STATEMENT

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

4 yearly review of modern awards—Professional Employees Award 2020—Substantive claims
(AM2019/5)

4 yearly review of modern awards – award stage – group 4 awards – substantive issues –Professional Employees Award 2020

[1] This Statement deals with substantive claims by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Industry Group (Ai Group) to vary the Professional Employees Award 2020 (the Professionals Award) as part of the 4 yearly review of modern awards (the Review).

[2] On 22 April 2020, we issued a Decision 1 (the April 2020 Decision) concerning a claim by APESMA to vary Clause 13 – Hours of work and a claim by Ai Group to vary Clause 2 – Definitions of the Professionals Award.

[3] In the April 2020 Decision, we said that we were satisfied that the proposed amendment to Clause 2 had merit and was necessary to achieve the modern awards objective. We granted the claim by Ai Group and amended the Professional Award accordingly.

[4] In respect of APESMA’s claim to vary Clause 13 of the award, in the April 2020 Decision, we said that there were four deficiencies in the proposed clause. 2 We also said that the proposed clause lacked merit and we rejected the claim.

[5] In the April 2020 Decision, we provided APESMA and Ai Group an opportunity to rectify the deficiencies in their proposed award variation and to submit a revised variation determination and submission in support. The following submissions were received:

•  APESMA

•  Ai Group

[6] Interested parties are given 14 days to respond to the submissions filed. Submissions are due by 4pm on Tuesday 29 September 2020 and sent to chambers.ross.j@fwc.gov.au.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2020] FWCFB 2057

 2   Ibid at [85]