Stage 4 awards — including Miscellaneous Award — released

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Stage 4 awards — including Miscellaneous Award — released

A Full Bench of the AIRC has released a decision on Stage 4 awards in the modern award process — including the Miscellaneous Award.

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A Full Bench of the AIRC has released a decision on Stage 4 awards in the modern award process — including the Miscellaneous Award.
 
This decision dealt with the award modernisation process and in particular the Stage 4 modern awards. The process is being carried out pursuant to statutory provisions and a request made by the Minister for Employment and Workplace Relations.
 
For the full decision referring to the changes to the noted awards, click here.
 
Scope of the Miscellaneous Award 
 
The Miscellaneous Award 2010 has generated particular interest because there was speculation around the coverage of the award — whether it would cover ‘all’ levels of employees — see previous WorkplaceInfo article. The Full Bench resolved this by limiting its application:
‘Almost without exception employer representatives criticised the breadth of coverage in the exposure draft. They suggested that employees who have traditionally been excluded from award coverage, particularly professional and managerial employees, would be covered, including those deliberately excluded from modern award coverage in earlier stages of the modernisation process.
 
… We have considered all of the submissions and decided to include an additional paragraph in the coverage clause which more closely reflects the terms of the consolidated request and the Fair Work Act. The paragraph also contains some greater definition of the types of employees excluded.
 
It reads:
“4.2 The award does not cover those classes of employees who, because of the nature or seniority of their role, have not traditionally been covered by awards including managerial employees and professional employees such as accountants and finance, marketing, legal, human resources, public relations and information technology specialists.”’
Stage 4 Modern Awards addressed
 
The AIRC addressed each of the draft awards in turn and made some changes in most cases from the form of each award in the exposure drafts.
 
The awards in issue were:
  • Aboriginal Community Controlled Health Services Award 2010
  • Ambulance and Patient Transport Industry Award 2010
  • Animal Care and Veterinary Services Award 2010
  • Aquaculture Industry Award 2010
  • Car Parking Award 2010
  • Children’s Services Award 2010
  • Corrections and Detention (Private Sector) Award 2010
  • Dry Cleaning and Laundry Industry Award 2010
  • Educational Services (Teachers) Award 2010 — variation only
  • Fire Fighting Industry Award 2010
  • Fitness Industry Award 2010
  • Funeral Industry Award 2010
  • Gardening and Landscaping Services Award 2010
  • Labour Market Assistance Industry Award 2010
  • Legal Services Award 2010
  • Local Government Industry Award 2010
  • Mannequins and Models Award 2010
  • Miscellaneous Award 2010
  • Pest Control Industry Award 2010
  • Professional Diving Industry (Industrial) Award 2010
  • Professional Diving Industry (Recreational) Award 2010
  • Real Estate Industry Award 2010
  • Restaurant Industry Award 2010
  • Salt Industry Award 2010
  • Seagoing Industry Award 2010
  • Social, Community, Home Care and Disability Services Industry Award 2010
  • State Government Agencies Administration Award 2010
  • Supported Employment Services Award 2010
  • Travelling Shows Award 2010
  • Water Industry Award 2010
  • National Training Wage Schedule
 
Model provisions — labour hire
 
The AIRC confirmed its previously announced approach to labour-hire provisions:
‘In our statement of 17 November 2009, we set out, for comment, draft model provisions for insertion into each modern award, where relevant, in relation to employees of labour hire (on-hire) companies and employees of group training organisations.
 
In each case variations of the model clause were published and an indication given as to which model clauses would be inserted into each modern award (including the Stage 4 awards then in exposure draft form).
 
We also noted that some modern awards already contain relevant provisions with respect to on-hire employees and may not require a model clause.’
Group training
 
The AIRC then dealt with a number of issues that have arisen from the comments we have received and concluded:
‘We indicate at this point that the final version of the model provisions is Attachment B to this decision.’
The AIRC listed awards that contain the model group training provision — see list near end of decision.
 
Conclusion — the overall picture
 
The AIRC concluded:
‘This decision deals with the Stage 4 modern awards, the final group of awards to be made under Part 10A of the WR Act. The total number of modern awards is 122. Those awards will replace approximately 1560 federal and state awards.
 
The process commenced on 28 March 2008 when the Minister signed a request to the President under s.576C(1) of the WR Act. A Full Bench was constituted in May 2008.
 
The process has been conducted by the Full Bench with assistance from many other members of the Commission. There has been a total of around 120 days of consultations with interested parties including the consultations on the initial priority issues and transitional arrangements, pre-drafting consultations and consultations on the exposure drafts.
 
We acknowledge the contributions made by scores of people who have participated in the consultations, either in writing or personally, by formulating and advancing proposals, draft awards and submissions. The timetable has placed significant demands on the resources of many, particularly those unions and employer representatives with interests across a number of industries. Overall the level of cooperation and assistance we have received has been of the highest order.’
Details on award modernisation
 
Details on award modernisation are available online
 
Full decision
 
 
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