| [2020] FWCFB 1079 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 2 MARCH 2020 |
4 yearly review of modern awards – finalisation of variation determinations –Tranche 3 –Construction awards.
[1] This statement deals with the finalisation of the 4 awards set out below (collectively the Construction awards):
• Building and Construction (General) On-Site Award 2010
• Joinery and Building Trades Award 2010
• Mobile Crane Hiring Award 2010
• Plumbing and Fire Sprinklers Award 2010
[2] On 29 January 2020, we issued a decision in relation to the finalising the exposure drafts in Tranche 3. 1 Draft variation determinations were issued with the decision. The Construction awards were included in Tranche 3. The decision included directions for the filing of materials as follows:
‘Submissions are to be filed by no later than 4:00 pm on 4 March 2020. Submissions in reply are to be filed by no later than 4:00 pm on 27 March 2020. All submissions must be sent electronically to amod@fwc.gov.au. An oral hearing will take place at 9:30 am on Monday 6 April 2020 and Tuesday 7 April 2020.’
[3] On 20 February 2020, Master Builders Australia wrote to the Commission seeking an exemption from compliance with the Tranche 3 directions for the Construction awards. 2 The basis for this request was that a number of matters in the Construction awards are still before another Full Bench (AM2016/23) (the Construction Full Bench). This request was supported by the Housing Industry Association3, the Australian Industry Group4 and the CFMMEU–Construction and General Division.5
[4] The Construction Full Bench issued a decision on 18 December 2019 6, however no final variation determinations have been issued. The 18 December 2019 decision confirmed that the award variations determined by that Full Bench would have an operative date of 1 July 2020.
[5] In addition, issues relating to the National Training Wage Schedule remain outstanding in relation to the Joinery and Building Trades Award 2010 and the Mobile Crane Hiring Award 2010 7 and the issue of payment of wages on termination is outstanding in Building and Construction General On-site Award 2010, Mobile Crane Hiring Award 2010 and Plumbing and Fire Sprinklers Award 2010.8
[6] On 4 April 2019, the President issued a Statement 9 noting that separate directions regarding the filing of submissions for the Construction awards would be issued after the Full Bench in AM2016/23 has been finalised. The parties have requested that this process remain in place. We confirm that the Construction awards will be exempted from the directions issued in relation to Tranche 3 awards on 29 January 2020.
[7] We will re-publish the exposure drafts for the Construction awards after the Construction Full Bench in AM2016/23 has issued final variation determinations. These variation determinations will be incorporated into the updated exposure drafts. Separate directions for finalising the exposure drafts will be issued in due course.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR717093>
2 MBA correspondence, 20 February 2020
3 HIA correspondence, 20 February 2020
4 Ai Group correspondence, 20 February 2020