DECISION

Fair Work Act 2009
s.160 – Variation of modern award

Variation on the Commission’s Own Motion— Vehicle Repair, Services and Retail Award 2020
(AM2021/4)

Section 160 of the Fair Work Act 2009 (Cth) – Commission acting on its own initiative – Vehicle Repair, Services and Retail Award 2020 – rates of pay for 20 year old full-time and part-time console operator, driveway attendant and roadhouse attendant – clauses 2 and Schedule B varied.

[1] In a decision 1 issued on 19 July 2021 (the Decision) I considered an application on the Commission’s own motion to vary the Vehicle Repair, Services and Retail Award 2020 (the Award) to remove ambiguity and uncertainty. A draft determination2 was published concurrently with the Decision.

[2] The Decision sets out the background to this issue, a summary of the parties’ submissions, as well as the legislative framework for varying a modern award to remove ambiguity, uncertainty or to correct an error under s.160 of the Fair Work Act 2009. I do not propose to repeat that background here.

[3] In the Decision I confirmed that the Award contains ambiguity or uncertainty, and I expressed the view that the Award should be varied in the manner proposed in the draft determinations unless an objection was raised to this course of action. The Decision provided any interested party to comment on the draft determination.

[4] A submission was received from the Ai Group which supported the issuing of a determination as reflected in the draft. No objections were received to the draft determination.

[5] Given these circumstances I confirm my view. A determination giving effect to the changes will be issued with this decision.

COMMISSIONER

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 1  [2021] FWC 4140.

 2   Draft determination – Vehicle Repair, Services and Retail Award 2020.