MA000016 - Decision - 17 Dec 2013

[2013] FWC 9883

The attached document replaces the document previously issued with the above code on 17 December 2013.

“Ms J Jenkins”in para 3 has been replaced with “Ms Z Jenkins”and “Australian Business Lawyers &Advisors (ABL)”has been replaced with “Australian Business Industrial (ABI)”;“ABL”has been replaced with “ABI”in para 8.

Rachel Wong

Associate to Commissioner Roberts

Dated 19 December 2013

[2013] FWC 9883

FAIR WORK COMMISSION

DECISION


Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 5,Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

United Voice
(AM2012/32)

Australian Security Industry Association Ltd

(AM2012/42)

SECURITY SERVICES INDUSTRY AWARD 2010
(ODN AM2008/11)  [MA000016]

Security services

COMMISSIONER ROBERTS

SYDNEY,17 DECEMBER 2013

Review of Security Services Industry Award 2010.

[1] This interim decision concerns applications by United Voice and the Australian Security Industry Association Ltd (ASIAL) to vary the Security Services Industry Award 2010 (the Award). The applications are made under Schedule 5,Item 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) as part of the review of all modern awards which Fair Work Australia (now the Fair Work Commission) is required to conduct after the first two years of those modern awards coming into effect.

[2] A conference was held on 7 November 2013 followed by a mention and programming hearing conducted via video link on 11 December 2013. The applications then came on for hearing by telephone link on 16 December 2013.

[3] At the 16 December hearing Mr N Swancott appeared for the United Voice. Mr C Delaney appeared for ASIAL. Ms Z Jenkins appeared for Australian Business Industrial (ABI). Mr H Wallgren appeared for Business SA.

[4] The first consent variation was proposed by both United Voice and ASIAL to insert a definition for “central station”in clause 3.1 (Definition and interpretations) of the Award as follows:

    Central station (also known as “monitoring station”) means a facility that remotely monitors intruder alarm systems from sites that are not co-located with the centre and complies with AS 2201.2,which monitors intruder alarm systems and provides specific responses. Central station staff do not themselves physically attend the location of any alarms.”

[5] Both parties submitted that the absence of the definition appears to have been an unintended oversight during the Award Modernisation process.

[6] The second variation was proposed by United Voice to vary clause 21.6(b) (Crib breaks). The clause in the Award currently provides:

    (b) Crib breaks

    A paid crib break (or breaks) must be allowed on shifts of more than four hours. A crib break of not less than 10 minutes on a shift of four hours,not less than 20 minutes on an eight hour shift and not less than 30 minutes on a 12 hour shift must be provided. For shifts of eight hours or more,the time must be allowed not earlier than four hours nor later than five hours after the time of commencement of each shift where it is reasonably practicable to do so.”

[7] United Voice sought to vary clause 21.6(b) in the following terms:

    (b) Crib breaks

    (i) A paid crib break (or breaks) must be allowed on shifts of more than four hours. A crib break of not less than 10 minutes on a shift of four hours,not less than 20 minutes on an eight hour shift,not less than 25 minutes on a 10 hour shift,and not less than 30 minutes on a 12 hour shift must be provided. For shifts of eight hours or more,the time must be allowed not earlier than four hours nor later than five hours after the time of commencement of each shift where it is reasonably practicable to do so.

    (ii) By agreement at an enterprise where 8 or 12 hour shifts are worked,the employer and employees may adopt a system of two or three 10 minutes paid crib breaks in lieu of the 20 or 30 minute breaks prescribed in paragraph (i) above Where 10 hour shifts are worked,the employer and employees may adopt a system of one 10 minute and one 15 minute paid crib break.”

[8] After discussions between the parties,together with ABI and Business SA,the consent variation to clause 21.6(b) was agreed as follows:

    (b) Crib breaks

        A paid crib break (or breaks) must be allowed on shifts of more than four hours. A crib break of not less than 10 minutes on a shift of more than four hours,not less than 20 minutes on an eight hour shift,not less than 25 minutes on a 10 hour shift, and not less than 30 minutes on a 12 hour shift must be provided. For shifts of eight hours or more,the time must be allowed not earlier than four hours nor later than five hours after the time of commencement of each shift where it is reasonably practicable to do so.”

[9] In supporting the variation,United Voice made the following submission:

    “(a) This proposed variation is designed to fill an unintended gap in the Award prescription of meal breaks. The Award is prescriptive of meal break entitlements for employees working 8 and 12 hour shifts,respectively,but does not clearly prescribe entitlements for employees working 10 hours shifts.

    (b) The working of 10 hour shifts is widespread in the industry covered by the Award.

    (c) The proposed variation has the additional effect of clarifying that employees at a workplace may elect to adopt a system which combines two short crib breaks into one longer break. This reflects custom and practice in the industry,which custom and practice was not intended to be over-ridden in the making of the Modern Award.”

[10] Having examined the proposed consent variations to the Award as submitted by the parties,I am satisfied that the variations to clauses 3 and 17 as agreed between the parties are consistent with the modern award objective and I will issue a determination in the terms sought.

[11] Other variations sought by United Voice and ASIAL are still in contention between the parties and will be dealt with at a later arbitration hearing. An application by MSS Security Pty Ltd (AM2012/122) to vary the Award was discontinued on 12 December 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, MA000016  PR545782 >

About this document
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Code:
PR545782D
Title:
MA000016 - Decision - 17 Dec 2013
Effective:
17 Dec 2013
Updated:
20 Dec 2013
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MA000016 - Decision - 17 Dec 2013
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