1 Fair Work Act 2009 s.156 - 4 yearly review of modern awards 4 yearly review of modern awards (AM2019/17) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT CLANCY COMMISSIONER BISSETT MELBOURNE, 2 SEPTEMBER 2019 4 yearly review of modern awards – finalisation of exposure drafts – newly constituted Full Bench. 1. Introduction and background [1] This Decision provides an overview of the status of the first 4 yearly review of modern awards (the Review) and sets out the process for finalising the exposure drafts and the consequent variation of each modern award. This Full Bench has been constituted to oversee this process (AM2019/17). [2] Since January 2014, the Fair Work Commission (the Commission) has been conducting the Review in accordance with s.156 of the Fair Work Act 2009 (the Act). [3] On 12 December 2018 s.156 of the Act was repealed by the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018 (the Amending Act) with effect from 1 January 2018. Under the application and transitional provisions of the Amending Act, a review of an award that commenced but was not completed before 1 January 2018 can continue under the terms of the repealed provisions. [4] The conduct of the Review has been open and transparent and a dedicated 4 yearly review website part of the Commission’s website has been used to provide information to interested parties (including employers, employees, organisations, governments, individuals and representatives), in a timely manner. All material considered throughout the Review has been published on the 4 yearly review website (with the exception of material subject to confidentiality orders). Throughout the Review dedicated subscription services send daily emails when material is published on the website to all who have registered for either the Award matters service or the Penalty rates case service. [5] The Commission has issued 189 decisions as part of the 4 yearly review and 280 procedural Statements. In excess of 1150 hearing days, mentions and conferences have been conducted throughout the course of the Review. [6] As at 30 August 2019, the 4 yearly review website contained in excess of 22,000 documents relating to the Review, including approximately 13,500 submissions and pieces of [2019] FWCFB 6077[Note: a correction has been issued to this document] DECISION [2019] FWCFB 6077 2 correspondence. Other documentation posted to the website includes research and background papers, issues papers, notices of listing and transcripts. [7] At the commencement of the Review in 2014, it was decided that the most efficient way of conducting the process was in three stages—an Initial stage to deal with any jurisdictional issues, an Award stage where each award would be reviewed in its own right and a Common issues stage where claims that would affect all or a number of awards would be dealt with by a dedicated Full Bench. Where an issue was more complex or parties were seeking a substantive change to current entitlements, it was referred to a separate Full Bench to hear evidence as to why the proposed change is necessary for the award to achieve the modern awards objective. [8] There are a number of common issue matters and substantive claims that remain outstanding. The common matters that are yet to be finally determined are: Annualised Salaries Overtime for casuals Payment of wages on termination of employment (award specific issues only) Payment of wages Terminology relating to annual leave loading Shut down provisions Drafting of casual conversion clause (in the 28 modern awards that had such clauses prior to the Review) Span of hours (determinations to be finalised) Reasonable overtime (limited awards only) National Training Wage (3 awards only) [9] A Statement issued on 24 December 2018 provided a status update about the Full Benches that are dealing with substantive claims. In total, 69 full benches have been constituted to hear and determine substantive claims arising in respect of modern awards. Some 42 of these Full Benches have now been heard and determined the claims before them (or the claims withdrawn), 7 Full Benches have reserved their decision and 20 are part heard. [10] A plain language project has also been run as part of the Review. This involved a ‘light touch’ review of all modern awards, the redrafting of certain standard clauses and the more substantial plain language redrafting of a select number of awards. Scope of Plain Language Light Touch [11] At a conference on 29 April 2019 a number of parties sought an opportunity to file written submissions in relation to the scope of the light touch process. Interested parties were given an opportunity to file further submissions. As a number of matters to be implemented in the light touch process have already been determined the parties were asked to focus on: Changes in wording that have resulted from an application of the plain language guidelines; and [2019] FWCFB 6077 3 Issues arising from the translation from the plain language re-drafting of the General Retail Industry Award 2010 and other awards that have been included in the plain language project. [12] The issues raised in the submissions highlighted the risks inherent in adopting changes across the award system based on changes which have been made to those selected awards which have been completely redrafted in plain language. The general tenor of the submissions made urged the Commission to take a cautious, indeed minimalist, approach to changing existing award terms during the light touch process, on the basis that such changes may have unintended consequences. [13] In a decision issued on 20 August 20191 the Plain Language Full Bench concluded that the risks involved in adopting changes across the award system – particularly the risk of changing the legal effect of an existing award term – outweighed the benefits of such an extensive ‘light touch’ approach. Consistent with the submissions advanced by ABI and Ai Group, the Plain Language Full Bench decided that the ‘light touch’ process will be confined to making changes to the structure of exposure drafts in Groups 1 to 3 awards (in accordance with the plain language structure completed for awards in Group 4); the insertion of plain language standard clauses and relevant key decisions dealing with common issues. [14] The Plain Language Full Bench also invited any interested person to identify any term in any modern award that is ambiguous, uncertain or confusing so that the term could be considered for plain language re-drafting in the current Review. Any such proposal can be made at any time and is to be forwarded to chambers.ross.j@fwc.gov.au. Plain Language review of selected awards [15] A number of selected awards have been completely redrafted in plain language. The selection of these awards was based on a number of factors including: industries or subsectors identified by the Fair Work Ombudsman as having high levels of non-compliance; award reliance survey data regarding modern awards used by small businesses; and the resources available to the Commission. [16] The plain language re-drafting of the following awards is complete: Pharmacy Industry Award 2010 Clerks – Private Sector Award 2010 Restaurant Industry Award 2010 Hospitality Industry (General) Award 2010 General Retail Industry Award 2010 1 [2019] FWCFB 5409. [2019] FWCFB 6077 4 Security Services Industry Award 2010 [17] There are two outstanding issues in relation to the plain language re-drafting of the Cleaning Services Award 2010 and these will be finalised in accordance with the process set out at in [2019] FWCFB 5409 at [42]. The plain language redrafting of the Fast Food award will commence in the coming weeks. [18] As to the remaining awards, the plain language re-drafting of the Aged Care Award 2010, Children’s Services Award 2010, Hair and Beauty Industry Award 2010 and the Social, Community, Home Care and Disability Services Industry Award 2010 will commence after the substantive issues in respect of those awards have been heard and determined. A timetable for consultation on the re-drafting process will be issued in the latter part of 2019. [19] The Review process is now nearing completion and this Decision outlines the process over the coming months. 2. Finalising the Award phase of the Review (Exposure Drafts) [20] Three procedural Statements issued in early 2019 dealt with the process for finalising the Review: A Statement setting out a timeline for finalisation of exposure drafts for 2019 (see [2019] FWC 932). A Statement finalising a timetable for 2019 which outlines when specific Full Bench matters are to be heard (see [2019] FWC 717) (note a Statement was also issued on 24 December 2018 providing a status update about a number of Full Benches that are dealing with substantive claims). A Statement providing an update about the status of matters before the Plain Language Full Bench and next steps in the plain language project (see [2019] FWCFB 1255). [21] Exposure drafts for Groups 1, 2, 3 and 4 were republished throughout February and March 2019 on the dates set out below: Group 1: published on 13 February 2019 Group 2: published on 15 February 20192 Group 3: Sub-group 3A: published 1 March 2019 Sub-groups 3B, 3C, 3D: published on 8 March 20193 2 The exposure drafts for Fire Fighting and Nurses were published on 22 February 2019. 3 The exposure drafts for Pastoral and Horticulture were published on 15 March 2019. [2019] FWCFB 6077 5 Group 4: Sub-group 4A and 4B: published on 15 March 2019 Sub-group 4C and 4D: published on 22 March 2019 Sub-group 4E and 4F: published on 29 March 20194 [22] As set out in the Statement issued on 13 February 2019,5 the exposure drafts that were republished in February and March 2019 contained the following updates: technical and drafting decisions for each group (1–4) of the award stage; common issues and plain language decisions including payment of wages on termination, standard clauses, National Training Wage, family and domestic violence leave, flexible working arrangements, part-day public holidays, casual conversion, minimum engagement and abandonment of employment; and adjustments to rates and allowances resulting from the 2017-18 Annual Wage Review decision and any award variations operative since the last update. [23] Interested parties were invited to comment on the revised exposure drafts and submissions were received throughout March and April 2019. We are conscious that parties have not yet had an opportunity to respond to issues raised in these submissions and we address that issue later. [24] Submissions relating to 74 exposure drafts were received throughout March and April 2019. No submissions were received in relation to the following 44 Exposure Drafts: Group Exposure draft title 4B Air Pilots Award 2010 4B Airline Operations—Ground Staff Award 2010 2A Alpine Resorts Award 2010 1B Aluminium Industry Award 2010 1A Ambulance and Patient Transport Industry Award 2010 2B Animal Care and Veterinary Services Award 2010 2A Aquaculture Industry Award 2010 3A Banking, Finance and Insurance Award 2010 4D Book Industry Award 2010 4E Car Parking Award 2010 1B Cement, Lime and Quarrying Award 2010 3C Coal Export Terminals Award 2010 2D Corrections and Detention (Private Sector) Award 2010 4 The exposure drafts for Mannequins, Registered and Licensed Clubs, Fast Food and General Retail were not published in line with this process. The exposure draft for Live Performance was published on 5 April 2019. 5 [2019] FWC 932. [2019] FWCFB 6077 6 1A Cotton Ginning Award 2010 3C Dredging Industry Award 2010 3B Educational Services (Post-Secondary Education) Award 2010 3C Electrical Power Industry Award 2010 2D Fire Fighting Industry Award 2010 4E Funeral Industry Award 2010 1E Gas Industry Award 2010 2D Horse and Greyhound Training Award 2010 3D Horticulture Award 2010 1E Hydrocarbons Industry (Upstream) Award 2010 3A Legal Services Award 2010 3C Marine Towage Award 2010 3A Market and Social Research Award 2010 2B Medical Practitioners Award 2010 3D Nursery Award 2010 4E Pest Control Industry Award 2010 2B Pharmacy Industry Award 2010 3C Ports, Harbours and Enclosed Water Vessels Award 2010 3C Port Authorities Award 2010 1B Premixed Concrete Award 2010 2D Racing Industry Ground Maintenance Award 2010 1D Rail Industry Award 2010 1B Salt Industry Award 2010 3D Silviculture Award 2010 3A Sporting Organisations Award 2010 4C Surveying Award 2010 2C Transport (Cash in Transit) Award 2010 4D Travelling Shows Award 2010 1C Vehicle Manufacturing, Repair, Services and Retail Award 2010 4E Water Industry Award 2010 1C Wool Storage, Sampling and Testing Award 2010 [25] A number of submissions on the revised exposure drafts related to minor typographical errors, formatting errors, or omissions within the drafts. These minor errors have been corrected in the following exposure drafts: [2019] FWCFB 6077 7 Aged Care Award 20106 Aircraft Cabin Crew Award 20107 Airport Employees Award 20108 Cleaning Services Award 20109 Maritime Offshore Oil and Gas Award 201010 Meat Industry Award 201011 Poultry Processing Award 201012 Textile, Clothing Footwear and Associated Industries Award 201013 Graphic Arts, Printing and Publishing Award 201014 Nurses Award 201015 Road Transport (Long Distance Operations) Award 201016 Seafood Processing Award 201017 Business Equipment Award 201018 Labour Market Assistance Award 201019 Real Estate Industry Award 201020 Higher Education Industry – General Staff Award 201021 Local Government Industry Award 201022 Pastoral Award 201023 6 Aged Care Employers submission, 15 April 2019 at paras 8-9 regarding typographical error at clause 32.1(e). 7 FAAA submission, 23 April 2019 at para 18 regarding typographical error at Sched B.1.2(a). 8 AMWU submission, 5 April 2019 at para 11 regarding cross referencing error at clause 29A.6(b). 9 United Voice submission, 13 March 2019 at p.1 regarding typographical error at example 1 in clause 23.3. 10 CFMMEU submission, 13 March 2019 regarding typographical error at clause 7.1(c). 11 AMIEU submission, 15 March 2019 at para 15 regarding typographical error at clause 8.3(d). 12 ABI submission, 13 March 2019 at para 27 regarding typographical error at clause 3.2. 13 ABI submission, 13 March 2019 at paras 50-51 regarding typographical error n Sched C.3.2 and cross referencing error in Sched F.5.8 at paras 46-49. 14 ABI submission, 15 March 2019 at para 7 regarding typographical error at clause 24.9(j). 15 ANMF submission, 27 March 2019 at para 2 regarding typographical error at clause 15.3(b) and (c). 16 NatRoad submission, 4 March 2019 at paras 6, 7 14 and 15 regarding typographical and formatting errors at clauses 3.3, 6.3, 11A.1 and 11.7. 17 AMWU submission, 13 March 2019 at para 7 regarding typographical error at 12.3(c). 18 ABI submission, 29 March 2019 at para 9 regarding typographical error at clause 7.8. 19 CPSU submission, 29 March 2019 at para 3 regarding formatting error at clause 8.4(b). 20 REEF submission, 27 March 2019 and RESA submission 1 April 2019 regarding a number of formatting and typographical errors. 21 Group of 8 Universities submission, 5 April 2019. 22 LGA submission, 5 April 2019 at para 9-10 regarding cross referencing error at clause 23.6. 23 ABI submission, 29 March 2019 at para 25 and NFF submission at p.1 regarding cross referencing error at clauses 6.7(b)(i) and 30.1(a). [2019] FWCFB 6077 8 Building and Construction General On-site Award 201024 Joinery and Building Trades Award 201025 Plumbing and Fire Sprinklers Award 201026 Mobile Crane Hiring Award 201027 Hospitality Industry (General) Award 201028 [26] The remaining submissions raise more complex issues. A complete list of submissions received is set out at Attachment A to this decision. As mentioned earlier, we are conscious that parties have not had an opportunity to respond to issues raised in these submissions. Any interested party who wishes to file a reply to any submission listed at Attachment A to this decision is directed to do so by no later than 4.00 pm on Friday 20 September 2019. An oral hearing will be listed for 9 October 2019. 3. Revised process for finalising exposure drafts [27] Exposure drafts will be published one final time for comment (prior to their translation into varied modern awards). We are proposing to publish exposure drafts and draft variation determinations over the coming months in three tranches. The exposure drafts contained in each tranche are listed at Attachment B to this Statement. [28] A series of amendments have been made to the exposure drafts that were published throughout February and March 2019. The following amendments have been applied: adjustments to rates and allowances as a result of the 2018-19 Annual Wage Review decision;29 the plain language ‘light touch’ restructure which includes structural changes to exposure drafts in Groups 1-3 (these structural changes have already been made to exposure drafts in Group 4); changes resulting from parties submissions on exposure drafts that were published throughout February and March 2019; changes resulting from any substantive claims heard by separately constituted full benches; and recent common issue decisions including: o the decision relating to various issues referred to the plain language project issued on 20 August 201930 (including issues relating to hourly rates of pay schedules; terminology of rates; cross references in coverage 24 ABI submission, 12 April 2019 at para 3.1(a) regarding cross referencing error in Sched C.1.1. 25 ABI submission, 12 April 2019 at para 4.1(a) regarding cross referencing error in Sched C.1. 26 ABI submission, 12 April 2019 at paras 2.1-2.2 regarding cross referencing error at clause 27A.7(a) and typographical error in Sched F.1.1. 27 ABI submission, 12 April 2019 at paras 5.1-5.2 regarding cross referencing errors at clause 27A.7(a) and in Sched C.1. 28 AHA submission, 26 April 2019 at p.1 regarding typographical errors at clauses 6A.3 and 15.1(d). 29 [2019] FWCFB 3500. 30 [2019] FWCFB 5409. [2019] FWCFB 6077 9 clauses; annual weekly and hourly rates in minimum wages tables; reasonable overtime); o Family and Domestic Violence Leave;31 o Payment of Wages on termination of employment;32 o Standard clauses;33 o Substitution of public holidays.34 [29] As requested by Ai Group in its submission of 9 May 201935, each revised exposure draft will be published using the tracked changes function so the changes are easily identifiable by interested parties. History notes will also be used at each updated clause, as has been done throughout the Review. [30] In each of the three tranches a draft variation determination will also be published for each modern award.36 Parties are directed to comment on the contents of the draft determinations in accordance with the timeline set out at [36] below. Final variation determinations will be issued following the consultation process. [31] Specific clauses in exposure drafts that relate to any outstanding issues (including those that are the subject of substantive claims) will be quarantined and a note inserted into the relevant clause of the exposure drafts during the publication process. Any outstanding substantive claims that have not been determined when the awards are varied to reflect the contents of the final exposure drafts will be incorporated by way of a subsequent variation determination. 4. Provisional view: Tranche 1 [32] As previously mentioned, a large number of decisions have been issued as part of the 4 yearly review of modern awards. A complete list of these decisions is set out at Attachment C to this decision. [33] It is our provisional view that the variation of the modern awards in tranche 1 in accordance with the draft variation determinations set out at Attachment D is, in respect of each of these awards, necessary to achieve the modern awards objective. In reaching that conclusion we have adopted the reasons set out in the decisions at Attachment C insofar as they are relevant to each of the awards in tranche 1 and, in particular, to the considerations in s.134(1)(a) to (h),which are addressed in each of those decisions. [34] Interested parties are directed to comment on this provisional view in accordance with the timeline set out at [36] below. 31 [2019] FWCFB 5144. 32 [2019] FWCFB 5146 and [2019] FWCFB 5868. 33 [2019] FWCFB 2548. 34 [2019] FWCFB 5145. 35 Ai Group submission, 9 May 2019 Plain Language re-drafting – light touch. 36 Note that the Full Bench in a December 2014 decision determined to make variations to existing modern awards during the Review, rather than ‘superseding’ awards. See [2014] FWCFB 9412 at [7]–[9]. [2019] FWCFB 6077 10 5. Next steps [35] The first tranche of exposure drafts will be published by close of business on Monday 2 September 2019. Interested parties will have the opportunity to comment on the contents of the exposure drafts. Submissions are to be filed by no later than 4.00 pm on 20 September 2019. Parties will then be provided an opportunity to reply to a submission filed by any other party. Submissions in reply are to be filed by no later than 4.00 pm on 2 October 2019. All submissions must be sent electronically to amod@fwc.gov.au. A Full Bench hearing will be listed to determine any issues raised in submissions if necessary. Such hearing will be listed for 11 October 2019. [36] A similar publication process will follow for the exposure drafts listed in Tranche 2 and Tranche 3. A timeline with relevant dates is set out below: Date Event Tranche 1 2 September 2019 Publish final exposure drafts and draft variation determinations 20 September 2019 Parties to file submissions on final exposure drafts draft variation determinations 2 October 2019 Parties to file submissions in reply 11 October 2019 Full Bench Hearing (if required) Tranche 2 14 October 2019 Publish final exposure drafts and draft variation determinations 25 November 2019 Parties to file submissions on final exposure drafts draft variation determinations 9 December 2019 Parties to file submissions in reply 16/17 December 2019 Full Bench Hearing (if required) Tranche 3 29 January 2020 Publish final exposure drafts and draft variation determinations 4 March 2020 Parties to file submissions on final exposure drafts draft variation determinations 27 March 2020 Parties to file submissions in reply 6/7 April 2020 Full Bench Hearing (if required) [2019] FWCFB 6077 11 [37] The dates in relation to tranches 2 and 3 are indicative only. We will confirm the dates in due course. There may also be some changes to the awards listed in tranche 2 and 3 depending on the determination of related proceedings. Any party who wishes to express a view about the awards listed in tranches 2 and 3 should forward any comments to chambers.ross.j@fwc.gov.au. PRESIDENT Printed by authority of the Commonwealth Government Printer <PR711893> [2019] FWCFB 6077 12 LIST OF ATTACHMENTS A. List of all submissions received in response to exposure drafts published February and March 2019 B. Exposure Drafts to be finalised C. List of decisions issued as part of the 4 yearly review of modern awards D. Draft variation determinations [2019] FWCFB 6077 13 ATTACHMENT A - List of all submissions received in response to exposure drafts published February and March 2019 Party name Date Relevant modern award Group 1 Australian Industry Group submission 13 March 2019 All awards in Group 1 United Voice submission 13 March 2019 Cleaning Services Award and Security Services Award Australian Business Industrial submission 13 March 2019 Various awards in Group 1 CMIEG submission 12 March 2019 Black Coal Mining Award AMWU submission 13 March 2019 Manufacturing; Oil Refining and Manufacturing Award 2010; Poultry Processing Award AMIEU submission 15 March 2019 Meat Industry Award and Poultry Processing Award CFMMEU submission 13 March 2019 Stevedoring Industry Award CFMMEU submission 13 March 2019 Marine Tourism and Charter Vessels Award CFMMEU submission 13 March 2019 Maritime Offshore Oil and Gas Award CFMMEU submission 13 March 2019 Professional Diving Industry (Industrial) Award CFMMEU submission 13 March 2019 Professional Diving Industry (Recreational) Award ASIAL submission 4 March 2019 Security Services Award Group 2 Australian Industry Group submission 13 March 2019 All awards in Group 2 Australian Business Industrial submission 15 March 2019 Various awards in Group 2 AMWU submission 13 March 2019 Seafood Processing Award HSU submission 1 April 2019 Health Professionals and Support Services [2019] FWCFB 6077 14 Party name Date Relevant modern award Award 2010 Australian Nursing and Midwifery Federation submission 27 March 2019 Nurses Award Private Hospital Industry Employer Associations 4 March 2019 Nurses Award TWU submission 22 March 2019 Road Transport and Distribution Award Australian Road Transport Industrial Organization submission 8 March 2019 Road Transport and Distribution Award; Road Transport (Long Distance Operations) Award; Waste Management Award Australian Public Transport Industrial Association submission 14 March 2019 Passenger Vehicle Transportation Award National Road Transport Association 4 March 2019 Road Transport (Long Distance Operations) Award Waste Contractors and Recyclers Association of NSW 14 March 2019 Waste Management Award Group 3 Australian Business Industrial submission 29 March 2019 Various awards in Group 3 Community and Public Sector Union submission 29 March 2019 Contract Call Centres Award; Labour Market Assistance Award; Telecommunications Award; Miscellaneous Award ASSA submission 19 March 2019 Fitness Industry Award REEF submission 27 March 2019 Real Estate Industry Award RESA submission 1 April 2019 Real Estate Industry Award ISV submission 5 April 2019 Educational Services (Schools) General Staff Award IEU submission 5 April 2019 Educational Services (Schools) General Staff Award Group of 8 Universities 5 April 2019 Higher Education Industry-Academic Staff- Award; [2019] FWCFB 6077 15 Party name Date Relevant modern award submission Higher Education Industry-General Staff- Award WA Local Government Association, NT Local Government Association and Local Government Association of Tas submission 5 April 2019 Local Government Industry Award DPC submission 4 April 2019 State Government Agencies Award 2010 Community and Public Sector Union submission 4 April 2019 State Government Agencies Award 2010 Sea Swift submission 8 April 2019 Seagoing Industry Award AIMPE submission 12 March 2019 Seagoing Industry Award National Farmers Federation submission 26 April 2019 Pastoral Award South Australian Wine Industry Association submission 5 April 2019 Wine Industry Award Group 4 Australian Business Industrial submission 15 April 2019 Various modern awards in Group 4 NATSIHWA submission 12 April 2019 Aboriginal Community Controlled Health Services Award Aged Care Employers 15 April 2019 Aged Care Award National Disability Services 18 April 2019 Social, Community, Home Care and Disability Services Industry Award Flight Attendants' Association of Australia 23 April 2019 Aircraft Cabin Crew Award Community and Public Sector Union submission 12 April 2019 Airport Employees Award; Broadcasting, Recorded Entertainment and Cinema’s Award ACAA submission 9 April 2019 Architects Award [2019] FWCFB 6077 16 Party name Date Relevant modern award Master Electricians Association submission 11 April 2019 Electrical, Electronic and Communications Contracting Award Live Performance Australia submission 18 April 2019 Amusement, Events and Recreation Award Live Performance Australia submission 29 April 2019 Live Performance Award Media, Entertainment and Arts Alliance submission 30 May 2019 Live Performance Award Australian Hotels Association submission 26 April 2019 Hospitality Industry (General) Award Club Managers’ Association, Australia 26 April 2019 Registered and Licensed Clubs Award Clubs Australia - Industrial 17 May 2019 Registered and Licensed Clubs Award [2019] FWCFB 6077 17 ATTACHMENT B – TRANCHES 1-3 Note that these lists do not contain the Hair and Beauty Award, the Fast Food Award, the Social, Community Home Care and Disability Services Industry Award, the Children’s Services Award or the Aged Care Award. The above awards will be the subject of the plain language re-drafting process. FIRST TRANCHE OF EXPOSURE DRAFTS TO BE FINALISED (40 exposure drafts) Group Exposure draft title 1B Aluminium Industry Award 1A Ambulance and Patient Transport Industry Award 2B Animal Care and Veterinary Services Award 2A Aquaculture Industry Award 3A Banking, Finance and Insurance Award 4D Book Industry Award 33A Business Equipment Award 4E Car Parking Award 1B Cement, Lime and Quarrying Award 4E Cemetery Industry Award 3C Coal Export Terminals Award 2D Corrections and Detention (Private Sector) Award 1A Cotton Ginning Award 3C Electrical Power Industry Award 2D Fire Fighting Industry Award 4E Funeral Industry Award 3D Gardening and Landscaping Services Award 2A Graphic Arts, Printing and Publishing Award 1E Hydrocarbons Industry (Upstream) Award 3A Legal Services Award 3A Market and Social Research Award 2B Medical Practitioners Award 1D Mining Industry Award 3D Nursery Award [2019] FWCFB 6077 18 Group Exposure draft title 1D Oil Refining and Manufacturing Award 2B Pharmacy Industry Award 3C Port Authorities Award 1B Premixed Concrete Award 2D Racing Industry Ground Maintenance Award 3A Real Estate Industry Award 1B Salt Industry Award 2A Seafood Processing Award 3D Silviculture Award 3A Sporting Organisations Award 3B State Government Agencies Award 4C Surveying Award 3A Telecommunications Services Award 4D Travelling Shows Award 4E Water Industry Award 1C Wool Storage, Sampling and Testing Award [2019] FWCFB 6077 19 SECOND TRANCHE OF EXPOSURE DRAFTS TO BE FINALISED (43 exposure drafts) Group Exposure draft title 4A Aboriginal Community Controlled Health Services Award 4B Airline Operations—Ground Staff Award 4B Air Pilots Award 4B Aircraft Cabin Crew Award 4B Airport Employees Award 2A Alpine Resorts Award 4C Architects Award 4C Asphalt Industry Award 1A Cleaning Services Award 3A Clerks—Private Sector Award 3A Commercial Sales Award 1B Concrete Products Award 3A Contract Call Centres Award 3B Educational Services (Schools) General Staff Award 3B Educational Services (Post-Secondary Education) Award 4F Dry Cleaning and Laundry Industry Award 1E Gas Industry Award 3B Higher Education Industry—Academic Staff—Award 3B Higher Education Industry—General Staff—Award 4F Hospitality Industry (General) Award 4C Hydrocarbons Field Geologists Award 3A Labour Market Assistance Industry Award 4D Live Performance Award 3B Local Government Industry Award 4F Mannequins and Models Award 1C Manufacturing and Associated Industries and Occupations Award 1E Maritime Offshore Oil and Gas Award 1C Meat Industry Award [2019] FWCFB 6077 20 Group Exposure draft title 3D Pastoral Award 2C Passenger Vehicle Transportation Award 1C Pharmaceutical Industry Award 1C Poultry Processing Award 1E Professional Diving Industry (Industrial) Award 1E Professional Diving Industry (Recreational) Award 1D Rail Industry Award 4F Restaurant Industry Award 2C Road Transport (Long Distance Operations) Award 2C Road Transport and Distribution Award 1D Stevedoring Industry Award 2A Storage Services and Wholesale Award 2C Transport (Cash in Transit) Award 1C Vehicle Manufacturing, Repair, Services and Retail Award 2C Waste Management Award [2019] FWCFB 6077 21 THIRD TRANCHE OF EXPOSURE DRAFTS TO BE FINALISED (33 exposure drafts) Group Exposure draft title 4D Amusement, Events and Recreation Award 4D Broadcasting and Recorded Entertainment Award 1D Black Coal Mining Industry Award 44C Building and Construction General On-site Award 3C Dredging Industry Award 4A Educational Services (Teachers) Award 4C Electrical, Electronic and Communications Contracting Award 3A Fitness Industry Award 4E Food, Beverage and Tobacco Manufacturing Award 4F General Retail Industry Award 2B Health Professionals and Support Services Award 2D Horse and Greyhound Training Award 3D Horticulture Award 4D Journalists Published Media Award 4C Joinery and Building Trades Award 3C Marine Towage Award 1E Marine Tourism and Charter Vessels Award 4C Mobile Crane Hiring Award 2B Nurses Award 3A Miscellaneous Award 4C Plumbing and Fire Sprinklers Award 3C Ports, Harbours and Enclosed Water Vessels Award 4E Pest Control Industry Award 4E Professional Employees Award 4D Racing Clubs Events Award 4F Registered and Licensed Clubs Award 3C Seagoing Industry Award 1A Security Services Industry Award [2019] FWCFB 6077 22 Group Exposure draft title 3D Sugar Industry Award 4A Supported Employment Services Award 1C Textile, Clothing, Footwear and Associated Industries Award 1C Timber Industry Award 3D Wine Industry Award [2019] FWCFB 6077 23 ATTACHMENT C—List of decisions issued as part of the 4 yearly review of modern awards Citation Description Members Date [2019] FWCFB 5078 Award stage – group 4 awards – substantive issues – Aged Care Award 2010 Ross J, Clancy DP, Lee C 26/08/2019 [2019] FWCFB 5868 Common issue - payment of wages - payments on termination of employment Ross J, Gostencnik DP, Clancy DP, Lee C, Hunt C 23/08/2019 [2019] FWCFB 5813 4 yearly review of modern awards – training costs – training arrangements for trainees Gostencnik DP, Clancy DP, Harper- Greenwell C 21/08/2019 [2019] FWCFB 5409 4 yearly review of modern awards – plain language project – determination of various issues Ross J, Hatcher VP, Hunt C 20/08/2019 [2019] FWCFB 5082 Award stage - Funeral Industry Award - substantive issues determined Sams DP, Bull DP, Cambridge C 5/08/2019 [2019] FWCFB 5171 Silviculture Award - allowances Ross J, Clancy DP, Johns C 29/07/2019 [2019] FWCFB 5146 Common issue - payment of wages - payments on termination - outstanding awards Ross J, Gostencnik DP, Clancy DP, Lee C, Hunt C 26/07/2019 [2019] FWCFB 5144 Leave to deal with family and domestic violence model term – Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 Ross J, Hatcher VP, Spencer C 25/07/2019 [2019] FWCFB 5154 Plain language re-drafting - substitution of public holidays Ross J, Hatcher VP, Hunt C 25/07/2019 [2019] FWCFB 6077 24 [2019] FWCFB 2912 Graphic Arts, Printing and Publishing Award - classification of employees Gostencnik DP, Clancy DP, Harper- Greenwell C 22/07/2019 [2019] FWCFB 4559 Gas Industry Award - meal breaks not taken, or interrupted - draft clause Sams DP, Bull DP, Bissett C 17/07/2019 [2019] FWCFB 4748 Proposed Helicopter Aircrew Award Hatcher VP, Hamilton DP, Simpson C 8/07/2019 [2019] FWCFB 4368 Review of annualised wage arrangement provisions in modern awards. Hatcher VP, Dean DP, Saunders DP 4/07/2019 [2019] FWCFB 4679 Fast Food Industry Award - Award stage - substantive issues Ross J, Masson DP, Lee C 4/07/2019 [2019] FWCFB 3529 Hair and Beauty Industry Award - award stage - substantive issues - rostering provisions Catanzariti VP, Asbury DP, Lee C 14/06/2019 [2019] FWCFB 3949 Pharmacy Industry Award 2010 - substantive issues Hatcher VP, Dean DP, Spencer C 13/06/2019 [2019] FWCFB 3626 Plain language re-drafting - General Retail Industry Award 2010 Ross J, Hatcher VP, Hunt C 3/06/2019 [2019] FWCFB 3347 Alpine Resorts Award - substantive issues - coverage provisions - State Government Agencies Award Hatcher VP, Dean DP, Riordan C 14/05/2019 [2019] FWCFB 3064 Common issue - part time employment and casual employment - Timber Industry Award 2010 Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP 8/05/2019 [2019] FWCFB 2634 Real Estate Industry Award 2010 - substantive issues Hatcher VP, Asbury DP, Gregory C 1/05/2019 [2019] FWCFB 2910 Seagoing Industry Award; Ports, Harbours and Enclosed Water Vessels Award and Marine Towage Award Hatcher VP, Asbury DP, Cambridge C 30/04/2019 [2019] FWCFB 6077 25 [2019] FWCFB 1369 Public holidays - Registered and Licenced Clubs Award Hatcher VP, Hampton C, Johns C 18/04/2019 [2019] FWCFB 2548 Plain language re-drafting - standard clauses Ross J, Hatcher VP, Hunt C 16/04/2019 [2019] FWCFB 2108 Common issue - part time employment and casual employment Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP 2/04/2019 [2019] FWCFB 1980 Award stage - Sugar Industry Award - substantive issues Asbury DP, Anderson DP, Mckenna C 26/03/2019 [2019] FWCFB 349 Penalty rates - Registered and Licensed Clubs Award and the Hospitality Industry (General) Award Hatcher VP, Hampton C, Bissett C 21/03/2019 [2019] FWCFB 1044 Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018—Australian Government Industry Award 2016, modern enterprise awards and State reference public sector modern awards Ross J, Hatcher VP, Hunt C 28/02/2019 [2019] FWCFB 1206 Plain language re-drafting – Pharmacy Industry Award 2010 – casual conversion clause Ross J, Hatcher VP, Hunt C 28/02/2019 [2019] FWCFB 1333 Plain language re-drafting – standard absorption clause – take-home pay orders Ross J, Hatcher VP, Hunt C 28/02/2019 [2019] FWCFB 1289 Review of annualised wage arrangement provisions in modern awards. Hatcher VP, Dean DP, Saunders DP 27/02/2019 [2019] FWCFB 272 Award stage - Fast Food Industry Award 2010 - substantive issues - Ai Group claims Ross J, Masson DP, Lee C 20/02/2019 [2019] FWCFB 488 Education Group - Professionals Award - medical research institutes Catanzariti VP, Kovacic DP, Johns C 30/01/2019 [2019] FWCFB 6077 26 [2019] FWCFB 276 Plain language re-drafting - Retail Award Ross J, Hatcher VP, Hunt C 18/01/2019 [2019] FWCFB 120 Health Professionals and Support Services Award 2010 – substantive issues Catanzariti VP, Booth DP, Cribb C 9/01/2019 [2019] FWCFB 121 Nurses Award 2010 – substantive issues. Catanzariti VP, Booth DP, Cribb C 9/01/2019 [2018] FWCFB 7874 Hair and Beauty Industry Award - award stage - substantive issues - rostering provisions Catanzariti VP, Asbury DP, Lee C 28/12/2018 [2018] FWCFB 7433 Common issue - abandonment of employment - awards varied Hatcher VP, Gostencnik DP, Cribb C 17/12/2018 [2018] FWCFB 7621 Pharmacy Industry Award - substantive issue - APESMA Work Value Claim Hatcher VP, Dean DP, Spencer C 14/12/2018 [2018] FWCFB 7263 Restaurant and Hospitality Awards – substantive issues Ross J, Masson DP, Lee C 12/12/2018 [2018] FWCFB 7447 Plain language re-drafting - standard clauses - redundancy Ross J, Hatcher VP, Hunt C 11/12/2018 [2018] FWCFB 7347 Award stage - Nurses Award - substantive issues Catanzariti VP, Booth DP, Cribb C 3/12/2018 [2018] FWCFB 7350 Award stage - Health Professionals - substantive issues Catanzariti VP, Booth DP, Cribb C 3/12/2018 [2018] FWCFB 7145 Award stage - group 3 awards - exposure drafts Ross J, Hamberger SDP, Clancy DP 23/11/2018 [2018] FWCFB 7210 Award stage - group 2 - exposure drafts Ross J, Hatcher VP, Hamberger SDP, Bull DP 23/11/2018 [2018] FWCFB 6863 Common issue - family friendly work arrangements - model term Ross J, Hatcher VP, Spencer C 20/11/2018 [2018] FWCFB 7007 Group 1 - consultation obligations - Poultry, Meat and Manufacturing awards Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C 16/11/2018 [2019] FWCFB 6077 27 [2018] FWCFB 6980 Plain language re-drafting - Clerks - Private Sector Award 2010 Ross J, Hatcher VP, Hunt C 15/11/2018 [2018] FWCFB 6852 Award stage - group 4 awards - award stage - exposure drafts Ross J, Catanzariti VP, Gostencnik DP, Lee C, Cirkovic C 13/11/2018 [2018] FWCFB 6709 Plain language re-drafting – Restaurant Industry Award 2010 Ross J, Hatcher VP, Hunt C 8/11/2018 [2018] FWCFB 6711 Plain language re-drafting – Hospitality Industry (General) Award 2010 Ross J, Hatcher VP, Hunt C 8/11/2018 [2018] FWCFB 6755 Plain language re-drafting – Security Services Industry Award 2010 Ross J, Hatcher VP, Hunt C 8/11/2018 [2018] FWCFB 6781 Plain language re-drafting – Cleaning Services Award 2010 Ross J, Hatcher VP, Hunt C 8/11/2018 [2018] FWCFB 6803 Plain language re-drafting – Pharmacy Industry Award 2010 Ross J, Hatcher VP, Hunt C 8/11/2018 [2018] FWCFB 6850 Plain language re-drafting – General Retail Industry Award 2010 Ross J, Hatcher VP, Hunt C 8/11/2018 [2018] FWCFB 6540 Common issue - public holidays - part-day public holidays Hatcher VP, Hampton C, Johns C 7/11/2018 [2018] FWC 6596 Restaurant Award - substantive issues - application for confidentiality order Lee C 30/10/2018 [2018] FWCFB 6665 Penalty rates - General Retail Industry Award Ross J, Hatcher VP, Lee C 29/10/2018 [2018] FWCFB 6680 Plain language re-drafting – reasonable overtime Ross J, Hatcher VP, Hunt C 29/10/2018 [2018] FWCFB 6368 Award stage - group 3 awards - technical and drafting – outstanding issues Ross J, Hamberger SDP, Clancy DP, Johns C 15/10/2018 [2018] FWCFB 5897 - corrected Penalty rates - General Retail Industry Award Ross J, Hatcher VP, Lee C 27/09/2018 [2019] FWCFB 6077 28 [2018] FWCFB 5986 Award stage - exposure drafts - technical and drafting issues - Group 2 awards - outstanding issues Ross J, Hatcher VP, Hamberger SDP, Bull DP 26/09/2018 [2018] FWCFB 5996 Common issue - transitional provisions - Black Coal Mining Industry Award - accident pay Kovacic DP, Bull DP, Bissett C 26/09/2018 [2018] FWCFB 6019 Construction awards – substantive matters Hatcher VP, Hamilton DP, Gostencnik DP, Gregory C, Harper- Greenwell C 26/09/2018 [2018] FWCFB 5753 Family friendly working arrangements model term Ross J, Hatcher VP, Spencer C 25/09/2018 [2018] FWCFB 5846 4 yearly review of modern awards – common issues – part-time employment and casual employment Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP 21/09/2018 [2018] FWCFB 5749 Plain language re-drafting – reasonable overtime Ross J, Hatcher VP, Hunt C 17/09/2018 [2018] FWCFB 5602 Award stage - group 1 - technical and drafting Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C 12/09/2018 [2018] FWCFB 5553 Plain language re-drafting - Clerks Award Ross J, Hatcher VP, Hunt C 6/09/2018 [2018] FWCFB 5504 Plain language re-drafting - Pharmacy Industry Award Ross J, Hatcher VP, Hunt C 3/09/2018 [2018] FWCFB 4984 Alpine Resorts Award 2010 - substantive issues - coverage Hatcher VP, Dean DP, Riordan C 27/08/2018 [2018] FWCFB 4735 Payment of wages – payments on termination model term Ross J, Booth DP, Clancy DP, Cribb C, Hunt C 15/08/2018 Decision [2018] - FWCFB 4732 Proposed Norfolk Island Interim Award 2018 – State based difference terms Ross J, Hatcher VP, Saunders C 15/08/2018 [2019] FWCFB 6077 29 [2018] FWCFB 4704 Plain language re-drafting - standard clause H - redundancy Ross J, Hatcher VP, Hunt C 14/08/2018 FWCFB 4709 Legal Services Award - substantive issues Gostencnik DP, Clancy DP, Cirkovic C 13/08/2018 [2018] FWCFB 4695 Common issues - part time employment and casual employment Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP 9/08/2018 [2018] FWCFB 4175 Award stage – exposure drafts – Group 4 awards – further decision Ross J, Catanzariti VP, Gostencnik DP, Lee C, Cirkovic C 7/08/2018 [2018] FWCFB 4468 Plain language re-drafting – Hospitality Award Ross J, Hatcher VP, Hunt C 3/08/2018 [2018] FWCFB 4496 Plain language re-drafting - Restaurant Award Ross J, Hatcher VP, Hunt C 3/08/2018 [2018] FWCFB 4177 Plain language re-drafting - Standard clauses - E.1 and G Ross J, Hatcher VP, Hunt C 18/07/2018 [2018] FWCFB 3566 Common issue - payment of wages Ross, J 17/07/2018 [2018] FWCFB 3914 Fitness Industry Award 2010 – classification definitions - swim industry teachers and coaches Sams DP, Dean DP, McKenna C 9/07/2018 [2018] FWCFB 3936 Family and Domestic Violence Leave – Determination of Model Term for Unpaid Leave Ross J, Hatcher VP, Spencer C 6/07/2018 [2018] FWCFB 3802 Award stage – group 1 awards – technical and drafting matters – outstanding issues Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C 28/06/2018 [2019] FWCFB 6077 30 [2018] FWCFB 3528 Variation to the Road Transport and Distribution Award 2010 to extend award coverage to the vehicle relocation industry - whether any further modifications to the Road Transport Award should be made - two-year transitional period to be introduced Hamberger SDP, Sams DP, Lee C 15/06/2018 [2018] FWCFB 3009 Plain language re-drafting - standard clauses Ross J, Hatcher VP, Hunt C 13/06/2018 [2018] FWCFB 3085 Common issue – time off instead of payment for overtime – Broadcasting Award – Journalists Award Ross J, Kovacic DP, Lee C 1/06/2018 [2018] FWCFB 3133 Transport Awards - substantive issues - variation to the Road Transport and Distribution Award to extend award coverage to vehicle relocation industry Hamberger SDP, Sams DP, Lee C 31/05/2018 [2018] FWCFB 2559 Plain language re-drafting - Restaurant Award – award- specific clauses. Ross J, Hatcher VP, Hunt C 21/05/2018 [2018] FWCFB 2710 Plain language re-drafting - Hospitality Award – award- specific clauses. Ross J, Hatcher VP, Hunt C 21/05/2018 [2018] FWCFB 2797 Fast Food Award - objection to participation in review proceedings Ross J, Masson DP, Lee C 21/05/2018 [2018] FWCFB 1691 Family and Domestic Violence Leave – Determination of Model Term for Unpaid Leave Ross J, Gooley DP, Spencer C 26/03/2018 [2018] FWCFB 1692 Family friendly working arrangements – claim by ACTU – s.65 Fair Work Act 2009 – right to request – provisional model term proposed Ross J, Gooley DP, Spencer C 26/03/2018 [2018] FWCFB 1548 Award stage - Group 4 awards - technical and drafting - substantive matters. Ross J, Catanzariti VP, Gostencnik DP, Lee C, Cirkovic C 21/03/2018 [2019] FWCFB 6077 31 [2018] FWCFB 1532 Real Estate Industry Award 2010 - substantive matters - further decision Hatcher VP, Asbury DP, Gregory C 16/03/2018 [2018] FWCFB 1405 Award stage - group 3 awards - outstanding technical and drafting issues Ross J, Hamberger SDP, Clancy DP, Johns C 13/03/2018 [2018] FWCFB 4 Common issue - public holidays Hatcher VP, Hampton C, Johns C 2/03/2018 [2018] FWC 1117 Plain language re-drafting – Cleaning Services Award 2010 Ross, J 21/02/2018 [2018] FWCFB 1087 Higher Education Industry – Academic Staff – Award 2010 and Higher Education Industry – General Staff – Award 2010 – substantive issues in Education Group Catanzariti VP, Kovacic DP, Johns C 20/02/2018 [2018] FWCFB 154 Review of annualised wage arrangement provisions in modern awards Hatcher VP, Dean DP, Saunders C 20/02/2018 [2018] FWCFB 354 - correction Real Estate Industry Award 2010 - substantive matters - correction Hatcher VP, Asbury DP, Gregory C 31/01/2018 [2018] FWCFB 354 - correction Real Estate Industry Award 2010 - substantive matters - correction Hatcher VP, Asbury DP, Gregory C 25/01/2018 [2018] FWCFB 139 Common issue - Abandonment of employment Hatcher VP, Gostencnik DP, Cribb C 23/01/2018 [2018] FWCFB 354 Real Estate Industry Award 2010 - substantive matters Hatcher VP, Asbury DP, Gregory C 17/01/2018 [2018] FWCFB 129 Alleged NES inconsistencies - Seagoing Award - vessels granted temporary licence - maximum weekly hours Hatcher VP, Hamberger SDP, Bissett C 12/01/2018 [2017] FWCFB 6947 Horticulture Award 2010 – substantive issues. Catanzariti VP, Sams DP, Saunders C 22/12/2017 [2019] FWCFB 6077 32 [2017] FWCFB 6034 Penalty rates - application by Restaurant and Catering Industrial Hatcher VP, Catanzariti VP, Lee C 24/11/2017 [2017] FWCFB 6181 Common issue - part time and casual employment Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP 24/11/2017 [2017] FWCFB 6037 Horticulture Award 2010 - substantive issues - award coverage - retrospective variation Catanzariti VP, Sams DP, Saunders C 16/11/2017 [2017] FWCFB 5788 Common issue - award flexibility - time off instead of payment for overtime - Pastoral and Horticultural Awards Ross J, Kovacic DP, Lee C 8/11/2017 [2017] FWCFB 5536 Award stage - Group 3 awards - exposure drafts - technical and drafting Ross J, Hamberger SDP, Clancy DP, Johns C 30/10/2017 [2017] FWCFB 5397 Plain language - Restaurant Industry Award - re-drafting of award-specific clauses Ross J, Hatcher DP, Hunt C 24/10/2017 [2017] FWCFB 5394 Annual leave - Black Coal Mining Industry Award Ross J, Kovacic DP, Hampton C 19/10/2017 [2017] FWCFB 5258 Plain language re-drafting - standard clauses Ross J, Hatcher VP, Hunt C 18/10/2017 [2017] FWCFB 4621 Blood donor leave Hatcher VP, Clancy DP, Spencer C 5/09/2017 [2017] FWCFB 4419 Plain language - standard clauses Ross J, Hatcher VP, Hunt C 28/08/2017 [2017] FWCFB 4447 Plain language re-drafting - tranche 2 awards Ross J, Hatcher VP, Hunt C 28/08/2017 [2017] FWCFB 4174 National Training Wage Schedule - Miscellaneous Award - plain language re- drafting Ross J, Hatcher VP, Hunt C 15/08/2017 [2019] FWCFB 6077 33 [2017] FWCFB 4029 Pharmacy Industry Award 2010 - substantive issues - consultation as per draft determination - amended operative date Hatcher VP, Dean DP, Spencer C 1/08/2017 AM2016/6 - [2017] FWCFB 3543 Real Estate Industry Award 2010 - substantive issues Hatcher VP, Asbury DP, Gregory C 6/07/2017 [2017] FWCFB 1913 Proposed substantive variations - Road Transport Distribution and Long Distance Operations awards Hamberger SDP, Sams DP, Lee C 6/07/2017 [2017] FWCFB 3433 Award stage - exposure drafts - group 3 awards Ross J, Hamberger SDP, Clancy DP, Roe C, Johns C 6/07/2017 [2017] FWCFB 3540 Pharmacy Industry Award 2010 - substantive issues Hatcher VP, Dean DP, Spencer C 5/07/2017 [2017] FWCFB 3541 (pdf) Common issues - part-time employment and casual employment Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP, Roe C 5/07/2017 Decision [2017] FWCFB 3541 (html) Common issues - part-time employment and casual employment Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP, Roe C 5/07/2017 [2017] FWCFB 3494 Common issue - family and domestic violence leave clause Gooley DP, Spencer C 3/07/2017 [2017] FWC 3480 Family and domestic violence leave clause - reconstitution of Full Bench Ross J 30/06/2017 [2017] FWCFB 3438 Vehicle Manufacturing, Repair, Services and Retail Award 2010 - casual console operators Hatcher VP, Cribb C, Bissett C 28/06/2017 [2017] FWCFB 3334 Penalty rates - hospitality and retail sectors - transitional arrangements - determinations Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C 21/06/2017 [2019] FWCFB 6077 34 [2017] FWCFB 3337 Plain language project - Pharmacy Industry Award 2010 - plain language drafting issues Ross J, Hatcher VP, Hunt C 21/06/2017 [2017] FWCFB 3135 Graphic Arts, Printing and Publishing Award 2010 - coverage of metropolitan daily newspapers - annual leave - jury service - redundancy - personal leave Gostencnik DP, Clancy DP, Roe C 9/06/2017 [2017] FWCFB 3176 National Training Wage schedule - reference term - next steps Ross J, Hatcher VP, Hunt C 9/06/2017 [2017] FWCFB 3177 Award stage - group 1 technical and drafting issues - Manufacturing and Associated Industries and Occupations Award 2010 - Professional Diving Industry (Industrial) Award 2010 Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C 9/06/2017 [2017] FWCFB 3001 Penalty rates - hospitality and retail sectors - transitional arrangements Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C 5/06/2017 [2017] FWC 2752 Common issue - family and domestic violence leave - reconstitution of Full Bench Ross J 18/05/2017 AM2015/6 - [2017] FWCFB 2098 Educational Services (Teachers) Award 2010 - annual leave - insertion of model terms Catanzariti VP, Kovacic DP, Johns C 26/04/2017 [2017] FWCFB 959 Annual leave - timing of taking leave - shutdown provision - Black Coal Mining Industry Award 2010 Ross J, Kovacic DP, Hampton C 27/03/2017 [2017] FWCFB 1612 Plain language drafting issues - Pharmacy Industry Award 2010 Ross C, Hatcher VP, Hunt C 21/03/2017 [2017] FWCFB 1551 Hospitality and retail sectors - late night penalties - public holiday penalty rates Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C 17/03/2017 [2017] FWCFB 1133 Common issue - family and domestic violence leave clause Watson VP 27/02/2017 [2019] FWCFB 6077 35 AM2016/5 - [2017] FWCFB 1138 Port authorities - coverage of award - changes to classifications - Fair Work Act 2009, ss. 134, 138, 156, 163 Watson VP, Gooley DP, Cambridge C 24/02/2017 [2017] FWCFB 1001 (html) Penalty rates - hospitality and retail sectors Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C 23/02/2017 [2017] FWCFB 1001 (pdf) Penalty rates - hospitality and retail sectors Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C 23/02/2017 AM2016/26 - [2017] FWCFB 719 Rail Industry Award 2010 - substantive issues - rates of pay for work on a Saturday - definition of Level 9 Clerical, Administrative and Professional classification Hamberger SDP, Sams DP, Cambridge C 17/02/2017 [2017] FWCFB 584 Black Coal Mining Industry Award - industry-specific redundancy scheme Hatcher VP, Hamberger SDP, Gostencnik DP, Johns C 27/01/2017 [2017] FWCFB 344 Plain language drafting - guidelines - Pharmacy Industry Award Ross J, Hatcher VP, Hunt C 20/01/2017 [2016] FWCFB 9074 Common issue - annual leave - timing of taking of leave - Maritime Industry awards and others - insertion of model terms - variation determinations Ross J, Kovacic DP, Hampton C 19/12/2016 [2016] FWCFB 8747 Animal Care and Veterinary Services Award - substantive issues - introduction of diploma qualified classification Watson VP, Gooley DP, Circkovic C 16/12/2016 [2016] FWCFB 7737 Common issue - award flexibility - time off instead of payment for overtime - TOIL at overtime rate - award specific issues Ross J, Kovacic DP, Lee C 13/12/2016 [2016] FWCFB 8463 Common issue - payment of wages - penalty for late payment - annual leave loading Ross J, Booth DP, Clancy DP, Cribb C, Hunt C 1/12/2016 [2019] FWCFB 6077 36 [2016] FWCFB 8025 Fire Fighting Award 2010 - variation to permit part-time employment Ross J, O'Callaghan SDP, Wilson C 15/11/2016 [2016] FWCFB 6841 Common issue - transitional provisions - Black Coal Mining Industry Award - accident pay Watson VP, Kovacic DP, Bull C 17/10/2016 [2016] FWCFB 7254 Group 2 awards - award stage - exposure drafts Ross J, Hatcher VP, Hamberger SDP, Bull DP, Roe C 10/10/2016 [2016] FWCFB 6836 Common issue - annual leave - timing of taking of leave - Maritime Industry awards - insertion of model terms Ross J, Kovacic DP, Hampton C 22/09/2016 [2016] FWCFB 5941 Gas Industry Award - availability duty Watson VP, Drake SDP, Cambridge C 20/09/2016 [2016] FWCFB 6255 Concrete Products Award - penalty rates for shiftworkers for work performed on Sundays and public holidays Hatcher VP, O'Callaghan SDP, Cribb C 9/09/2016 [2016] FWCFB 6178 Common issue - award flexibility - time off instead of payment for overtime - award specific issues Ross J, Kovacic DP, Lee C 31/08/2016 [2016] FWCFB 4418 Vehicle Manufacturing, Repair, Services and Retail Award 2010 - proposal to move vehicle manufacturing sector to Manufacturing Award Hatcher VP, O'Callaghan SDP, Cribb C 16/08/2016 AM2016/7 - [2016] FWCFB 4566 Wine Industry Award 2010 - substantive issues - meal allowance O'Callaghan SDP, Sams DP, Hampton C 15/07/2016 [2016] FWCFB 4579 Common issue - award flexibility - time off in lieu of payment for overtime Ross J, Kovacic DP, Lee C 11/07/2016 [2016] FWCFB 4258 Common issue - award flexibility - time off instead of payment for overtime - finalisation of plain language model term Ross J, Kovacic DP, Lee C 8/07/2016 [2019] FWCFB 6077 37 [2016] FWCFB 4392 Common issue - annual leave - form of the cashing out term to be inserted into the Security Services Industry Award 2010 Ross J, Kovacic DP, Hampton C 8/07/2016 [2016] FWCFB 4393 Pastoral Award 2010 - ‘learner shearers’ Ross J, Kovacic DP, Saunders C 8/07/2016 [2016] FWCFB 3953 Common issue - annual leave - draft determinations - finalisation of plain language re-drafts - confirmation of provisional views Ross, J, Kovacic DP, Hampton C 24/06/2016 [2016] FWCFB 3177 Annual leave common issue - insertion of model terms into particular modern awards - excessive annual leave - cashing out of annual leave - granting leave in advance - EFT and paid annual leave - plain language redrafts Ross J, Kovacic DP, Hampton C 23/05/2016 Bench [2016] FWCFB 2479 Common issue - casual employment and part-time employment - tender of witness statements rejected Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP, Roe C 4/05/2016 [2016] FWCFB 2602 Award flexibility common issue - time off in lieu of payment for overtime Ross J, Kovacic DP, Roberts C 24/04/2016 [2016] FWCB 1294 Manufacturing and Associated Industries and Occupations Award 2010 and Electrical Power Industry Award 2010 - application to insert electrical licence allowance Hamberger SDP, Sams DP, Roe C 3/03/2016 [2016] FWCFB 597 Award stage - Concrete Products Award 2010 - AWU claim Hatcher VP, O'Callaghan, Cribb C 19/02/2016 [2016] FWCFB 965 Penalty rates - admissibility of Productivity Commission Report Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C 12/02/2016 [2019] FWCFB 6077 38 [2016] FWCFB 191 Alleged NES Inconsistencies - Pastoral Award 2010, Building and Construction General On-site Award 2010 and Plumbing and Fire Sprinklers Award 2010 Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C 11/01/2016 [2015] FWCFB 8810 Pastoral Award 2010 - substantive issues - crutching rates for rams and ram stags - learner shearers - coverage - annualised salaries - woolclassers formula Ross J, Kovacic DP, Saunders C 24/12/2015 [2015] FWC 8420 Penalty rates - Orders for the production of documents - claim of legal professional privilege - waiver of privilege Johns C 4/12/2015 [2015] FWCFB 7236 Exposure Drafts - Group 1C, 1D and 1E awards Ross J, Hatcher VP, Hamberger SDP, Bull C, Bissett C 23/10/2015 [2015] FWCFB 5585 Family and domestic violence common issue - family friendly work arrangements common issue - preliminary and jurisdictional issues Hatcher VP, Acton SDP, Spencer C 22/10/2015 [2015] FWCFB 6847 Award flexibility common issue - time off in lieu of payment for overtime - model term Ross J, Kovacic DP, Roberts C 6/10/2015 [2015] FWCFB 6656 Absorption clause - casual loading Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C 30/09/2015 [2015] FWCFB 6509 Objections to expert evidence Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C 21/09/2015 [2015] FWCFB 5771 Annual leave common issue - finalisation of model terms - excessive annual leave - cashing out of annual leave - granting leave in advance - purchased leave Ross J, Kovacic DP, Hampton C 15/09/2015 [2019] FWCFB 6077 39 [2015] FWC 6385 Penalty rates - orders for the production of documents - claim of legal professional privilege - waiver of privilege Johns C 12/09/2015 [2015] FWCFB 3523 Common issue - Transitional provisions - Accident Make- up Pay Boulton J, Kovacic DP and Bull C 18/08/2015 [2015] FWCFB 4466 Common issue - Award flexibility Ross J, Smith DP, Roberts C 16/07/2015 [2015] FWCFB 4658 Award stage - drafting and technical issues - ordinary hourly rate of pay Ross J, Hatcher VP, Hamberger SDP, Bissett C, Bull C 13/07/2015 [2015] FWCFB 3406 Common issue - Annual leave Ross J, Harrison SDP, Hampton C 11/06/2015 [2015] FWCFB 1729 Substantive issues - Stevedoring Industry Award 2010 Watson VP, Kovacic DP and Roe C 14/05/2015 [2015] FWCFB 2831 Substantive issues - Textile, Clothing, Footwear and Associated Industries Award 2010 Watson SDP, O'Calla ghan SDP and Cribb C 11/05/2015 [2015] FWCFB 3023 Alleged NES Inconsistencies Ross J, Hatcher VP, Hamberger SDP, Biss ett C and Bull C 8/05/2015 [2015] FWCF B 2575 Common issue - Transitional provisions - Accident pay and district allowances - Applications for take home pay orders Boulton J, Kovacic DP and Bull C 15/04/2015 [2015] FWCFB 1549 CFMEU proposed term - payment of wages - Andrews legal point - amended Hatcher VP, Hamberger SDP, Gostencnik DP and Johns C 11/03/2015 [2015] FWCFB 644 Common issue - Transitional provisions Boulton J, Kovacic DP and Bull C 11/02/2015 [2019] FWCFB 6077 40 [2014] FWCFB 9412 Award stage - exposure drafts Group 1A and 1B - General drafting - alleged inconsistencies with NES Ross J, Hatcher VP, Hamberger SDP, Bissett C, Bull C 23/12/2014 [2014] FWCFB 9429 Transitional provisions - take- home pay orders Boulton J, Kovacic DP, Bull C 23/12/2014 [2014] FWCFB 9156 Common issues - Apprentice conditions Boulton J, Harrison SDP, Roe C 17/12/2014 [2014] FWCFB 7767 Common issues - Transitional provisions Boulton J, Kovacic DP, Bull C 31/10/2014 [2014] FWCFB 1788 Preliminary jurisdictional issues Ross J, Hatcher VP, Acton SDP, Hamberger SDP, Hampton C 17/03/2014 [2019] FWCFB 6077 41 ATTACHMENT D – draft variation determinations Note that these lists do not contain the Hair and Beauty Award, the Fast Food Award, the Social, Community Home Care and Disability Services Industry Award, the Children’s Services Award or the Aged Care Award. The above awards will be the subject of the plain language re-drafting process. FIRST TRANCHE OF EXPOSURE DRAFTS TO BE FINALISED (40 exposure drafts) Group Exposure draft title Draft Determination Tracked ED 1B Aluminium Industry Award MA000060 MA000060 1A Ambulance and Patient Transport Industry Award MA000098 MA000098 2B Animal Care and Veterinary Services Award MA000118 MA000118 2A Aquaculture Industry Award MA000114 MA000114 3A Banking, Finance and Insurance Award MA000019 MA000019 4D Book Industry Award MA000078 MA000078 33A Business Equipment Award MA000021 MA000021 4E Car Parking Award MA000095 MA000095 1B Cement, Lime and Quarrying Award *Quarrying Award MA000055 MA000037 MA000055 4E Cemetery Industry Award MA000070 MA000070 3C Coal Export Terminals Award MA000045 MA000045 2D Corrections and Detention (Private Sector) Award MA000110 MA000110 1A Cotton Ginning Award MA000024 MA000024 3C Electrical Power Industry Award MA000088 MA000088 2D Fire Fighting Industry Award MA000111 MA000111 4E Funeral Industry Award MA000105 MA000105 3D Gardening and Landscaping Services Award MA000101 MA000101 [2019] FWCFB 6077 42 Group Exposure draft title Draft Determination Tracked ED 2A Graphic Arts, Printing and Publishing Award MA000026 MA000026 1E Hydrocarbons Industry (Upstream) Award MA000062 MA000062 3A Legal Services Award MA000116 MA000116 3A Market and Social Research Award MA000030 MA000030 2B Medical Practitioners Award MA000031 MA000031 1D Mining Industry Award MA000011 MA000011 3D Nursery Award MA000033 MA000033 1D Oil Refining and Manufacturing Award MA000072 MA000072 2B Pharmacy Industry Award MA000012 MA000012 3C Port Authorities Award MA000051 MA000051 1B Premixed Concrete Award MA000057 MA000057 2D Racing Industry Ground Maintenance Award MA000014 MA000014 3A Real Estate Industry Award MA000106 MA000106 1B Salt Industry Award MA000107 MA000107 2A Seafood Processing Award MA000068 MA000068 3D Silviculture Award MA000040 MA000040 3A Sporting Organisations Award MA000082 MA000082 3B State Government Agencies Award MA000121 MA000121 4C Surveying Award MA000066 MA000066 3A Telecommunications Services Award MA000041 MA000041 4D Travelling Shows Award MA000102 MA000102 4E Water Industry Award MA000113 MA000113 1C Wool Storage, Sampling and Testing Award MA000044 MA000044