[2019] FWCFB 7854
FAIR WORK COMMISSION

DECISION

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

4 yearly review of modern awards
(AM2019/17)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 25 NOVEMBER 2019

4 yearly review of modern awards – finalisation of Exposure Drafts and variation determinations – Tranche 1.

1. Background

[1] A decision issued on 24 October 2019 1 (the October 2019 Decision) dealt with the 37 awards in Tranche 1. Draft variation determinations were published for each of the 37 Tranche 1 awards on 2 September 2019. The October 2019 Decision confirmed that final variation determinations will be issued on 25 November 2019 for the following 32 awards:

•  Aluminium Industry Award 2010

•  Ambulance and Patient Transport Industry Award 2010

•  Animal Care and Veterinary Services Award 2010

•  Aquaculture Industry Award 2010

•  Banking, Finance and Insurance Award 2010

•  Book Industry Award 2010

•  Car Parking Award 2010

•  Coal Export Terminals Award 2010

•  Cement and Lime Award 2010 2

•  Cemetery Industry Award 2010

•  Corrections and Detentions (Private Sector) Award 2010

•  Cotton Ginning Award 2010

•  Electrical Power Industry Award 2010

•  Fire Fighting Industry Award 2010

•  Gardening and Landscaping Services Award 2010

•  Hydrocarbons Industry (Upstream) Award 2010

•  Legal Services Award 2010

•  Market and Social Research Award 2010

•  Medical Practitioners Award 2010

•  Nursery Award 2010

•  Oil Refining and Manufacturing Award 2010

•  Port Authorities Award 2010

•  Premixed Concrete Award 2010

•  Racing Industry Ground Maintenance Award 2010

•  Real Estate Industry Award 2010 3

•  Seafood Processing Award 2010

•  Silviculture Award 2010

•  Sporting Organisations Award 2010

•  State Government Agencies Award 2010

•  Surveying Award 2010

•  Travelling Shows Award 2010

•  Water Industry Award 2010

[2] There are 5 awards outstanding in Tranche 1:

•  Funeral Industry Award 2010

•  Mining Industry Award 2010

•  Pharmacy Industry Award 2010

•  Salt Industry Award 2010

•  Wool Storage, Sampling and Testing Award 2010

[3] A Statement in relation to the Funeral Industry Award 2010 will be issued shortly. Conferences have been listed for the other 4 awards. Further directions will be issued, if required after these conferences. Further, we have decided to provide the parties interested in the Fire Fighting Industry Award 2010 with an opportunity to comment on the issues identified at [23] – [34] below and will not issue a variation determination in respect of this award at this time.

[4] The October 2019 Decision identified the following amendments to be made to the variation determinations published on 2 September 2019:

•  the correction of the minor errors identified (see [24] of the October 2019 Decision);

•  the removal of any contested overtime for casuals from the rates of pay Schedules (see [12] – [18] of the October 2019 Decision);

•  redrafted casual conversion clauses amended to re-insert current award term (see [5] of 17 October 2019 Statement 4)

•  the deletion of the ‘note’ in the Schedules of Rates (see [21] – [23] of the October 2019 Decision); and

•  a number of award specific variations determined in Section 4 of the October 2019 Decision).

[5] Each of the amendments outlined above have been reflected in the final variation determinations.

2. Finalisation of the Variation Determinations

[6] This decision deals with a number of additional amendments made to the variation determinations for Tranche 1 following the publication of the October 2019 Decision. These additional amendments fall into three categories: the correction of minor errors; terminology of rates issues; and award specific issues.

[7] In each of the 32 awards in which final variation determinations are to be issued a number of minor general corrections have been made, as follows:

•  The year in the title of the award has been amended to 2020.

•  In awards where the coverage clause refers to other modern awards, the year in the title of those awards has been amended to either 2010 or 2020 as appropriate.

•  The reference to the summary of hourly rates of pay schedule in the minimum rates clause has been converted from an information box to a Note. The reference to ‘penalties’ in this note has been corrected to ‘penalty rates’.

•  The reference to the Miscellaneous Award 20XX has been amended to Miscellaneous Award 2010. This will be varied to the Miscellaneous Award 2020 when the review of the Miscellaneous Award is finalised.

•  Some formatting changes have been made to the summary of hourly rates of pay schedules to facilitate subsequent variation determinations following an Annual Wage Review. The content of these schedules has not been changed.

[8] A number of other minor errors have been corrected during the finalisation process for the following Exposure Drafts:

•  Aluminium Industry Award 2010 5

•  Ambulance and Patient Transport Industry Award 2010 6

•  Animal Care and Veterinary Services Award 2010 7

•  Aquaculture Industry Award 2010 8

•  Banking, Finance and Insurance Award 2010 9

•  Book Industry Award 2010 10

•  Car Parking Award 2010 11

•  Cement, Lime and Quarrying Award 2010 12

•  Cemetery Industry Award 2010 13

•  Coal Export Terminals Award 2010 14

•  Corrections and Detentions (Private Sector) Award 2010 15

•  Cotton Ginning Award 2010 16

•  Electrical Power Industry Award 2010 17

•  Fire Fighting Industry Award 2010 18

•  Gardening and Landscaping Services Award 2010 19

•  Hydrocarbons Industry (Upstream) Award 2010 20

•  Legal Services Award 2010 21

•  Market and Social Research Award 2010 22

•  Medical Practitioners Award 2010 23

•  Nursery Award 2010 24

•  Oil Refining and Manufacturing Award 2010 25

•  Port Authorities Award 2010 26

•  Premixed Concrete Award 2010 27

•  Racing Industry Ground Maintenance Award 2010 28

•  Real Estate Industry Award 2010 29

•  Seafood Processing Award 2010 30

•  Silviculture Award 2010 31

•  Sporting Organisations Award 2010 32

•  State Government Agencies Award 2010 33

•  Surveying Award 2010 34

•  Travelling Shows Award 2010 35

•  Water Industry Award 2010 36

[9] In a decision issued on 20 August 2019 37, the Plain Language Full Bench determined that changes to terminology of rates would be made on an award by award basis. These amendments have been made progressively during the finalisation of exposure drafts. In accordance with the approach taken in the October 2019 Decision a number of further corrections have been made to the terminology of rates in the following awards:

•  Aluminium Industry Award 2010 38

•  Animal Care and Veterinary Services Award 2010 39

•  Aquaculture Industry Award 2010 40

•  Banking, Finance and Insurance Award 2010 41

•  Car Parking Award 2010 42

•  Cement, Lime and Quarrying Award 2010 43

•  Corrections and Detentions (Private Sector) Award 2010 44

•  Cotton Ginning Award 2010 45

•  Electrical Power Industry Award 2010 46

•  Hydrocarbons Industry (Upstream) Award 2010 47

•  Fire Fighting Industry Award 2010 48

•  Legal Services Award 2010 49

•  Market and Social Research Award 2010 50

•  Medical Practitioners Award 2010 51

•  Nursery Award 2010 52

•  Oil Refining and Manufacturing Award 2010 53

•  Premixed Concrete Award 2010 54

•  Racing Industry Ground Maintenance Award 2010 55

•  Seafood Processing Award 2010 56

[10] More substantive award specific amendments have been made to the awards set out below.

2.3.1 Aluminium Industry Award 2010

[11] The current Aluminium Award includes the following provisions at 10.5(g) to (i):

(g) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that this clause will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(h) For the purposes of (g) above, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of this subclause, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(i) The amount payable by an employer under (g) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

(j) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

[12] These provisions were inadvertently omitted from the draft determination published on 2 September 2019 but have been inserted into the final determination to be issued on 25 November 2019 at clauses 12.7 to 12.10.

2.3.2 Ambulance and Patient Transport Industry Award 2010

[13] Clause 20.3(c) contains a reference to ‘double time’, this will be corrected to ‘200%’ consistent with other changes to the award:

(c) An employee who is required to continue or resume work without having had 8 consecutive hours off duty, must be paid at the rate of double time 200% until released from duty for 8 hours.

2.3.3 Banking, Finance and Insurance Award 2010

[14] Clauses B.2.1 and B.3.2 contain a footnote referring to the definition of permanent afternoon or night shift in clause 13.7(a). As Clause 13.7(a) does not define permanent afternoon or night shift it is our provisional view that the footnote in clauses B.2.1 and B.3.2 be deleted.

2.3.4 Cement, Lime and Quarrying Award 2010

[15] In the Exposure Draft published on 2 September, clause 2 contains a definition of ‘standard rate’ as follows:

cement and lime industry – the minimum weekly rate for Level 5 in clause 16—Minimum rates.

quarrying industry – the minimum weekly rate for Grade 5 in clause 16—Minimum rates

[16] In Schedule E.1.2 – allowances quarrying industry, the lead in words to the table of allowances are as follows:

‘The wage-related allowances for Quarrying employees under this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly wage rate for Quarrying industry Grade 4 in clause 16—Minimum rates = $837.20’

[17] The rates in the table are then calculated using the Grade 4 rate.

[18] The Quarrying Award 2010 Exposure Draft defines the standard rate as:

‘standard rate means the minimum wage for Grade 4 in clause 17—Minimum wages’

[19] It appears that the insertion of ‘Grade 5’ in the Exposure Draft published on 2 September 2019 was an error and it will be amended to ‘Grade 4’.

[20] Clause 14.6(e) contains a reference to ‘double time’, this will be corrected to ‘200%’ consistent with other changes to the award:

‘Where an employee is required to work on the employee’s rostered day off, the employee will be afforded the choice of another day off to be taken or the employee will be paid at the rate of double time 200%.’

[21] In the Exposure Draft published 2 September 2019, clause 18.2(c) contains the ‘Leading hand allowance’ for employees in the cement and lime industry and also for employees in the quarrying industry in a single table as follows:

A leading hand allowance is payable to an employee performing work as a leading hand (as defined) or who is in charge of the processing plant and is paid for all purposes:

[22] The current Cement and Lime Award and the current Quarrying Award treat leading hands in charge of a plant in different ways and including the allowances in a single table may result in confusion about the entitlements. The table will be split as follows with the lead in words to each table adapted from the current awards:

(i) Cement and lime industry

A leading hand allowance is payable to an employee performing work as a leading hand (as defined) or who is in charge of the plant and is paid for all purposes:

(ii) Quarrying industry

A leading hand allowance is payable to an employee performing work as a leading hand (as defined) or who is in charge of the processing plant and is paid for all purposes:

2.3.5 Fire Fighting Industry Award 2010

[23] Clause 22.3 of the variation determination contains a table which provides that public and private sector shiftworkers are to be paid 200% of the ordinary hourly rate for overtime hours and provides a rate of 260% of the minimum hourly rate for overtime.

[24] The current award provides at clauses 26.1(a)(iii), 26.2(a)(i) and 26.2(a)(ii) that the overtime rate for shiftworkers is to be based on 130% of the minimum weekly wage.

[25] In order to be clear regarding the calculations required for overtime, we have determined to remove the reference to ‘260% of the minimum hourly rate’ for shiftworkers, confirming that the rate of overtime for shiftworkers is 200% of the ordinary hourly rate (which includes the 30% loading payable to shiftworkers).

[26] Consequential amendments to remove the reference to “260% of the minimum rate” for shiftworker overtime calculations have been made to the tables in Schedule A.2.1 and A.3.2. Consequential amendments have also been made to the footnotes.

[27] Clause 22.3–Overtime rates omitted overtime rates for dayworker employees employed in the public sector. These rates are found in clause 26.1(b) of the current award which provides:

‘All time worked in excess of the daily or weekly ordinary hours of work is overtime and will be paid for at the rate of double time save that any overtime worked on a public holiday will be paid at the rate of double time and half.’

[28] It appears from the terms of the current award that dayworkers may not be excluded from receiving the 30% loading. Accordingly, the percentage rates for dayworkers employed in the public sector have been included as a percentage of the ordinary hourly rate.

[29] We propose that the table be amended as follows:

1 Ordinary hourly rate includes the 30% loading payable to shiftworkers.

[30] Clause 23 of the variation determination published 2 September included a table of penalty rates which contained incorrect rates. In order to clarify the rates for dayworkers and shiftworkers in the public and private sectors, we have made amendments to clauses 23.1, 23.2 and 23.3. The clause will now read as follows:

23. Penalty rates

23.1 Shiftworkers and dayworkers in the private sector will be paid the following penalty rates for all ordinary hours worked during the following periods.

1 Total hourly rate is 1/38th of the total weekly rate.

NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

23.2 Shiftworkers and dayworkers in the public sector are paid in accordance with clause 15—Minimum rates—public sector.

23.3 Public holidays—private sector day workers

(a) Not later than 2 weeks after a public holiday a day worker may elect to be paid at the rate of 150% of their ordinary hourly rate for each hour of rostered ordinary work performed on that day and granted one day’s leave instead of the public holiday. This entitlement is instead of the rate in clause 23.1.

(b) An employee whose rostered day off falls on a public holiday will be granted one day’s leave instead of the public holiday.

(c) An employee who is rostered to perform ordinary hours of work on a public holiday, but is granted leave in respect of that day, will be granted one day’s leave instead of such public holiday, except where the public holiday occurs during a period of leave without pay.

[31] The overtime rates in the tables in Schedule A of the variation determination published 2 September 2019 for public and private sector streams have been calculated slightly differently which has resulted in some differences in one or two cents due to rounding. The public sector overtime rate has been calculated as the minimum weekly rate added to the weekly shift loading before being divided by 38 and applying the 200% for overtime; as follows:

Public Sector

Min weekly rate: 771.90

Ordinary weekly rate: 771.90 x 130% (shift loading) = 1003.47

Ordinary hourly rate: 1003.47 / 38 = 26.41

Overtime rate: 26.41 x 200% = 52.82

[32] The private sector amounts have been calculated as the minimum weekly rate divided by 38, adding the hourly shift loading (30% of the minimum hourly rate) before applying the 200% for overtime as follows:

Private Sector

Min weekly wage: 771.90

Min hourly rate: 771.90/38 = 20.31

Ordinary hourly rate: 20.31 x 130% = 26.40

Overtime: 26.40 x 200% = 26.40*200 = 52.80

[33] Due to the application of rounding, as shown above, this does mean that the ordinary hourly rate (and therefore the overtime rate) for the public sector is different from the ordinary hourly rate (and the overtime rate) for the private sector, even for classifications with the same minimum hourly rate between sectors.

[34] Despite the matter identified above, we are not prepared, in the absence of any submissions, to amend the calculations in the tables. Parties are at liberty to make an application to the Commission.

[35] Parties are invited to comment on the issues raised and the proposed changes set out at [23] – [34] above by 4pm on Friday 20 December 2019. Should there be no opposition to the changes proposed, we will issue the variation determination incorporating the changes set out above.

2.3.6 Hydrocarbons Industry (Upstream) Award 2010

[36] Clause B.1.1 reads:

‘Ordinary hourly rate includes the industry allowance (clause 19.2(b)) which is payable for all purposes.’

[37] Clause B.1.3 reads:

‘Consistent with clause B.1.1, all purpose allowances need to be added to the rates in the table where they are applicable.’

[38] It is our view that clause B.1.3 be deleted as the reference to clause B.1.1 does not make sense.

2.3.7 Legal Services Award 2010

[39] The payment on termination model term was inserted into the current award in accordance with [2018] FWCFB 4735 and PR610152. This variation was inadvertently omitted from the draft determination published on 2 September 2019 and has now been inserted into the final variation determination to be issued on 25 November 2019.

2.3.8 Nursery Award 2010

[40] Clause 22.8(a) was included in the draft determination published on 2 September 2019. This provision has been deleted from the current award in accordance with PR588730 at item 7. The final variation determination to be published on 25 November 2019 has been updated to remove 22.8(a) and to renumber subsequent subclauses. Cross-references have also been updated.

[41] In the draft determination published on 2 September 2019, the lead in words to the table at Clause C.1.1 were as follows (emphasis added):

‘The following wage-related allowances are based on the weekly standard rate defined in Clause 2—Definitions as the minimum hourly rate for the Grade 2 classification in clause 5.1 = $20.42.’

[42] Clause 2 defines the ‘standard rate’ as follows (emphasis added):

‘standard rate means the minimum hourly rate for the Grade 2 classification in clause 15.1. This rate is to be used for the purposes of calculating the various allowances that are linked to the standard rate.’

[43] The final determination will be amended to remove the word ‘weekly’ from Clause C.1.1 as it is inconsistent with the definition of the standard rate.

2.3.9 Oil Refining and Manufacturing Award 2010

[44] The Exposure Draft overtime provisions provide as follows:

‘22.5 Method of calculation

(a) When computing overtime payments, each day or shift worked will stand alone.

(b) Any payments under clause 22.5 are in substitution of any other loadings or penalty rates.

22.6 Rest breaks during overtime

(a) An employee may take a paid rest break of 20 minutes after each 4 hours of overtime worked, if the employee is required to continue work after the rest break.

(b) The employer and an employee may agree to any variation of clause 22.6 to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 22.6.

22.7 Minimum break after overtime

A minimum break after overtime is provided in accordance with clause 15.4.’

[45] The Exposure Draft penalty rates provisions provide as follows:

‘23.7 Method of calculation

(a) When computing overtime payments, each day or shift worked will stand alone.

(b) Any payments under clause 23 are in substitution of any other loadings or penalty rates.

23.8 Rest breaks during overtime

(a) An employee may take a paid rest break of 20 minutes after each 4 hours of overtime worked, if the employee is required to continue work after the rest break.

(b) The employer and an employee may agree to any variation of clause 23 to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 23.

23.9 Minimum break after overtime

A minimum break after overtime is provided in accordance with clause 15.4.’

[46] Clauses 23.7 to 23.9 are essentially in the same terms as clauses 22.5 to 22.7 of the Exposure Draft. The previously published Exposure Draft of 13 February 2019 provides for ‘method of calculation, rest breaks during overtime and minimum break after overtime’ only under the overtime provisions and not the penalty rates provisions. Clauses 23.7 to 23.9 of the Exposure Draft have been inserted in error and will be deleted.

[47] Clauses 23.2 and 23.7(b) state:

‘23.2 Calculation of penalties

Any payments under clause 23 are in substitution of any other loadings or penalty rates.

…

23.7 Method of calculation

…

(b) Any payments under clause 23 are in substitution of any other loadings or penalty rates.’

[48] AWU submit that the content in these two provisions was repeated. We agreed with the AWU in a Statement 57 issued on 10 October 2019 and provided a provisional view that clause 23.2 be deleted. We confirmed our provisional view in the October 2019 Decision.

[49] As discussed above, it is our view that clauses 23.7 to 23.9 have been inserted in error and should be deleted. As clause 23.7 will no longer exist in the Exposure Draft, the issue of duplication with clause 23.2 does not arise. Accordingly, clause 23.2 will not be deleted.

2.3.10 Premixed Concrete Award 2010

[50] Clause A.1—Full-time and part-time employees of the Premixed Concrete Award states as follows:

‘A.1.1 Ordinary hourly rate includes the industry allowance (clause 18.2(b)) which is payable for all purposes.

A.1.2 Where an additional allowance is payable for all purposes in accordance with clause 18.2(a), this forms part of the employee’s ordinary hourly rate and must be added to the ordinary hourly rate prior to calculating penalties and overtime. Consistent with clause A.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.’

[51] It is our view the following be deleted from clause A.1.2:

‘Consistent with clause A.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.’

2.3.11 Port Authorities Award 2010

[52] On 21 June 2017 the Commission issued a Determination 58 varying the National Training Wage clause in the Port Authorities Award 2010. Clauses 15.3(b) and 15.3(c) were inadvertently deleted when these changes were incorporated in the Exposure Draft. Clauses 15.3(b) and 15.3(c) have now been restored in the variation determination and the National Training Wage clause has been moved to clause 15.8 and remaining clauses renumbered accordingly.

2.3.12 Racing Industry Ground Maintenance Award 2010

[53] The current Racing Industry Ground Maintenance Award 2010 provides for block release training provisions at 14.5(f) to (n).

[54] These provisions were inadvertently omitted from the draft determination published on 2 September 2019 but have been inserted into the final determination to be issued on 25 November 2019 at clauses 15.3(e) to 15.3(m) with cross-references updated accordingly.

[55] In clause B.3.1, which sets out rates for casual employees, a ‘morning work’ shift penalty rate for the ‘tradesperson’ classification had been erroneously inserted into the table of rates. That shift rate is not applicable for employees in the tradesperson classification and consistent with the table in B.2.1 (dealing with full-time and part-time employees) the rate in the table has been replaced by ‘N/A’.

2.3.13 Silviculture Award 2010

[56] In the draft determination for the Silviculture Award published on 2 September 2019, clause 19.2(b) was as follows (emphasis added):

‘19.2(b) day means all the time between the normal starting time of one day and the normal finishing time of the next day;’

[57] The equivalent clause in the current award is set out below (emphasis added):

‘26.5(b) day means all the time between the normal commencing time of one day and the normal commencing time of the next day;’

[58] The use of the word ‘finishing’ in clause 19.2(b) appears to be an error. The final variation determination has been amended to delete the word ‘finishing’ in clause 19.2(b) and insert the word ‘starting’.

2.3.14 State Government Agencies Award 2010

[59] On 16 October 2019, the State Government Agencies Award 2010 was varied to include the payment of wages on termination of employment model term. 59 This variation was not included in the draft determination published on 2 September 2019. The final determination will be varied to include the payment of wages on termination term.

3. Next steps

[60] Final variation determinations will be issued on 25 November 2019 for the 31 modern awards set out in [1] above (except for the Fire Fighting Industry Award 2010).

[61] Interested parties have 14 days to file an objection to any of the amendments outlined in this decision. All objections must be sent electronically to amod@fwc.gov.au and chambers.ross.j@fwc.gov.au. If an objection is filed, it will be dealt with in the conference procedure outlined at [216] of the October 2019 Decision.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR714370>

 1   [2019] FWCFB 7173.

 2   The Cement and Lime Award 2010 and the Quarrying Award 2010 are being amalgamated and will become the Cement, Lime and Quarrying Award 2020. The Quarrying Award 2010 will be revoked effective 4 February 2020.

 3   In the October 2019 Decision (at [164]) we proposed the deletion of rates of pay in Schedule B (relating to Adult Casual employees) of the Real Estate Industry Award 2010. Parties had until 4pm on Friday, 8 November 2019 to advise if they oppose the proposed deletion. No submissions were received and we confirm that the award will be varied in accordance with our earlier proposal and a final variation determination issued with this decision.

 4   [2019] FWCFB 7062.

 5   In clause 4.1 the word ‘industry’ has been inserted after the word ‘This’. The word ‘an’ in the brackets in clause 16.3(a)(i) and (ii) has been deleted. In clause 18.6 ‘a’ has been inserted before ‘tool allowance’. In clause 22.9, the word ‘sections’ has been replaced with ‘section’. The word ‘the’ has been removed from clause C.1.1.

 6   Formatting error – numbering has been removed in clause 12 as sub-clause style is unnecessary. Minor typographical error, ‘ssAdministrative Officer Band 3’ changed to ‘Administrative Officer Band 3’ in clause 16.1(b). Minor typographical error in A.1.2, ‘An SAO’ amended to read ‘A SAO’. Note at the start of Schedule B deleted. Minor correction for consistency – in B.2 and B.3 a row with ‘$’ has been inserted for consistency with B.1. Minor typographical error, the word ‘clause’ has been inserted into C.1.1 before ‘2–Definitions’.

 7   Formatting error – numbering has been inserted to clause 16.1 as it was in paragraph form. Clauses thereafter renumbered and cross-references corrected within clause 16 and in C.2.1and C.2.2. Cross-reference in clause 32.3(e) to clause 1.1 corrected to refer to clause 31.2.

 8   Reference in clause 15.4 to ‘clause 20.7’ changed to refer to ‘clause 20.8’.

 9   In clauses 4.5 and 4.6 the word ‘industries’ has been replaced with ‘industry’ for consistency with the definition at clause 4.2. In clause 7.2, the cross-reference to clause 16 has been changed to clause 16.1. In clause 21.1, the cross-reference to clause 27.2 has been changed to clause 27.4. In clause 27.4, the cross-reference to clause 27.2 has been changed to clause 27.4.

 10   In clause 19.4(a), the reference to clause 19.3(a) has been amended to clause 19.3(b). In clause 19.4(b), the reference to clause 19.4(b) has been amended to clause 19.4(a). In clause 19.5(a), the reference in clause 19.3(a) has been changed to refer to clause 19.3(b). In clause 24.2, the word ‘Provisions’ has been amended to ‘provisions’.

 11   In clause 2 the reference to ‘clause 15’ in the definition of ‘standard rate’ has been amended to refer to ‘clause 17’. Clause 11.7(g)(i) has been amended to read as follows ‘that is, the casual employee is not truly a regular casual employee as defined in clause 11.7(b)’. In clause 33.1(b) the reference to ‘clause 19.3(b)’ has been amended to ‘Table 1—Period of notice’. In B.1.1 the reference to ‘clause 15’ has been amended to ‘clause 17—Minimum rates’.

 12   In clause 2 under the definition of ‘employee in charge of processing plant’ at (a) the word ‘employer’ has been added after the words ‘appointed by the’. Under the same definition under (c) the word ‘assisting’ has been amended to ‘assists’. In clause 4.4 and 4.5 the reference to ‘cement and lime and quarrying industry’ has been amended to ‘cement and lime industry and quarrying industry’. In clause 4.5 the words ‘those industries’ deleted and replaced with ‘that’ industry. In clause 12.1 the reference to the Schedule B heading has been amended to ‘Quarrying Industry-Classifications and Core Competencies’. In clause 16.1, Schedule C—Cement and Lime Industry—Classifications and Core Competencies has been corrected to refer to Schedule C—Cement and Lime Industry—Summary of Hourly Rates of Pay. In clause 16.5 the reference to ‘Cement and Lime Award 2010, Quarrying Award 2010’ has been amended to ‘Cement, Lime and Quarrying Award 2020’. In clause 20.8, the duplication of the reference to ‘clause 20.8’ has been corrected. In clause E.1.2 the word ‘in’ after ‘allowances’ has been deleted. Further, in clause E.1.2 ‘Leading hand in charge of—in charge of plant’ has been amended to read ‘Leading hand in charge of—in charge of processing plant’.

 13   In clauses 4.2 and 4.3 the references to ‘this subclause’ have been replaced with ‘clause 4.2’ and ‘clause 4.3’ respectively. In clause 10.5(e) the reference to ‘this subclause’ has been replaced with ‘clause 10.5’. In clause 14.4(c) and 14.4(h) the references to ‘this subclause’ have been replaced with ‘clause 14.4’.

 14   In clause 4.6, the words ‘in to’ have been replaced with ‘at’. In clause 12, the word ‘in’ has been inserted before ‘Schedule’. In clause 15.2(c) the word ‘tables’ has been amended to ‘table’. A ‘)’ has been inserted to close the brackets in clause 19.3(b). In clause 19.7(c)(iii), the word ‘and’ has been inserted. In the footnote to B.1.3, the words ‘see clause 13.4(a)(iii)’ have been inserted at the end for consistency with B.1.4 and B.2.2.

 15   In C.4.3 Storeperson grade 3, there has been a formatting change to create a sub-list under the 5th bullet point.

 16   In the definition of NES at clause 2, ‘ss’ has been amended to ‘sections’. In clause 7.2, the cross-reference in the table has been amended from clause 18 to clause 18.1. In clause 14.1(e) and 14.2(c) reference to “clause 8—Types of employment” has been replaced with “clause 10—Part-time employees”. A grammatical error was detected in clause 21.2(a) and the clause has now been amended to “See Schedule A—Summary of hourly rates of pay for a summary of hourly rates of pay including overtime”. In clause 32.1(b), a formatting change has been made so that the clause appears together instead of with a gap.

 17   In clause 15.1 the reference to ‘footnote 1’ which appeared in the table heading has been deleted as no such footnote exists. In clause 17 the paragraph at the start of the clause has been numbered as ‘17.1’, the rest of the clause has been renumbered accordingly. In clause 17.2 the references to ‘clause 11.2(a)’ and ‘clause 11.2(b)’ have been amended to ‘clause 17.2(a)(i)’ and ‘clause 17.2(a)(ii)’ respectively.

 18   In the definition of ‘standard rate’ in clause 2 the word ‘wage’ has been amended to ‘rate’. Also in clause 2, the definition of ‘total weekly wage’ has also been amended to ‘total weekly rate’ and the word ‘wage’ within the definition amended to ‘rate’. Consequential amendments have been made to clauses 11.3(e), 11.6(e), 15, 19.3, 22.1(b)(iv),23.1, 24.3(c) and B.1.2(b). The term ‘minimum weekly wage’ has been replaced by ‘minimum weekly rate’ in clauses 22.1(b)(iii) and B.1.1. A standard note has been added at the end of the table in clause 15. The reference to ‘clause 12—Minimum wages—public sector” in clause 22.1(b)(iii) has been amended to ‘clause 15—Minimum rates—public sector’. Cross reference in clause 24.7(a) to ‘clause 24.6(a)’ has been changed to refer to ‘clause 24.6(b)’. Cross reference in clause 24.8(a) to ‘clause 24.6(a)’ has been changed to refer to ‘clause 24.6(b)’. Cross reference in clause 24.8(d) to ‘clause 24.8(b)’ has been changed to ‘clause 24.8(a)’. The numbering contained in clause 26.2 has been corrected and the reference to ‘clause 24.1’ deleted. In Schedule B.1.1’Relieving allowances’ in the table have been amended from ’19.4(a)’ and ’19.4(b)’ to ’19.4(a)(i)’ and ’19.4(b)(i)’ respectively. In B.2.1, reference to ‘clause 0’ has been changed to refer to ‘clause B.2.2’.

 19   In clause 2 the definition of ‘exempt public sector superannuation scheme’ has been moved to a separate line. In clause 9 the reference to ‘ordinary hours of work and rostering’ have been deleted as they are an incorrect cross reference. In clause 10.3 the words ‘for each’ have been repeated, the repeated words have been deleted. In clauses 15.1 and B.2.1 the level 4 minimum rate is missing a ‘0’ and has been amended to ‘22.70’. In clauses 15.3(a) and 15.3(b) the words ‘(level 4)’ have been inserted after the words ‘tradesperson classification’. In clauses 15.4(a) and B.6.1 the word ‘Level’ has been inserted after ‘Introductory’ within the tables so that the description is ‘Introductory Level rate’. Formatting error – numbering has been inserted to clause 17.1 as it was in paragraph form, the clauses thereafter renumbered. The cross references to this clause in C.1.1 and C.1.2 have been amended accordingly. The cross-reference in clause 20.4 to ‘clause 17’ has been amended to refer to’ clause 20’. At footnote 118 of the October 2019 decision we confirmed that ‘Administrative changes will be made to correct the rounding of the junior weekly rates contained in Schedule B to the Gardening and Landscaping Services Award 2010 (including a change to the preamble)’, these amendments have also been made in B.5.1, B.5.2 and B.6.2. At B.6.1 the words ‘Minimum wage rate’ have been added as a heading in the table.

 20   In the definition of ‘standard rate’ in clause 2 the word ‘wage’ has been amended to ‘rate’. In clause 7.2(a) the word ‘clauses’ has been amended to ‘clause’. In clause 7.2(d) the reference to ‘clause 15.3—Meal breaks’ has been amended to ‘clause 15.3—Scheduling of breaks’. In clause 7.2(g) the reference to ‘clause 24.8’ has been amended to ‘clause 24.11’. Clauses 11.4 and 11.5 have been reformatted as clauses 11.3(a) and (b), with consequential renumbering of other clauses within clause 11. Clause 11.8 (Storms and cyclones) has been moved to clause 16.8. In clause 13.1(b) the reference to ‘clause 8—Types of employment’ has been changed to refer to ‘clauses 10—Part-time employees and 11—Casual employees’. Reference in clauses 16.2 and 16.3 to ‘applicable adult weekly wage’ has been changed to ‘applicable adult weekly rate’. Clause 16.3(f) contained a typographical error, the word ‘clasue’ has been amended to ‘clause’. In clause B.1.3 the cross-reference to clause 19.2(a) has been amended to clause 19.2(a)(ii) to accurately pinpoint the all-purpose licence allowance. Reference in clause 22.5 to ‘clause 22.5’ has been changed to refer to ‘clause 22’. Reference in clause 23.7 to ‘clause 23.7’ has been amended to refer to ‘clause 23’. In clause 29.2 the reference to ‘clause 22—Overtime’ has been amended to ‘clause 22.2(c)’. In B.1.2 the cross reference has been amended to pinpoint the all-purpose Licence allowance—electricians at clause 19.2(a)(ii).

 21   In the definition of ‘law graduate’ at clause 2 the word ‘means’ has been inserted after ‘law graduate’. Cross-reference in clause 4.1 has been amended to refer to Schedule A—Classifications. A reference to clause 16.1 has been inserted to the table in clause 7.2. In clause 15.1 the heading ‘15.1 Adult employee rates’ has been inserted, cross references to this clause have been amended accordingly. References in clauses 22.10(b) and 22.10(c) to ‘clause 22.9(a)’ have been amended to ‘clause 22.10(a)’.

 22   In clause 7.2 the ‘&’ has been replaced with a ‘,’. In NOTE 2 to clause 15.6 the reference to ‘clause 15.6(b)’ has been amended to ‘clause 15.6(c)’. Formatting error – numbering has been inserted to clause 16.1 as it was in paragraph form. Consequential renumbering of clauses thereafter as well as the cross reference to clause 16.1 in C.1.1 amended. In clause 20.6(a) the reference to ‘clause 20.5(a)’ has been amended to ‘clause 20.5 (b)’. In clause 20.7(a) the reference to ‘clause 20.5(a)’ has been amended to ‘clause 20.5(b)’. In clause 31.3(e) the reference to ‘clause 31.2’ has been amended to ‘clause 30.2’.

 23   Reference in clause 22.8(a) to ‘clause 22.7(a)’ has been changed to refer to ‘clause 22.7(b)’. Reference in clause 22.9(a) to ‘clause 22.7(a)’ has been changed to refer to ‘clause 22.7(b)’. Reference in clause 22.9(d) to ‘clause 22.9(b)’ has been changed to refer to ‘clause 22.9(a)’. In clause A.2.1 the reference to ‘Travelling, transport and fares’ has been amended from clause ‘18.3(c)’ to ‘18.3(c)(i)’.

 24   In the definition of ‘casual employee’ in clause 2 the reference to ‘clause 8—Types of employment’ has been amended to ‘clause 11—Casual employees’. A full stop has been added at the end of clause 4.3(d). Reference in clause 10.6 to ‘clause 13.2’ has been amended to ‘clause 13.2(b)’ to reflect the provision relating to the spread of hours. In clause 15.1(a) a separate row has been created for ‘$’ so the dollar sign sits below the column headings. In clause 15.1(c) the ‘or’ has been moved from the first bullet point to the second bullet point. Reference in clause 18.1 to Schedule B has been amended to Schedule C—Summary of Monetary Allowances. In clause 20.1 the table heading has been amended from ‘ordinary hours worked’ to ‘overtime hours worked’.

 25   In clause 2 the reference to ‘ss’ has been amended to ‘section’. In clause 7.2(d) the reference to ‘Clause Part 1—Rest breaks during overtime’ has been amended to ‘Clause 22.6—Rest breaks during overtime’. In clause 15.5 the reference to ‘clause 1.1’ has been amended to refer to ‘clause 22.6’. The two tables in clause 16.1—Adult employees have been merged. The footnote previously appearing after the column heading “minimum hourly rate” in the table containing minimum rates for clerical employees has been applied to the column heading “minimum hourly rate” in the merged table as footnote ‘1’. The decision [2019] FWCFB 7173 at [145] states “Ai Group submit that the purpose and effect of the words “(other than clause 18.1)” in clause 18.1(a)(i), and “(other than clause 18.2)” in clause 18.2(b)(i) is unclear and the words should be deleted.” The reference to clause 18.2(b)(i) in the decision should instead be to clause 18.2(a)(i). This amendment has been made. In clause 22.1(c) the word ‘clause’ has been amended to ‘clauses’. In clause 22.4(j) the reference to ‘clause 22.1(b)’ has been amended to ‘clause 22.4(b)’. In clause 22.6(b) the reference to ‘clause 22.6’ has been amended to ‘clause 22’. At A.2.2(b)(vii) bullet point 5 and A.2.3(b)(iii) bullet point 4 the commas have been replaced by semi-colons.

 26   In clauses 8 and 9 the subclause numbering of 8.1 and 9.1 have been deleted as they were unnecessary. In clause 7.2 the reference to ‘clause 16’ has been amended to ‘clause 16.1’. In clause C.2.2 clauses (a) and (b) referred to as (f) and (g) in error and have been amended to (a) and (b) respectively. In E.2 the reference to the ‘Department of Education, Employment and Workplace Relations’ has been replaced by ‘Department of Social Services’.

 27   In clause 13.1(d) the reference to ‘clause 8–types of employment’ has been amended to ‘clause 10–part-time employees’. In clause 20.4(b) the word ‘ten’ has been amended to ‘10’.

 28   In clause 2 the reference to ‘ordinary hourly rate’ in clause 2 has been amended to clause 15—Minimum rates. When referring to clause 16 in clause 7.2, the words ‘or an individual’ have been added to text contained in the column headed ‘Agreement between an employer and’. In clause 10.4 the ‘(d)’ has been deleted before ‘An employer’. Reference in clause 10.6 to ‘clause 11’ has been amended to ‘clause 11—Casual employees’. Reference in clauses 11.5(n), 11.5(o) and 11.5(p) to ‘clause 11.3’ have been amended to ‘clause 11.5’. Reference to ‘this subclause’ in clause 11.5(q) has been amended to clause 11.5. Reference to ‘this subclause’ in clause 15.3(a)(i) has been amended to ‘clause 15.3(a)’. References in clauses 15.3(d)(ii) and 15.3(d)(v) to ‘clause 15’ have been amended to ‘clause 15.1’. Note at the top of clause 16—Payment of wages has been duplicated at the end of clause 16.3, and the duplicate has been deleted. Reference in clause 16.3 to ‘clause 10A.1’ has been amended to ‘clause 16.1’. In clause 26.2 the word ‘holidays’ has been amended to ‘holiday’. Reference in clauses 30.1(c) and 30.1(d) to ‘clause 30.1’ have been amended to ‘clause 30.1(b)’. In clause C.1.1 the footnote has been deleted as the ‘penalty for late payment of wages’ provision was removed by PR588643.

 29   In clause 13.3(b)(iii) the word ‘two’ has been replaced by the numeral ‘2’. In clause 16.4(a), the word ‘Award’ has been replaced by ‘award’. A semicolon has been inserted at the end of clause 16.7(e)(i). In clause 16.7(f)(ii) the reference to ‘clause (iv)’ has been replaced by a reference to ‘clause 16.7(f)(iv)’. In clause 17.7(e) the reference to ‘this sub-clause’ has been amended to ‘clause 17.7’. In clause 17.10(c) the reference to ‘clause 10.9(a)’ has been amended to ‘clause 17.10(a)’. In clause 29.1(c) the reference to ‘paragraph (b)’ has been amended to ‘clause 29.1(b)’. In clause 29.1(d) the reference to ‘paragraph (c)’ has been amended to ‘clause 29.1(c)’. In clause 20.8 the cross reference to ‘clause 20.8’ has been repeated, the duplicate has been deleted. In E.1.2 the word ‘processing’ has been added before ‘plant’.

 30   In clause 7.2 the reference to ‘clause 16’ has been amended to ‘clause 16.2’. In clause 10.1(c) the word ‘Award’ has been changed to ‘award’. In clause 13.6(c) the word ‘clause’ has been amended to ‘clauses’. At clause 19.3(c)(ii) the word ‘Once’ has been changed to ‘once’. In clause 19.7(e) the reference to ‘clause 19.7(a)’ has been amended to ‘clause 17.3(a).’ In clause 19.9(g) the reference to ‘19.3(e)’ has been amended to ‘19.9(e)’ and the word ‘clause’ has been inserted before ‘19.9(e)’. In NOTE1 to clause 21.9 the word ‘clause’ has been inserted before 21.9(d). In clause 21.10(b) the reference to ‘clause 21.8(b)’ has been amended to ‘clause 21.10(a)’. In clauses 21.10(c) and (e) the references to ‘clause 21.10(b)’ have been replaced with ‘clause 21.10(a)’. In clauses 21.11(d), (e), (f), (g) and (i) the references to ‘clause 21.14’ have been replaced by ‘clause 21.11’. In clauses 26.4(a) and (d) the references to ‘clause(c)’ have been replaced with ‘clause 26.4(c)’. In C.10.5 the reference to ‘clause C.10.5’ has been amended to ‘clause C.5’.

 31   In clause 2, the numbering in the definition of ‘Tree measurer (basic)’ has been amended so that it reads (a) to (e) instead of (d) to (h). In clause 4.5(a) ‘Fair Work Act 2009 (Cth)’ has been replaced with ‘the Act’. In clause 13.3(b) the word ‘day’ has been amended to ‘days’. In clause 14.2, the reference to ‘clause 9.1’ has been amended to ‘clause 14.1’. In clause 14.5(a), the reference to ‘clause 14.5’ has been amended to read ‘clause 14’. In clause 17.4(b)(ii), the word ‘of’ after ‘either the employee’s ordinary weekly rate’ has been amended to ‘or’. In clause 17.5(i)(ii), the reference to ‘clause 11.4(i)(i)’ has been amended to ‘clause 17.5(i)(i)’. The “Work in preparation” provision previously appearing at clause 17.5(g) has been moved and now appears at clause 17.5(i). Previous clauses 17.5(h)— Requirement to transfer and 17.5(i)—Transfer during ordinary working hours have consequently become clauses 17.5(g) and 17.5(h) respectively. A consequential amendment has been made in the Summary of Monetary Allowances to the clause reference for the allowance relating to a transfer during ordinary working hours (now contained at clause 17.5(h)(ii). In clause 17.5(j) the reference to ‘clause 17.5(j)’ has been amended to ‘clause 17.5’. In clause 17.7(b)(ii) the words ‘a’ and ‘leave’ have been added so that the clause refers to ‘a long service leave registration card’. In clause 17.7(d)(iv) the word ‘the’ after ‘such’ has been deleted. In clause 19.2 the cross reference to ‘clause 19.2’ has been amended to read ‘clause 19’. In clause 21.12(f) the reference to ‘clause 15.11(e)’ has been amended to refer to ‘clause 21.12(e)’. In clause 22.5(a), the word ‘this’ has been deleted before the words ‘clause 22.5(a)’. Clause 22.8(a) has been deleted, this clause said ‘clause 22.8 comes into operation from 20 December 2017’ and has been deleted from all other awards, the rest of the clause has been renumbered accordingly. In clause 22.8(e), the ‘p’ has been deleted before the word ‘clause’.

 32   In clause 4.5, the word ‘that’ has been inserted after ‘parts of’. In A.3.4 the first paragraph was missing a clause number and has been amended to become A.3.4(a), the rest of that clause has been renumbered accordingly.

 33   In clauses 15.3(d) and 15.3(f) the word ‘this’ has been deleted before the word ‘clause’. The reference in clause 22.6(a) to clause 25.5(a) has been amended to 22.5(b). In A.1.2 an ‘s’ has been inserted at the end of the word ‘guideline’. At A.4.1(c)(ii), A.4.2(b)(iii) and A.4.2(c)(v) a full stop has been inserted at the end of the final bullet points. At A.4.2(c) the list has been changed from bullet points to roman numerals.

 34   The word ‘of’ has been inserted in the level 4, Advanced diploma row of the table at clause 17.5 so that it reads ‘100% of Level 5 rate’. The word ‘clause’ has been inserted before 18.6(b) in Note 2 to clause 18.6. In clause 22.5(a) and 22.6(a) the references to clause 22.4(a) have been changed to 22.4(b).

 35   In clause 10.1 the word ‘classifications’ has been inserted after ‘clause 12’. In clause 22.5 the reference to ‘clause 22.4(a)’ has been amended to ‘clause 22.4(b)’. In clause 27.2 the reference to clause 21 has been amended to include the full clause title ‘Penalty rates – Sundays and public holidays – full-time, part-time and casual employees’. In clause A.1.2 text ‘ss’ in the table has been deleted.

 36   In clause 4.6 the word ‘that’ has been inserted after the words ‘parts of’. In clause 11.5(k)(ii) the reference to clause 11.5 has been amended to refer to clause 10.3. In clause 13.2(e), the references to ‘clause (b)’ and ‘clause (d)’ have been amended to ‘clause 13.2(b)’ and ‘clause 13.2(d)’ respectively.

 37   [2019] FWCFB 5409.

 38   In clause 21.3 the work ‘rate’ has been inserted after ‘penalty’.

 39   In clause 20.1(a)(ii) and 21.2 the words ‘shift penalties’ have been replaced by ‘shiftwork penalty rates’.

 40   The words ‘a rate made up of’ have been inserted after ‘paid’ in clause 11.2, consequential amendments have been made to clauses 20.2(b) and 20.3(a) to refer to the ‘rate’ in 11.2. Headings in clause 21 and 21.3 have been amended to refer to ‘penalty rates’ instead of ‘penalties’, a consequential amendment has been made to clause 7.2 to reflect this change. Footnote in clause 21.3(a) amended to remove the word ‘extra’ and to insert the words ‘afternoon, night and non-successive afternoon or night’ before the word ‘shift’ and the word ‘allowance’ amended to ‘rate’. In clause 21.5 the word ‘penalties’ has been amended to ‘penalty rates’.

 41   In clause 13.7(c)(i) the word ‘loadings’ has been replaced by the word ‘rates’. In clauses 21.1, 21.2, 27.4 and B.2.1 the word ‘penalties’ has been replaced with ‘penalty rates’.

 42   In clause 23.4 the term ‘shift penalties’ has been amended to ‘shift penalty rates’. In clause 23.6, the word ‘rate’ has been inserted after the words ‘shift penalty’.

 43   In clause 14.4 the word ‘penalties’ has been amended to ‘penalty rates’. In clauses 21.3, 21.4, 21.5 and 21.6 the word ‘penalties’ has been amended to ‘penalty rates’.

 44   In clause 11.3 the word ‘penalty’ has been amended to ‘penalty rates’ wherever it appears in the clause, including the clause heading.

 45   In clause 22.1(a), ‘penalties’ has been amended to ‘penalty rates’.

 46   In clause 20 the reference to ‘penalties’ has been amended to ‘penalty rates’.

 47   In clause 23.2 the reference to ‘penalties’ has been amended to ‘penalty rates’.

 48   In clause 11.5(e) reference to “shift penalty” has been replaced by “shift loading”.

 49   In clauses 21.3, 21.4(c) and 21.6 the references to ‘shift penalties’ have been amended to ‘shift penalty rates’.

 50   In clauses 19.1 and C.2 the references to ‘penalty’ or ‘penalties’ have been amended to read ‘penalty rates’.

 51   The title of clause 21.1 has been amended from ‘Payment of shift penalties’ to ‘Payment of shift penalty rates’. In A.1.1 and A.1.3 the word ‘penalties’ have been amended to ‘penalty rates’.

 52   In clauses 27.2 and 27.3 the references to ‘penalties’ have been amended to read ‘penalty rates’.

 53   Reference to ‘penalties’ in clauses 23.2 and 23.3 has been amended to ‘penalty rates’.

 54   In clause 14.1(d) the reference to ‘shift penalties’ has been amended to ‘shiftwork penalty rates’.

 55   In B.2.2 and B.3.2 the word ‘penalties’ in the heading has been amended to ‘penalty rates’.

 56   The title of clause 20.5 has been amended from ‘afternoon and night shift penalties’ to ‘afternoon and night shift penalty rates’. In clause 20.6, ‘shift allowances’ has been changed to ‘shift penalty rates’.

 57   [2019] FWCFB 6894 at para [130].

 58   PR593835.

 59   Decision [2018] FWCFB 4735, PR610156.