STATEMENT

Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021
cl.48, Schedule 1 of the Fair Work Act 2009

Casual terms award review 2021
(AM2021/54)

Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021—casual amendments—review of modern awards—Stage 2, Group 1 Awards—Meat Industry Award 2020.

[1] On 3 August 2021 we issued a statement 1 (August statement) dealing with each of the Group 1 Awards in Stage 2 of the Review. In the August statement, we expressed various provisional views in respect of each of the Group 1 Awards with the exception of the Meat Industry Award 2020 (Meat Award). In respect of that award, we considered the award’s provisions concerning daily hire employment and their interaction with the amendments to the Fair Work Act 2009 (Act) introduced by the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act) but did not express any provisional view about these issues at this stage. We invited interested parties to file written submissions about these issues, including proposed variations to the award that may become necessary.

[2] On 4 August 2021, the High Court handed down its judgment in Workpac Pty Ltd v Rossato & Ors (Rossato) 2 in which it addressed the question of what constitutes a “firm advance commitment to ongoing work” for the purpose of ascertaining the existence of casual employment under the Act as it was prior to the Amendment Act. It appears to us that paragraphs [70]-[72], [88]-[89], [105] and [118] of Rossato have potential relevance to the consideration of the daily hire provisions of the Meat Award, particularly clauses 11.2, 11.6 and 11.9.

[3] In the August statement, we directed parties with an interest in the Meat Award to file submissions about the matters raised in the statement by 4PM (AEST) FRIDAY, 13 AUGUST 2021. We invite parties which intend to file submissions in this respect to specifically address the Rossato judgment in their submissions.

VICE PRESIDENT

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 1   [2021] FWCFB 4714

 2   [2021] HCA 23