STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Casual employment and Part-time employment
(AM2014/196 and AM2014/197)

4 yearly review of modern awards - common issue - part time and casual employment –minimum engagement for casual employees –draft determinations published.

[1] In our decision of 5 July 2017 1 (the July decision) we expressed the provisional view that modern awards which do not contain a daily minimum engagement period for casual employees should be varied to include a 2 hour daily minimum engagement period for casual employees.2 Attachment G to the July decision set out the modern awards to which this provisional view applied (Attachment G). Parties were provided with an opportunity to provide any further written submissions regarding the provisional view by 2 August 2017.

[2] In our decision of 24 November 2017 (the November decision), 3 we noted that a number of submissions were received in response to the direction for filing. In particular we determined that;

•  the Local Government Industry Award 2010 would be programmed for hearing on this matter;

•  the Higher Education (Academic Staff) Award 2010 would be determined on the papers in due course;

•  the Cleaning Services Award 2010,Corrections and Detention (Private Sector) Award 2010 and the Security Services Industry Award 2010 had been erroneously included in Attachment G and would not be varied in accordance with the provisional view;and

•  draft determinations for the remaining awards in Attachment G would be published shortly,and parties would have 7 days to make any further submissions about the form of the variations.

[3] Having further reviewed the modern awards listed in Attachment G,we note that the Educational Services (Teachers) Award 2010 (Teachers Award) contains a minimum engagement period for casual employees at clause 14.5. The Teachers Award will therefore not be varied in accordance with the provisional view.

Model wording for insertion of daily minimum engagement period

[4] Draft determinations giving effect to the provisional view with respect to the remaining 27 awards listed in Attachment G will be issued concurrently with this statement.

[5] We note that the draft determinations contain model wording for the insertion of the 2 hour daily minimum engagement period for casual employees as follows:

“The minimum period of engagement of a casual employee is two hours.”

Other outstanding issues

[6] In the July decision we set out the claims made by the AMWU in relation to the following four awards:

•  Manufacturing and Associated Industries and Occupations Award 2010 4 (Manufacturing Award);

Vehicle Manufacturing,Repair,Services and Retail Award 2010 5 (Vehicle Award);

Graphic Arts,Printing and Publishing Award 2010 6 (Graphic Arts Award);and

Food,Beverage and Tobacco Manufacturing Award 2010 7 (Food and Beverage Award).8

[7] Whilst the Manufacturing Award and the Food and Beverage Award both contain facilitative provisions of the nature of those discussed at paragraph [409],we have been unable to identify facilitative provisions of the same nature in the Vehicle Award or the Graphic Arts Award. Their inclusion at paragraph [409] of the July decision appears to be an error.

[8] Further to our provisional view,we consider that the Manufacturing Award and the Food and Beverage Award should be varied as per paragraph [409] of the July decision. The Vehicle Award will be varied to insert the standard minimum engagement period set out at paragraph [5] above. We do not intend to vary the Graphic Arts Award.

Draft determinations and further submissions

[9] Draft determinations which give effect to the two hour minimum engagement period and the facilitative provision with a minimum “floor”of a 3 hour minimum engagement for casual employees can be accessed via the links below:

[10] Any interested party may on or before 5.00pm Friday 2 February 2018,file any further submissions regarding the provisional view set out in paragraph [8] and the form of the variations in paragraph [9] above.

VICE PRESIDENT

 1  [2017] FWCFB 3541

 2  Ibid at [408]

 3  [2017] FWCFB 6181

 4  MA000010

 5  MA000089

 6  MA000026

 7  MA000073

 8  [2017] FWCFB 3541,at [107] –[109]

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