STATEMENT

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

4 yearly review of modern award
(AM2019/17)

4 yearly review of modern awards – finalisation of Exposure Drafts and variation determinations – Tranche 2–Educational Services (Schools) General Staff Award.

[1] This statement deals with the finalisation of the exposure draft and variation of the Educational Services (Schools) General Staff Award (the Schools Award).

[2] The Schools Award was included in Tranche 2 for the purposes of the finalisation of exposure drafts process. 1

[3] In a decision of 14 October 2019 2, we expressed the provisional view that the Schools Award should be varied in accordance with the draft variation determination3 published on the same day.

[4] During the course of the subsequent hearing on 18 December 2019 the IEU drew our attention to the fact that the exposure draft and draft variation determination had not incorporated a series of amendments made to the award by a Full Bench of the Commission on 21 December 2015. These amendments are set out in a determination numbered PR575283 (the 2015 determination).

[5] In a decision of 24 December 2019 4, we decided to republish the exposure draft and draft variation determination, incorporating the amendments from the 2015 determination and provide a further opportunity for interested parties to comment.

[6] The exposure draft has now been updated to incorporate the 2015 determination. In addition, a number of other amendments have been made. These are set out below.

[7] The December 2019 decision set out a number of general and award specific amendments. These are outlined below:

•  The common drafting amendments as set out at [7] have been made.

•  The minor typographical errors set out at [25] have been amended.

•  The amendments to the definition of ‘night shift’ as set out from [174] to [177] have been made.

•  The agreed position of the parties as set out at [180] has been incorporated.

•  The amendment proposed to clause 21.3(b)(iii) at [186] has been made.

•  The words ‘an amount of up to’ in Schedule C.2.1 have been deleted in accordance with [193].

[8] A number of other small amendments have been made:

•  On 17 December 2019, a Full Bench issued a decision to vary the Part-day public holidays schedule that in contained in 113 of the 121 modern awards, including the Award. Variation determinations giving effect to this decision were subsequently published. The exposure draft has been updated to reflect the part-day public holiday variation determination.

•  Other minor drafting amendments have been made in tracked changes. Each of these amendments has been noted in the table of updates at the front of the exposure draft.

[9] The revised exposure draft and draft variation determination will be published with this Statement. Any submissions in response to the revised documents should be filed by 4 pm on Friday 28 February 2020. If no submissions are received we will proceed to issue a final variation determination in the same terms as the revised draft.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   See [2019] FWCFB 6077

 2   [2019] FWCFB 6861

 3   Draft variation determination, 14 October 2019

 4   [2019] FWCFB 8569