STATEMENT AND DIRECTIONS

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

4 yearly review of modern awards – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010
(AM2017/59 and AM2017/57)

Review of the Restaurant Industry Award 2010 – substantive issues – directions.

[1] On 21 May 2018 Directions 1 were issued for the filing of submissions and evidence. The Directions were varied on 3 July2 and the varied directions were as follows:

1. Any party seeking variations shall file written submissions and any witness statements and/or documentary material by 4.00 pm Tuesday 24 July 2018.

2. Any interested party is to file written submissions in reply and any witness statements and/or documentary material by 4.00 pm Tuesday 14 September 2018.

3. The matter is listed for further directions at 1.00 pm Monday 17 September 2018.

4. The matter will be listed for hearing in October 2018. Dates will be confirmed in due course.

5. All submissions and evidence shall be sent to amod@fwc.gov.au

6. The parties are granted liberty to apply to vary these directions.

[2] Directions 1 and 2 were varied again, on 20 July 2018, 3 as follows:

1. Any party seeking variations shall file written submissions and any witness statements and/or documentary material by 4.00 pm Tuesday 24 July 2018.

2. Any interested party is to file written submissions in reply and any witness statements and/or documentary material by 4.00pm Tuesday 18 September 2018.

[3] In compliance with these directions, United Voice filed a submission on 21 July 2018. 4

[4] Restaurant and Catering Industrial (RCI) filed its submissions and evidence 5 on 24 July 2018. Those documents were sent to a Commission Chambers address rather than the address listed in the Directions for receipt of submissions. Regrettably, the documents were overlooked and were not published to the website until 12 September 2018.

[5] On 12 September 2018 United Voice filed correspondence 6 objecting to the filing of the RCI submissions. United Voice objected on the basis that the submissions were not filed in accordance with the Directions and therefore it would not allow interested parties sufficient time to prepare for both reply submissions and a hearing in October.

[6] The Directions of 20 July 2018 provided that any interested party was to file written submissions and any witness statements and/or documentary material in reply by 4.00pm Tuesday 18 August 2018 (Direction 2). Interested parties will be given an extension of time to file reply submissions, following the late publication of the RCI submission and evidence.

Next steps

[7] The Mention listed for 1.00 pm Friday 28 September 2018 is vacated.

[8] The Amended Directions of 20 July 2018 are varied to:

2. Any interested party is to file written submissions and any witness statements and/or documentary material in reply by 4.00 pm Friday 2 November 2018.

3. The matter is listed for further directions at 10.00 am Friday 9 November 2018.

4. The matter will be listed for hearing during the week commencing 26 November 2018. Dates will be confirmed in due course.

5. All submissions and evidence shall be sent to amod@fwc.gov.au.

6. The parties are granted liberty to apply to vary these directions.

[9] This matter was due to be heard in conjunction with the Hospitality Industry Award 2010 – substantive issues matter (AM2017/57). The matters will remain listed together. Notices of Listing will be issued accordingly.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR700387>

 1   Directions – 21 May 2018.

 2   Amended Directions – 3 July 2018.

 3   Amended Directions – 20 July 2018.

 4   United Voice submission, 24 July 2018.

 5   RCI – submission and witness statements, 24 July 2018.

 6   United Voice – correspondence, 12 September 2018.