Submission DR92 - Attachment - Transport Industry Super Fund - Default Superannuation Funds

[2012] FWA 3514

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Part 2 of Schedule 5, item 6—Review of all modern awards (other than modern enterprise awards and State reference public sector modern awards) after first 2 years

Award Modernisation

(AM2012/1)

[1]Further to the statement of 17 November 2011 ([2011] FWA 7975) this statement provides a preliminary outline of the process for dealing with the review of modern awards pursuant to Item 6 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

[2]Applications to vary modern awards as part of the review were due to be filed with Fair Work Australia by 8 March 2012. Some 282 applications have been received and are available on the Fair Work Australia website.

[3]The applications filed include a number of common issues as well as single industry issues. A Full Bench will be constituted to deal with common issues. The remainder of the applications will be dealt with by a single member through the established panel system.

[4]The common issues to be dealt with by the Full Bench include:

• penalty rates in the retail, hospitality, fast food, restaurant, hair and beauty and banking awards (see Attachment A)
• apprentices, trainees and junior rates (see Attachment B)
• award flexibility (see Attachment C);
• annual leave (see Attachment D); and
• public holidays (see Attachment E).

[5]At the request of the major parties the Full Bench will deal with these matters sequentially to ensure that the parties have sufficient opportunity to contribute to the process.

[6]The first mattersto be dealt with by the Full Bench willbe the applications concerning penalty rates in the retail, hospitality, fast food, restaurant, hair and beauty and banking awards. These applications seek changes to the span of ordinary hours and/or hours when penalty rates are payable. A directions hearing which will determine the scope and timetable for dealing with these applications is to be held on 9 May 2012 at 1.00pm (EST). A separate notice of listing will be issued detailing the particular applications to be dealt with. (An indicative list of relevant matters can be found at Attachment A.) It is likely that the hearings of these matters will be grouped by industry to minimise the time parties have to attend the Tribunal.

[7]The next common issue to be dealt with will be those applications regarding apprentices, trainees and junior rates (see Attachment B).The scheduling of the other common issues will beaddressed in due course. Interested persons can apply to the Tribunal at any time for a directions hearing if they wish to propose a course of action in relation to dealing with a particular application.

[8]Applications raising industry specific issues have been received in respect of 85 modern awards. I propose that all applications in relation to a particular award will be dealt with concurrently. Each award will be listed for mention by a single member to identify the issues, the extent of agreement andto establish a process for determining theapplications.Such applications may be determined by hearings, written submissions or both. A timetable for these conferences will be issued in the coming weeks.

[9]Notwithstanding the proposed course outlined above, applications in relation to the following awards will be dealt with as follows:

• Black Coal Mining Award 2010, in respect of coverage,will be allocated to Justice Boulton for consideration.

• Textile, Clothing, Footwear and Associated Industries Award 2010, in respect of outworkers,will be allocated to a separate Full Bench.

• Awards relevant to the Road Safety Remuneration Act2012 being the Road Transport and Distribution Award 2010, Road Transport (Long Distance Operations) Award 2010, Waste Management Award 2010 and the Transport (Cash in Transit) Award 2010, in respect of coverage, will be allocated to Senior Deputy President Harrison for consideration.

[10]Matters will be actively case managed to ensure timely and cost efficient resolution. Consistent with the resources available to the parties, the objective of the Tribunal is to endeavour to substantially complete the process by the end of the year. See Attachment F for a list of all applications received for the review.

[11]The internet and video conferencing will be used extensively during the review to ensure the process is open and transparent. A special review page for each modern award contains relevant applications and material received to date. The existing subscriber list for each modern award will be used to notify subscribers by email of all relevant postings to the page including notices of listing. Any correspondence regarding the attached lists should be forwarded to .

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C,PR522782

Attachment A

Applications in relation to penalty rates in the retail, hospitality, fast food, restaurant, hair and beauty and banking awards

Attachment B

Applications in relation to apprentices, trainees and juniors

Attachment C

Applications in relation to award flexibility

Attachment D

Applications in relation to annual leave (including annual leave loading)

Attachment E

Applications in relation to public holidays

Attachment F

All applications received for Modern Awards Review 2012 up to 19 April 2012

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