STATEMENT

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

4 yearly review of modern awards—Sugar Industry Award 2010
(AM2017/56)

4 yearly review of modern awards – Sugar Industry Award 2010 – substantive issues.

[1] As advised in our Further Statement of 22 April 2020 1 issued by the Full Bench in the above matter, a conference of interested parties was conducted by me on 23 April 2020 in relation to the issue of how ordinary hourly rates are to be expressed in clause 40.1 of the Sugar Industry Award 2010 (the Award) and clauses 19.1 and D.2.1 and D.2.3 of the current Exposure Draft of the Award for the purposes of the 4 yearly review.

[2] The conference of interested parties considered Notes proposed by the Full Bench to be inserted into clause 40.1 of the Award and clauses 19.1 and D.2.1 and D.2.3 of the current Exposure Draft. Agreement in principle (subject to the Notes being published to the Award Modernisation Website with a further opportunity for comment) was reached between the parties at the conference including some changes to the Notes proposed by the Full Bench for including in the Award and the Exposure Draft as follows:

Sugar Industry Award 2010 - Clause 40.1

NOTE: The hourly rates for ordinary hours in clause 40.1 as they apply to employees in sugar mills are notionally expressed on the basis of a 38 hour divisor. Where an averaging system is worked in accordance with clause 29.3(a) other divisors may be used on the basis that ordinary weekly hours greater or less than 38 may be worked to achieve an average of 38 per week over the averaging period.

Exposure Draft – Clause 19.1, Tables D.2.2 and D.2.3

NOTE: The hourly rates for ordinary hours in clause 19.1 and Schedule D clauses D.2.1 and D.2.3 as they apply to employees in sugar mills are notionally expressed on the basis of a 38 hour divisor. Where an averaging system is worked in accordance with clause 19.3 the divisor for the purposes of establishing minimum hourly rates for employees in sugar mills is as provided in clauses 19.3(b) and (c). All penalty rates are calculated based on a divisor of 38.

[3] Interested parties are invited to provide any further comment by 4.00 pm on Monday, 27 April 2020. If there are no objections to the proposed Notes as set out above, I will inform the other Members of the Full Bench and a Determination varying the Award may issue without further notice and the current version of the Exposure Draft amended to incorporate the Note as set out above.

DEPUTY PRESIDENT

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 1   [2020] FWCFB 2066.