STATEMENT

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

4 yearly review of modern awards—Award flexibility
(AM2014/300)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 2 SEPTEMBER 2015

4 yearly review of modern awards – award flexibility.

[1] On 16 July 2015 1 the Fair Work Commission (the Commission) issued a decision (the Award Flexibility Decision) in relation to claims to vary modern awards to include certain award flexibility terms as part of the first 4 yearly review of modern awards. This statement deals with the scheduling of the remaining issues arising from the Award Flexibility Decision.

[2] In the Award Flexibility Decision the Commission set out a provisional model term dealing with time off in lieu of payment for overtime (the provisional model TOIL term). In Directions issued on 16 July 2015 interested parties were provided with an opportunity to file submissions in relation to both the wording of the provisional model TOIL term and the proposition that the model term be inserted into all modern awards. A list of the submissions received is set out at Attachment A.

[3] We note that a number of parties have made submissions regarding whether particular modern awards should be varied to insert the provisional model term. Ai Group submits that it is not necessary to vary awards that already contain a TOIL provision. 2 Similarly, ABI/NSWBC submit that the model term should not be included in all modern awards.3 Submissions were also directed at the following awards:

Party	Award
ASU	Social Community, Home Care and Disability Services Industry Award
APESMA	Professional Employees Award 2010
NFF	Pastoral Award 2010 Horticultural Award 2010

[4] The hearing on Friday 4 September 2015 will not be dealing with the submissions set out at paragraph [3] above. Whether a model TOIL term should be inserted into particular modern awards will be the subject of a later hearing. Further directions will be issued in relation to that hearing in due course.

[5] We have decided to split the hearings in the manner outlined so that the terms of the model TOIL term will be finalised before any consideration is given to whether the model term should be inserted into particular modern awards.

PRESIDENT

Attachment – Submissions re model term

Award flexibility – model TOIL clause
Accommodation Association of Australia	Correspondence	28 August 2015
Association of Professional Engineers, Scientists and Managers, Australia (APESMA)	Submission	28 August 2015
Australian Business Industrial and NSW Business Chamber (ABI)	Submission	28 August 2015
Australian Council of Trade Unions	Submission	28 August 2015
Australian Hotels Association	Submission	28 August 2015
Australian Industry Group	Further Submission	28 August 2015
Australian Services Union	Submission	28 August 2015
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)	Submission	28 August 2015
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)—Vehicle Division	Submission	28 August 2015
Housing Industry Association (HIA)	Submission	28 August 2015
Master Builders Australia (MBA)	Correspondence	28 August 2015
National Farmers’ Federation	Submission	28 August 2015

1 [2015] FWCFB 4466

2 Ai Group submission 28 August 2015 at paragraph 63

3 ABI and NSWBC submission 28 August 2015 at paragraphs 3.1-3.11

Printed by authority of the Commonwealth Government Printer