DECISION

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

4 yearly review of modern awards—Sugar Industry Award 2010
(AM2017/56)

4 yearly review of modern awards – Sugar Industry Award 2010– substantive issues – hourly rates and 38 hour week.

[1] This Decision concerns an issue arising under the Sugar Industry Award 2010 (the Award) in relation to the manner in which hourly rates are expressed. The issue arises because of a particular averaging system which is used in the sugar industry for the purposes of the implementation of a 38 hour week.

[2] In Statements issued on 24 March 2020 1 and on 22 April 20202 we proposed wording for a Note to be inserted into the Award to clarify this matter. A Conference of the parties was also conducted on 24 April 2020.

[3] The wording of the proposed Note was further amended in consultation with the parties at that Conference. The proposed Note was published on the AMOD website on 23 April 2020 to allow further comment to be made and on the basis that if no objections were received a Determination would be issued varying the Award by inserting the Note.

[4] As no issue has been taken with the proposed Note published on 23 April 2020, we will proceed to vary the Award. The variation will take effect on 29 April 2020. A Determination [PR718596] giving effect to the variation is published with this Decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR718611>

 1   [2020] FWCFB 1550.

 2   [2020] FWCFB 2066.