1 Fair Work Act 2009 s.160 - Application to vary a modern award to remove ambiguity or uncertainty or correct error Application by Katherine West (AM2023/10) JUSTICE HATCHER, PRESIDENT SYDNEY, 28 JUNE 2023 Application to vary the General Retail Industry Award 2020 [1] On 4 May 2023, Katherine West lodged an application to vary clause 16 of the General Retail Industry Award 2020 (Retail Award) to clarify the status of rest breaks. In particular, Ms West sought to address alleged ambiguity about whether these breaks are paid breaks and, if so, at what rate, and whether they should count towards time worked. Her application was brought under s 160 of the Fair Work Act 2009 (Cth) (FW Act). [2] On 7 June 2023 I issued a statement1 in which I expressed the provisional view that Ms West was not a person entitled under s 160(2)(b) of the FW Act to bring an application under s 160(1) because she was not covered by the Retail Award, and that her application should therefore be dismissed as incompetent. Interested parties were invited to file submissions in response to my provisional view by 5:00 pm (AEST) on 14 June 2023, and if no submissions were received, I indicated that Ms West’s application would be dismissed.2 [3] No submissions were received by this time. I confirm my provisional view. Accordingly, Ms West’s application is dismissed. PRESIDENT Printed by authority of the Commonwealth Government Printer <PR763667> 1 [2023] FWC 1346 2 Ibid at [5] [2023] FWC 1560 DECISION