1 Fair Work Act 2009 cl.95, Schedule 1– FWC to vary certain modern awards Variation of modern awards to include a delegates’ rights term (AM2024/6) JUSTICE HATCHER, PRESIDENT SYDNEY, 30 JANUARY 2024 Variation of modern awards to include a delegates’ rights term for workplace delegates– Fair Work Legislation Amendment (Closing Loopholes) Act 2023 – commencing process to make a delegates’ rights term –timetable confirmed. Introduction [1] On 18 January 2024, I issued a statement commencing a process to vary all modern awards so that they include a delegates’ rights term for workplace delegates by 30 June 2024. The process is required following the passage of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) (Closing Loopholes Act) which received Royal Assent on 14 December 2023 and commenced operation from 15 December 2023. [2] The 18 January 2024 statement included a draft timetable for the award variation process and interested parties were invited to comment on the draft. One response was received from the Australian Industry Group (Ai Group). The Ai Group proposed an extension to the dates for filing submissions in reply and submissions in response to draft award terms. It also proposed a change in the dates for consultation. [3] In preparing the draft timetable, I considered the draft timetable for the Annual Wage Review 2023-34 and the timetable for the Modern Awards Review 2023-24. I also noted that the Commission is required by the Closing Loopholes Act amendments to make determinations varying modern awards by 30 June 2024. In these circumstances, I am unable to accommodate Ai Group’s request to vary the draft timetable. [4] The final timetable is set out below: Date Task or event Week beginning 19 February 2024 Consultations with peak councils 1 March 2024 Parties to lodge submissions and proposed workplace delegates’ rights terms including any award specific terms required [2024] FWC 241 STATEMENT [2024] FWC 241 2 28 March 2024 Parties to lodge submissions in reply Week commencing 8 April 2024 Consultation sessions with interested parties Week beginning 6 May 2024 Draft award terms published for comment 17 May 2024 Comments on draft award terms due By 28 June 2024 Final determinations varying modern awards published 1 July 2024 Determinations come into operation [5] This matter will now be allocated to a Full Bench consisting of Vice President Asbury, Deputy President Binet and Commissioner Lim. PRESIDENT Printed by authority of the Commonwealth Government Printer <PR770746>