| [2017] FWC 6871 |
| FAIR WORK COMMISSION |
STATEMENT AND DIRECTIONS |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Pastoral Award 2010
(AM2014/239)
Agricultural industry | |
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 20 DECEMBER 2017 |
4 yearly review of modern awards - Pastoral Award 2010.
[1] This Statement deals with a small number of outstanding issues relating to the Pastoral Industry Award 2010. The issues were substantially dealt with in decisions issued on 6 July 2017 1 (the July decision) and 30 October 20172 (the October decision).
[2] In the July and the October decisions the Full Bench expressed a number of provisional views which, following the October decision, were incorporated into a revised version of the exposure draft. The Full Bench noted it had not reached a concluded view in respect of these matters and parties were provided an opportunity to make further submissions and submissions in reply in relation to the provisional views.
[3] One submission from the National Farmers Federation (NFF) was received in response to the provisional views. 3
[4] If any party wishes to file a brief written submission relating to any provisional view they are to do so by no later than 4.00 pm on Friday 2 February 2018.
[5] These issues will be the subject of a conference to be held in Sydney at 9.30 am on Friday 9 February 2018.
[6] In the October decision, it was noted that a separate Full Bench would be constituted to hear and determine an issue that has arisen regarding the operation and interaction of clauses 17.2(c)(ii) and 36.10 of the current award. 4 These clauses relate to overtime and meal breaks for piggery attendants. It was noted in the October decision that the operation and interaction of these clauses is ambiguous and need to be reviewed before the Commission can be satisfied that the relevant terms achieve the modern awards objective. It was also noted that there is no consensus between the parties about the intended operation of the clauses. The Full Bench outlined that the issues raised go well beyond what may be characterised as technical and drafting issues.5
[7] Prior to a separate Full Bench being constituted in this matter, interested parties are directed to hold discussions among themselves with a view to reaching a joint position about how the matter should be addressed. The interested parties are to file a short joint submission and draft directions by no later than 4.00 pm on Friday 2 February 2018.
[8] This issue will be discussed at the conference at 9.30 am on Friday 9 February 2018.
[9] In the October decision, the Full Bench highlighted two outstanding issues relating to ‘continuous work’ provisions. The first issue relates to a definition that was inserted at clause 31.1 of the exposure draft regarding non-continuous work. The second related issue concerns a proposal to amend footnotes in clause B.4.2 and B.4.5. These matters are dealt with at paragraphs [326]-[340] of the October decision. 6
[10] These issues will also be discussed at the conference to be held at 9.30 am on Friday 9 February 2018. Prior to this conference the interested parties are to:
(i) Hold discussions among themselves with the objective of coming to an agreed position about the resolution of the issue; and
(ii) File a joint proposal no later than 4.00 pm on Friday 2 February 2018. The joint proposal will be discussed and finalised at the conference held at 9.30 am on Friday 9 February 2018.
[11] All written material to be filed prior to the conference should be sent to amod@fwc.gov.au.
PRESIDENT
3 Submission of the National Farmers Federation, 20 November 2017.
4 See [2017] FWCFB 5536 at [285] – [292].
5 See [2017] FWCFB 5536 at [292].
6 See [2017] FWCFB 5536 at [326] – [340].
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