[2017] FWC 5874

FAIR WORK COMMISSION

STATEMENT

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

4 yearly review of modern awards – Plain language re-drafting – Cleaning Services Award 2010
(AM2016/15, AM2014/69)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 9 NOVEMBER 2017

4 yearly review of modern awards – plain language re-drafting – Cleaning Services Award 2010.

[1] A conference was held on 8 November 2017 to discuss the plain language re-drafting of the Cleaning Services Award 2010. 1 A transcript2 of the conference is available on the Commission’s website. The following parties were in attendance at the conference:

Australian Business Industrial and the NSW Business Chamber (ABI);

Australian Industry Group (AIG);

Business SA; and

United Voice.

[2] The attached report sets out the status of the matters discussed at the conference and is summarised in the table below.

Items	Status
15, 17, 24, 29, 39	Withdrawn
1, 2, 10, 14, 16, 22, 23, 25 (in part), 26, 27, 30, 38, 40, 41, 42	Resolved at conference. Changes agreed to will be incorporated and the Plain Language Exposure Draft will be re-published for parties to review and comment.
12, 25 (in part)	Full Bench to determine with regard to submissions put.
3 – 9, 11, 36, 37,	Parties to confirm their position and make further submissions.
	Substantive decision to be made
18 – 20, 28, 31, 32, 33 – 35,	Plain language drafter to provide comments about how the issue may be resolved
3 – 9, 13	Further conference

Next steps

[1] Parties are to confirm their position in respect of Items 3 – 9, 11 and 37 and make any further submissions by 4.00pm Friday, 17 November 2017.

[2] A revised summary of submissions and plain language exposure draft incorporating changes arising from the resolved items will be published shortly. Interested parties will be given an opportunity to comment. The matter will be listed for a further conference.

[3] All submissions are to be sent to amod@fwc.gov.au.

PRESIDENT

[2017] FWC 5874

REPORT

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

4 yearly review of modern awards
(AM2016/15, AM2014/69)

CLEANING SERVICES AWARD 2010 [MA000022]
JUSTICE ROSS, PRESIDENT	MELBOURNE, 9 NOVEMBER 2017

Note the paragraph ([ ]) references are to the transcript of the conference on 8 November 2017.

Item 1—Individual flexibility arrangements ([12])

Agreed.

Item 2—Types of employment ([14] – [45])

Agreed.

Items 3 – 9—Full-time employment, Part-time employment and Casual employment ([46] – [69])

To be the subject of a further conference. Parties to file submissions by close of business on Friday 17 November 2017.

Item 10—Classifications ([70] – [79])

Agreed.

Item 11—Classifications ([80] – [81])

Business SA to file submissions by close of business on Friday 17 November 2017.

Item 12—Classifications ([82] – [89])

Full Bench to determine with regard to submissions put.

Item 13—Ordinary hours of work and rostering ([90] – [92])

To be the subject of a further conference.

Item 14—Ordinary hours of work and rostering ([92] – [94])

Agreed.

Item 15—Ordinary hours of work and rostering ([94] – [97])

Withdrawn.

Item 16—Breaks ([98] – [100])

Agreed.

Item 17—Breaks ([101])

Withdrawn.

Items 18, 19—Breaks ([102] – [126])

Refer submissions to plain language expert for further drafting comments.

Item 20—Work organisation ([127] – [130])

To be resolved with item 19.

Item 21—Minimum rates ([131] – [138])

Full Bench to determine with regard to submissions put.

Items 22, 23—Payment of wages ([139] – [150])

Agreed.

Item 24—Payment of wages ([149])

Withdrawn.

Item 25—Allowances ([150] – [168])

United Voice’s submission relating to PLED clause 21.1 will be determined by the Full Bench with regard to submissions put. AIG’s submission relating to clauses 21.3(b) and 21.4(c) is agreed.

Items 26, 27—Allowances ([169] – [171])

Agreed.

Item 28—Allowances ([174] – [178])

Refer submissions to plain language expert for further drafting comments.

Item 29—Overtime ([178] – [181])

Withdrawn.

Item 30—Overtime ([183])

Agreed.

Items 31, 32—Overtime ([184] – [192])

Refer submissions to plain language expert for further drafting comments.

Items 33, 34, 35—Annual leave ([194] – [211])

Refer submissions to plain language expert for further drafting comments.

Items 36, 37—Annual leave ([211] – [219])

AIG to file submissions by close of business on Friday 17 November 2017.

Item 38—Consultation about change of contract ([219] – [223])

Agreed.

Item 39—Consultation about change of contract ([223] – [224])

Withdrawn.

Item 40—Consultation about change of contract ([225] – [231])

Agreed.

Item 41—Dispute resolution procedure training leave ([232] – [236])

Agreed.

Item 42—Redundancy ([236] – [237])

Agreed.

1 See summary of submissions published on 31 October 2017.

2 Transcript of 8 November 2017.

Printed by authority of the Commonwealth Government Printer