STATEMENT

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

4 yearly review of modern awards—Annual leave
(AM2014/47)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 15 MAY 2017

4 yearly review of modern awards - common issue - annual leave - timing of taking leave - shutdown provision - Black Coal Mining Industry Award 2010 - Directions

[1] Following a decision issued on 24 March 2017 1 in relation to the variation of the annual leave term in the Black Coal Mining Industry Award 2010 (the Black Coal Award) a number of parties made submissions regarding the shutdown provision. A hearing took place on 5 May 2017 to discuss the provisional views put at [34]–[38] of that decision.

[2] The following parties appeared at the hearing on 24 March 2017: Coal Mining Industry Employer Group (CMIEG), the Australian Industry Group (Ai Group), the Construction, Forestry, Mining and Energy Union, Mining and Energy Division (CFMEU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA).

Directions

[3] At the hearing parties were directed to file submissions clarifying their position with respect to the inclusion of a power to direct employees to take unpaid leave, as part of the shutdown provision, by close of business on Friday, 12 May 2017. CMIEG subsequently filed a proposed revised shutdown clause to replace clause 25.10 of the Black Coal Award.

[4] Any interested parties wishing to make a submission in relation to the CMIEG proposal should forward their comments to amod@fwc.gov.au by 4pm on Thursday 18 May 2017.

PRESIDENT

1 [2017] FWCFB 959

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