J, Kovacic DP, Saunders C |
24/12/2015 | |
Penalty rates - Orders for the production of documents - claim of legal professional privilege - waiver of privilege |
Johns C |
4/12/2015 | |
Exposure Drafts - Group 1C, 1D and 1E awards |
Ross J, Hatcher VP, Hamberger SDP, Bull C, Bissett C |
23/10/2015 | |
Family and domestic violence common issue - family friendly work arrangements common issue - preliminary and jurisdictional issues |
Hatcher VP, Acton SDP, Spencer C |
22/10/2015 | |
Award flexibility common issue - time off in lieu of payment for overtime - model term |
Ross J, Kovacic DP, Roberts C |
6/10/2015 | |
Absorption clause - casual loading |
Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C |
30/09/2015 | |
Objections to expert evidence |
Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C |
21/09/2015 | |
Annual leave common issue - finalisation of model terms - excessive annual leave - cashing out of annual leave - granting leave in advance - purchased leave |
Ross J, Kovacic DP, Hampton C |
15/09/2015 | |
Penalty rates - orders for the production of documents - claim of legal professional privilege - waiver of privilege |
Johns C |
12/09/2015 | |
Common issue - Transitional provisions - Accident Make-up Pay |
Boulton J, Kovacic DP and Bull C |
18/08/2015 | |
Common issue - Award flexibility |
Ross J, Smith DP, Roberts C |
16/07/2015 | |
Award stage - drafting and technical issues - ordinary hourly rate of pay |
Ross J, Hatcher VP, Hamberger SDP, Bissett C, Bull C |
13/07/2015 | |
Common issue - Annual leave |
Ross J, Harrison SDP, Hampton C |
11/06/2015 | |
Substantive issues - Stevedoring Industry Award 2010 |
Watson VP, Kovacic DP and Roe C |
14/05/2015 | |
Substantive issues - Textile, Clothing, Footwear and Associated Industries Award 2010 |
Watson SDP, O'Callaghan SDP and Cribb C |
11/05/2015 | |
Alleged NES Inconsistencies |
Ross J, Hatcher VP, Hamberger SDP, Bissett C and Bull C |
8/05/2015 | |
Common issue - Transitional provisions - Accident pay and district allowances - Applications for take home pay orders |
Boulton J, Kovacic DP and Bull C |
15/04/2015 | |
CFMEU proposed term - payment of wages - Andrews legal point - amended |
Hatcher VP, Hamberger SDP, Gostencnik DP and Johns C |
11/03/2015 | |
Common issue - Transitional provisions |
Boulton J, Kovacic DP and Bull C |
11/02/2015 | |
Award stage - exposure drafts Group 1A and 1B - General drafting - alleged inconsistencies with NES |
Ross J, Hatcher VP, Hamberger SDP, Bissett C, Bull C |
23/12/2014 | |
Transitional provisions - take-home pay orders |
Boulton J, Kovacic DP, Bull C |
23/12/2014 | |
Common issues - Apprentice conditions |
Boulton J, Harrison SDP, Roe C |
17/12/2014 | |
Common issues - Transitional provisions |
Boulton J, Kovacic DP, Bull C |
31/10/2014 | |
Preliminary jurisdictional issues |
Ross J, Hatcher VP, Acton SDP, Hamberger SDP, Hampton C |
17/03/2014 |
ATTACHMENT C - Draft variation determinations
Note that this list does not contain the Hair and Beauty Award, the Fast Food Award, the Social, Community Home Care and Disability Services Industry Award, the Children’s Services Award or the Aged Care Award.
The above awards will be the subject of the plain language re-drafting process.
Group |
Exposure draft title |
Draft determination |
Tracked ED |
4A |
Aboriginal Community Controlled Health Services Award |
||
4B |
Airline Operations—Ground Staff Award |
||
4B |
Air Pilots Award |
||
4B |
Airport Employees Award |
||
2A |
Alpine Resorts Award |
||
4C |
Architects Award |
||
1B |
Asphalt Industry Award |
||
1A |
Cleaning Services Award |
||
3A |
Clerks—Private Sector Award |
||
3A |
Commercial Sales Award |
||
1B |
Concrete Products Award |
||
3A |
Contract Call Centres Award |
||
3B |
Educational Services (Schools) General Staff Award |
||
3B |
Educational Services (Post-Secondary Education) Award |
||
4F |
Dry Cleaning and Laundry Industry Award |
||
1E |
Gas Industry Award |
||
3B |
Higher Education Industry—Academic Staff—Award |
||
3B |
Higher Education Industry—General Staff—Award |
||
4F |
Hospitality Industry (General) Award |
||
4C |
Hydrocarbons Field Geologists Award |
||
3A |
Labour Market Assistance Industry Award |
||
3B |
Local Government Industry Award |
||
4F |
Mannequins and Models Award |
||
1C |
Manufacturing and Associated Industries and Occupations Award |
||
1E |
Maritime Offshore Oil and Gas Award |
||
1C |
Meat Industry Award |
||
3D |
Pastoral Award |
||
2C |
Passenger Vehicle Transportation Award |
||
1C |
Pharmaceutical Industry Award |
||
1C |
Poultry Processing Award |
||
1E |
Professional Diving Industry (Industrial) Award |
||
1E |
Professional Diving Industry (Recreational) Award |
||
1D |
Rail Industry Award |
||
4F |
Restaurant Industry Award |
||
2C |
Road Transport (Long Distance Operations) Award |
||
2C |
Road Transport and Distribution Award |
||
1D |
Stevedoring Industry Award |
||
2A |
Storage Services and Wholesale Award |
||
2C |
Transport (Cash in Transit) Award |
||
1C |
Vehicle Manufacturing, Repair, Services and Retail Award |
||
2C |
Waste Management Award |