REPORT TO THE FULL BENCH

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

4 Yearly Review of Modern Awards:TEXTILE,CLOTHING,FOOTWEAR AND ASSOCIATED INDUSTRIES AWARD 2010—Report to the Full Bench
(AM2014/91)

COMMISSIONER LEE

HOBART,18 JULY 2014

4 Yearly Review of Modern Awards:Textile,Clothing,Footwear and Associated Industries Award 2010—Report to the Full Bench

[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. The Textile,Clothing,Footwear and Associated Industries Award 2010 [MA000017] (the TCF award) was designated as a Group 1 Award in the notice of listing issued on 9 May 2014 for the 13 May 2014 conference. The Full Bench Statement notified parties that the TCF award was a Subgroup 1C award and was to be referred to me for conference and report back to the Full Bench.

[2] Conferences were convened on 18 June and 17 July 2014. Participants in the conferences included the Textile,Clothing and Footwear Union of Australia (TCFUA),Australian Industry Group (Ai Group),The Australian Workers’Union (AWU),Australian Business Industrial (ABI) and the New South Wales Business Chamber (the NSW Chamber). A number of observers were also present at the conferences convened.

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

[4] Subsequent to the conference convened on 18 June 2014,I issued directions for the filing of materials in relation to this matter. Materials were filed by the TCFUA,Ai Group and the ABI and the NSW Chamber (a joint submission).

[5] The variations sought by the parties can be divided into two categories,those of a technical/drafting nature and substantive variations. I will deal with each in turn.

Technical/Drafting variations

[6] The TCFUA proposed 9 variations of a technical/drafting nature. Most were not opposed by Ai Group,ABI and the NSW Chamber. Ai Group proposed its own variation in relation to 4 of the matters raised by TCFUA. ABI and the NSW Chamber proposed its own variation in relation to 1 of the matters raised by TCFUA. Please see annexure A at point 1 for the particulars of the variations sought.

[7] The Fair Work Ombudsman (FWO) raised six matters of a technical/drafting nature in their correspondence to the Fair Work Commission (the Commission) on 4 April,9 May and 20 May 2014. The parties have indicated their view that some of the issues raised by the FWO do not require variation to the TCF award. Ai Group proposed two variations to deal with matters raised by the FWO. Please see annexure A at points 2,3 and 4.

[8] The Commission in its ‘Guide to Award Stage’ and ‘Exemplar Award’raised a number of general issues in relation to awards. The parties have also provided me with their response to these documents in the context of the TCF award. These responses have been collated and can be found at Annexure A at point 5.

Substantive variations

[9] TCFUA was the only party to seek substantive variations to the TCF award. The TCFUA seeks 5 substantive variations and has provided draft determinations to the Commission. The draft determinations are attached to this report back at Annexure B. The AWU has advised that it supports the variations sought by the TCFUA.

[10] The AIG and the ABI and the NSW Chamber have advised that they oppose all of the 5 substantive variations sought by the TCFUA.

Appropriate directions and hearing information

[11] The parties have sought an opportunity to have further discussions with a view to narrowing the areas of disagreement between them on the range of variations proposed. They will report back to me by August 7 2014 on the outcome of the further discussions. At that time they will advise if conciliation from the Commission is sought in relation to some of the matters and which matters are unlikely to be resolved and will require arbitration.

COMMISSIONER LEE

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