STATEMENT

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

4 yearly review of modern awards—micro business schedule
(AM2014/306)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 11 MAY 2015

4 yearly review of modern awards – common issue – micro business schedule.

[1] In a Statement issued on 1 December 2014 1 the Fair Work Commission (the Commission) identified a number of additional common issues that would be dealt with as part of the 4 yearly review of modern awards, including a proposal by Australian Business Industrial and the New South Wales Business Chamber (ABI) to insert a micro business schedule into a number of modern awards.

[2] On 20 April 2015 ABI filed draft determinations seeking to include a micro business schedule in 93 modern awards. The draft determinations also seek to include a new public holiday substitution clause in 21 modern awards in relation to micro businesses. On 4 May 2014 ABI provided a proposed timetable for the hearing and determination of this matter.

[3] Draft directions based on ABI’s proposed timetable are set out at attachment A to this Statement. Any interested party who wishes to comment on the draft directions are to do so by no later than 4.00pm on Friday 29 May 2015. Comments should be sent to amod@fwc.gov.au. Final directions will then be issued.

PRESIDENT

ATTACHMENT A

DRAFT DIRECTIONS

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

4 yearly review of modern awards – Micro business schedule
(AM2014/306)

JUSTICE ROSS, PRESIDENT

MELBOURNE, XX MAY 2015

1. On or before 4.00 pm on Monday 2 November 2015 each interested party supporting the introduction of the Schedule into the relevant modern awards is to file comprehensive written submissions and comprehensive witness evidence.

2. On or before 4.00 pm on Friday 1 April 2016 each interested party opposing the introduction of the Schedule into the relevant awards is to file comprehensive written submissions and comprehensive witness evidence.

3. On or before 4.00 pm on Friday 13 May 2016 each interested party is to file evidence and submissions to be filed in reply to the opposing submissions.

4. The matter will be listed for a hearing before a Full Bench after 1 June 2016.

5. Leave is granted to apply generally.

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

1 [2014] FWC 8583.

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