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)

4 yearly review of modern awards – award stage – 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 (the Review). In the Award stage of the Review the 122 modern awards have been divided into 4 groups. The awards allocated to Group 4 are listed at Attachment A to this Statement. As proposed in the 24 February 2016 Statement 1 the 40 awards in Group 4 will be dealt with in two tranches – sub-groups 4A, 4B & 4C and sub-groups 4D, 4E & 4F.

[2] On 15 August 2016 a Statement and draft directions were issued (the 15 August Statement) 2 which amended the timetable for finalising the review of Group 4 awards.

[3] Following the 15 August Statement a Mention was held on 24 August 2016 to allow interested parties to comment on the proposed timetable and raise any other issues in respect of the Statement. Transcript of the Mention is available on the Commission’s website.

[4] The purpose of this Statement is to set out a further revised timetable following the issues raised at the Mention.

All Group 4 Awards

[5] The parties are requested to file a short submission confirming the substantive claims being pursued. This is not expected to be a full submission, but should include the following:

(i) the nature of the change sought;
(ii) a draft variation determination;
(iii) the type of case to be run (merits or evidentiary based); and
(iv) if the case is evidence-based, how many witnesses will be called?

[6] This process will give parties the opportunity to reframe existing claims or to raise additional substantive claims. Parties are also requested to advise the Commission if they are no longer pursuing any of their earlier claims. The filing date for this submission is on or before 4pm on Friday 30 September 2016.

Group 4A, 4B & 4C

[7] The hearing of the technical and drafting issues in the awards in sub-groups 4A, B and C (other than the construction awards 3) was set down for November 2016. The parties noted that three weeks in November have been set aside for the hearing in relation to the Family and domestic violence clause common issue (AM2015/1)4. Accordingly, the technical and drafting issues in Groups 4A, 4B and 4C will be heard in the first half of December 2016. A notice of listing will follow in due course.

Construction Awards

[8] The Memorandum constituting the Full Bench (AM2016/23) based on the recommendations arising from the Report by SDP Watson of 5 August 2016, has now been published on the Commission’s website. Parties were asked at the Mention to provide any comment in relation to the range of matters that have been referred to the Full Bench by 4pm on 31 August 2016.

[9] As set out at the Mention, the opportunity to comment is not intended to provide an avenue to raise minor concerns with the way in which matters are described in the Full Bench Memorandum. Parties are asked to present a compelling argument as to why a matter should or should not be referred to the Full Bench. Parties are encouraged to discuss any outstanding issues between themselves and present an agreed position.

[10] Once comments are received, Vice President Hatcher will call the matter on for a Mention.

Group 4D, 4E & 4F exposure drafts

[11] Based on requests by the interested parties, the directions in relation to filing material for these awards have been pushed back. The revised timeline for Groups 4D, 4E and 4F is as follows:

[12] Amended directions are attached.

PRESIDENT

ATTACHMENT A—Group 4 awards divided by sub-group

^ Note the Electrical, Electronic and Communications Contracting Award 2010 was incorrectly allocated to Group 4A in an earlier Statement.

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

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

It is directed that:

1. On or before 4pm on Friday 30 September 2016 each interested party is to file in the Commission a short submission confirming the substantive claims being pursued. The required content of this submission is set out at paragraphs [5] and [6] of this Statement.

2. The drafting and technical issues in the Group 4A, 4B and 4C exposure drafts will be listed for hearing in Sydney on Tuesday 6 December 2016.

3. On or before 4.00 pm on Wednesday 21 December 2016 each interested party is to file in the Commission submissions on the technical and drafting issues related to exposure drafts in Groups 4D, 4E and 4F (except the awards that are subject to the Plain language process).

4. On or before 4.00 pm on Friday 10 February 2017 each interested party is to file in the Commission submissions in reply on the technical and drafting issues related to exposure drafts in Groups 4D, 4E and 4F (except the awards that are subject to the Plain language process).

5. The drafting and technical issues in the Group 4D, 4E and 4F exposure drafts will be listed for hearing in March 2017.

6. Leave is granted to apply generally.

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

PRESIDENT

 1   [2016] FWC 1191; see also [2016] FWC 1838

 2   [2016] FWC 5694

 3   Note the technical and drafting issues in these awards will be dealt with after the substantive claims have been determined (see Statement [2016] FWC 5694 at para 3)

 4   Notice of listing of 20 May 2016

 5   See Statement of 11 August 2016 [2016] FWCFB 5621

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