DECISION

Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

The Real Media Collective
(AM2021/68)

GRAPHIC ARTS, PRINTING AND PUBLISHING AWARD 2020
[MA000026]

Application to vary a modern award – Graphic Arts, Printing and Publishing Award 2020 – reinserting the terms of Schedule X – Additional measures during the COVID-19 pandemic to operate until 31 December 2021 – Commission acting on its own initiative under s. 157(3) of the Fair Work Act 2009 (Cth) – Schedule X further to operate until 31 December 2021.

[1] On 15 June 2021, the Real Media Collective (RMC) made an application to vary the Graphic Arts, Printing and Publishing Award 2020 (the Graphic Arts Award) to reinstate the terms of the expired Schedule X—Additional measures during the COVID-19 pandemic in the Graphic Arts Award until 31 December 2021. 1

[2] On 16 July 2021 this Full Bench issued a statement 2 (the Statement) expressing the provisional view that, based on the current circumstances pertaining to the COVID-19 pandemic, the Fair Work Commission should act on its own initiative pursuant to s 157(3) of the Fair Work Act 2009 (Cth), to vary the Graphic Arts Award in the terms proposed by the RMC.

[3] The Statement invited interested parties to file submissions in response to the provisional view.

[4] Submissions confirming no opposition to the provisional view were filed by the Australian Industry Group on 22 July 2021 3 and the Australian Manufacturing Workers’ Union on 23 July 2021.4

[5] As no submissions were received opposing the provisional view, we confirm the provisional view and will vary on our own initiative the Graphic Arts Award in the terms proposed by the RMC.

[6] A determination giving effect to the change will be issued with this decision.

[7] The RMC’s application is formally dismissed as incompetent.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<MA000026  PR732053>

 1   RMC submission, 15 June 2021; RMC Draft determination, 15 June 2021.

 2   [2021] FWCFB 4183.

 3   Australian Industry Group submission, 22 July 2021.

 4   Australian Manufacturing Workers’ Union submission, 23 July 2021.