MA000017 - Decision - 25 Jun 2014

[2014] FWC 4078

FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards –Award stage
(AM2014/91)

Clothing industry

COMMISSIONER LEE

MELBOURNE,25 JUNE 2014

4 yearly review—Award stage—Group 1 awards—Textile,Clothing,Footwear and Associated Industries Award 2010—conference.

[1] The Full Bench issued a Statement on 2 June 2014 [[2014] FWCFB 3718]. Among other things the Statement sets out the steps to be followed for Group 1 Awards.

[2] The Full Bench Statement included the following:

    [8] Subject to the specific issues addressed below,the Full Bench intends to proceed by referring individual awards to single Members to convene a conference (or conferences).

    [9] The Member will be required to identify the variations sought and the extent of any agreement in relation to those variations. The Member will consult with interested parties about appropriate directions to address any unresolved issues,and will report back to the Full Bench within the timeline set out at Attachment A. If issues cannot be resolved,the awards may be referred to a Full Bench for hearing...

      Timeline

     

      Date

      Action

      22 May 2014

      Draft statement published for comment.

      29 May 2014

      Comments due on draft statement.

      2 June 2014

      Statement and directions published in final form.

      5 June–11 July 2014

      Conferences to be held by Members to determine exact variations sought to each award and the extent of any agreement.

      18 July 2014

      Member report back to the Full Bench due.”

[3] The Textile,Clothing,Footwear and Associated Industries Award 2010 (TCF Award) has been allocated to me to undertake the appropriate action. A conference was convened on 18 June 2014. Participants at the conference included the Textile,Clothing and Footwear Union of Australia (TCFUA),Australian Industry Group (AIG),The Australian Workers’Union (AWU),Australian Business Industrial (ABI) and the New South Wales Business Chamber (NSW Business Chamber). A number of observers were also present at the conference.

[4] Permission to appear was granted to Mr. Roucek to appear for ABI and NSW Business Chamber as I was satisfied the circumstances contemplated in s.596(2)(a) existed in this matter.

[5] The conference discussed a process for seeking to achieve agreement where possible on the variations sought by the parties to the TCF award.

[6] The conference discussed in particular two documents lodged by the parties,namely the outline of issues document lodged by the TCFUA on 9 May 2014 (Attachment A to this Statement) and the outline of issues statement lodged by the AIG on 9 May 2014 (Attachment B to this Statement).

[7] The parties agreed to the following process and timetable at the conference:

1. Items 4.1 through to 4.10 of Attachment A record the TCFUA position on a range of matters raised in;

  • FWC Draft Guide to award Stage (17/4/14)


  • FWC Draft Exemplar Award (17/4/14)


  • FWO Correspondence to FWC:FWO Research for Modern Award Review on base rates,overtime and penalties (11/4/14)


However,the TCFUA indicated at the conference that this document was not a complete position and it is likely that they will seek to supplement the matters raised. It was agreed that the TCFUA would provide a final and consolidated position on matters raised in response to the FWO and FWC documents by 5:00pm Friday 27 June 2014.

2. Paragraphs 5.1-5.9 of Attachment A identify a number of matters the TCFUA have identified and categorised as a technical/drafting issue.

3. Page 4 of Attachment B identifies a matter the AIG has identified as an error in the wording of sub clause 43.5 of the TCF award.

4. The parties have agreed that all of the matters raised in paragraphs 1-3 above would be discussed between the parties following receipt of the consolidated list referred to in paragraph 1 above. The parties have agreed to report back to the Commission on the outcome of those discussions by no later 5:00pm Friday 11 July 2014.

5. Paragraphs 6.1,6.2,6.3,6.5 and 6.6 of Attachment A relate to TCFUA claims for variations to the TCF Award. These paragraphs set out in broad terms the intent of the variation sought by the TCFUA. The TCFUA has undertaken to draft proposed determinations to reflect the claimed variations by no later than 5:00pm Monday 7 July 2014.

6. The AIG,ABI and the NSW Business Chamber have agreed to provide by 5:00pm Wednesday 16 July 2014 any further proposals as to any other substantive variations they seek to have made to the award.

[8] A further conference at the Fair Work Commission will be convened at 2.00 pm Thursday 17 July 2014 for report back on all of the matters.

COMMISSIONER

Attachment A:

Attachment B:

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Title:
MA000017 - Decision - 25 Jun 2014
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25 Jun 2014
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26 Jun 2014
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MA000017 - Decision - 25 Jun 2014
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