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

4 yearly review of modern awards—Plain language pilot—Group 4 awards
(AM2014/250 and others)

4 yearly review of modern awards – award stage – plain language pilot – Group 4 awards

[1] Section 156 of the Fair Work Act 2009 (the Act) requires the Fair Work Commission (the Commission) to review all modern awards every four years. In conducting a 4 yearly review the Commission must have regard to the modern awards objective, including “the need to ensure a simple, easy to understand, stable and sustainable modern award system for Australia that avoids unnecessary overlap of modern awards.” 1

[2] Having regard to this objective, as part of the current 4 yearly review of modern awards (the Review) the Commission has produced a plain language exposure draft of the Pharmacy Industry Award 2010. 2

[3] The Commission is also considering whether exposure drafts for a number of other modern awards should be reviewed or prepared using plain language principles. In a Statement issued on 6 May 2016 it was proposed that plain language exposure drafts will be prepared for the following Group 3 and Group 4 modern awards:

Group 3 Clerks – Private Sector Award 2010

Group 4 General Retail Industry Award 2010

Hospitality Industry (General) Award 2010

Restaurant Industry Award 2010

Group 4 awards

[4] Further to the Statement issued on 23 March 2016 3 the timetable for publishing the Group 4 exposure drafts has been amended slightly. These exposure drafts will incorporate some of the changes to the structure of awards recommended in the Plain language report as outlined in Attachment A.

[5] The dates for Group 4 matters are amended as follows:

[6] A list of the awards in Group 4 is at Attachment B and Revised directions are set out at Attachment C to this Statement.

[7] If it is decided that plain language drafts of the awards listed in paragraph [4] will be prepared, the timeframe for consultation on drafting and technical issues for these modern awards will be amended. Dates for the publication of plain language drafts of the four identified awards will be issued in due course, along with amended directions for the filing of submissions in relation to these awards.

PRESIDENT

ATTACHMENT A—Changes to structure of Group 4 exposure drafts

Table of Contents (main body of the award only)

⁽¹⁾ Note this Table of contents is taken from the exposure draft proposed for the Pharmacy Industry Award 2014; not all provisions may be included in other awards

⁽²⁾ Note this Table of contents is proposed for the plain language exposure draft for the Pharmacy Industry Award 2014; not all provisions may be included in other awards

ATTACHMENT B—Group 4 awards divided by sub-group

ⁱ Note the Educational Services (Teachers) Award 2010 and Electrical, Electronic and Communications Contracting Award 2010 were allocated to the wrong sub-groups in the 23 March 2016 statement.

ATTACHMENT C—AMENDED DIRECTIONS

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

4 yearly review of modern awards—Group 4 awards
(AM2014/250 and others)

It is directed that:

Group 4

Sub-groups 4A–4C

1. On or before 4.00 pm on Thursday 30 June 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in sub-groups 4A, 4B and 4C.

2. On or before 4.00 pm on Thursday 21 July 2016 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 sub-groups 4A, 4B and 4C.

3. The sub-group 4A, 4B and 4C technical and drafting matters will be listed for hearing before a Full Bench in late-August 2016.

Sub-groups 4D–4F (other than those being dealt with as part of plain language exercise)

4. On or before 4.00 pm on Thursday 29 September 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in sub-groups 4D, 4E and 4F .

5. On or before 4.00 pm on Thursday 20 October 2016 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 sub-groups 4D, 4E and 4F.

6. The sub-group 4D, 4E and 4F technical and drafting matters will be listed for hearing before a Full Bench in November 2016.

7. Leave is granted to apply generally.

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

PRESIDENT

 1   Fair Work Act 2009, s.134(1)(g).

 2   Pharmacy Industry Award 2010 [MA000012]

 3   [2016] FWC 1838

 4   Dates for Full Bench hearings will be issued in due course; in doing so the Commission have regard to the Casual employment and Part-time employment matters (AM2014/196 & 197) that are listed for 15–19 August 2016

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