Award modernisation review in 2012

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Award modernisation review in 2012

The President of Fair Work Australia, Justice Giudice, has published a Statement on the 2012 review of modern awards.

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The President of Fair Work Australia, Justice Giudice, has published a Statement on the 2012 review of modern awards.

An edited version of this Statement is set-out below.
 
‘[Timing]
 
This statement deals with the review of modern awards required by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act). 
 
Pursuant to item 6 of Schedule 5 to the Transitional Act, Fair Work Australia must conduct a review of all modern awards, other than modern enterprise awards and State reference public sector modern awards, as soon as practicable after the second anniversary of the Fair Work (safety net provisions) commencement day. The Fair Work (safety net provisions) commencement day was 1 January 2010. Therefore the tribunal must conduct the review as soon as practicable after 1 January 2012.

[Transitional arrangements]
 
Pursuant to item 7 of Schedule 5 to the Transitional Act, Fair Work Australia may also review transitional arrangements in a modern award. It may only do so if the award contains a term providing for a review of those provisions, provided the term was included in the award in the award modernisation process. Modern awards with transitional provisions include a review term. It is convenient to deal with any proposals to vary transitional provisions under item 7 in conjunction with the review of modern awards required by item 6.
 
[Nature of reviews]
 
At this stage it is anticipated that the review will be conducted by members of Fair Work Australia sitting alone to deal with awards, including transitional provisions where appropriate, on an individual basis. A Full Bench may be constituted to deal with a matter or matters of general significance.

The review will be based mainly on applications to vary modern awards. In some cases Fair Work Australia may also propose variations. It is likely that these proposed variations will be limited to technical and drafting matters.
 
Where, in relation to a particular modern award, there is no application to vary and Fair Work Australia does not propose any variations, in normal circumstances there will not be any public proceedings in relation to the review of that modern award.

[Deadline for applications]
 
Any application to vary a modern award as part of the review should be filed by Thursday 8 March 2012. The application should contain grounds in support of the application, a brief outline of the submissions to be made and statements of any evidence to be called.

A draft application form has been prepared for the purposes of the review. The form can be downloaded from the Fair Work Australia website. Any application for a determination to vary a modern award as part of the review which is not lodged by 8 March 2012 will not be dealt with in the review unless Fair Work Australia decides otherwise.

[Timetable]
 
After 8 March 2012 a procedure and timetable will be adopted which are appropriate to the circumstances — including the nature of any proposed variations.

[Internet]
 
It is anticipated that the internet will be used extensively during the review. A special review page will be established for each modern award. The existing subscriber list for the modern award in question will also be the initial subscriber list for the special review page. Subscribers will be notified by email of all relevant postings to the page including applications, submissions and decisions.’

Award Modernisation 2012 — Statement — [2011] FWA 7975 (17 November 2011)
 
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