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] The Award stage of the Review is being undertaken in stages. The 122 modern awards have been divided into 4 groups with the awards allocated to Group 2 listed at Attachment A to this Statement. The review of Group 2 awards commenced with conferences on 23 October 2014 and 2 December 2014. A Statement setting out the process for the review of the Group 2 awards was issued on 8 December 2014. 1 The purpose of this Statement is to deal with the revised programming for group 2 awards.

[2] A document summarising the issues identified by interested parties in relation to each award was published by the Commission in December 2014. Exposure drafts for each Group 2 have been published and interested parties have filed written submissions and submissions in reply on the exposure drafts. Parties have also indicated whether they will be seeking to make any substantive claims in relation to each award. Summaries of submissions identifying technical and drafting issues and outlining substantive issues have been published on the relevant award pages.

[3] Full Bench hearings for group 2 awards were provisionally listed for mid-April. At a mention for these awards on 27 March 2015, parties were advised that these hearings would be re-listed to provide an opportunity to file full written submissions and submissions in reply in relation to substantive claims. This will also provide parties an opportunity to file further and final written submissions and submissions in reply on the exposure drafts.

[4] 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 Wednesday 1 April 2015. Any comments are to be forwarded to amod@fwc.gov.au. Final directions will be issued on Thursday 2 April 2015.

[5] Substantive claims in relation to particular awards may be referred to separately constituted Full Benches. If a substantive claim is being sought in relation to a particular award, and parties are of the view that it should be referred to a separately constituted Full Bench then they should say so in their submission. Any issue that is referred to a separate Full Bench will be the subject of directions issued by that Full Bench.
[6] At this stage there is no need to file any evidentiary material in relation to a substantive claim. However parties should indicate in their written submissions the scope of any evidence that is likely to be filed.

[7] Parties are encouraged to have discussions among themselves with a view to narrowing the issues to be determined by the Full Bench. 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 chambers.ross.j@fwc.gov.au. In relation to the Pharmacy Industry Award 2010, Commissioner Bissett will convene a further conference.

PRESIDENT

ATTACHMENT A—Group 2 awards divided by sub-group

ATTACHMENT B—Draft Directions – Group 2 awards

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

4 yearly review of modern awards – Group 2 awards
(AM2014/198 and others)

It is directed that:

1. On or before 4.00 pm on 11 May 2015 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in group 2, and written outline of submissions in relation to any substantive claims or variations being pursued. 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. On or before 4.00 pm on 9 June 2015 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 2, and a written outline of submissions in reply to any substantive claims or variations being pursued.

3. The matters will be listed for hearing before a Full Bench on 23 and 24 June 2015.

4. Leave is granted to apply generally.

5. All material should be sent to amod@fwc.gov.au.

PRESIDENT

 1   [2014] FWC 8837

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