Fair Work Australia — activities update

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Fair Work Australia — activities update

Equal remuneration case — update; Low-paid bargaining case — update; Division 2B State awards hearings — update; Modern award minimum engagement clauses — applications.

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Equal remuneration case — update; Low-paid bargaining case — update; Division 2B State awards hearings — update; Modern award minimum engagement clauses — applications.
 
Equal remuneration case — update
 
On 11 March 2010, various unions lodged an application for an Equal Remuneration order.
 
This is the first such case under the new Fair Work Act 2009. The case is to be dealt with by a Full Bench of Fair Work Australia (FWA). FWA’s dedicated website on the case can be found here.
 
The federal Government and the ACTU and any other party supporting the application are to file an outline of contentions and any evidence by 14 October. All other parties are to file their outlines and evidence by 21 October.
 
 
Low-paid bargaining case — update
 
The Liquor, Hospitality and Miscellaneous Union and The Australian Workers’ Union, Queensland have each made an application for a low-paid authorisation within the aged care industry. The union seeks to bargain with multiple industry employers across the Australian Capital Territory, Northern Territory, Queensland, South Australia and Western Australia.
 
This appears to be the first application made under the new provisions and is being run separately to the equal remuneration case.
 
The matter has been listed in Sydney from 22 to 26 November. FWA has set up a separate website to host information relating to these applications. It can be accessed here.
 
 
Division 2B State awards hearings — update
 
From 31 December 2010, a group of state awards known as the ‘Division 2B State awards’ will cease to have effect. From that date, employers and employees previously covered by a Division 2B State award will be covered by a modern award. FWA is currently accepting applications from interested parties who want the tribunal to: vary a modern award to continue the effect of the terms of a Division 2B State award beyond its termination date.
 
These applications seek to insert transitional provisions — ie make an order continuing the effect of a Division 2B State award beyond its termination date and the application of entitlements in relation to long service leave.
 
Submissions were required to be lodged by 30 June 2010. However, the president of FWA indicated that it would provide further time for submissions. The Statement can be found here
 
Further information is available on the Division 2B State awards website
 
 
Modern award minimum engagement clauses — applications
 
There are currently separate applications being pursued before FWA to vary existing minimum engagement clauses in current modern awards.
 
In the retail sector, retail employers are supporting an application to vary the General Retail Industry award to provide more flexible arrangement for younger workers looking to combine school and work opportunities. The award currently has a three-hour minimum engagement limit.
 
ACCI has also appeared in support of the application. VECCI has also lodged a broad ranging application across 81 separate awards intended to enable part-time and casual employees to initiate requests to vary existing minimum engagement requirements in order to allow shorter periods to be agreed upon. The ACTU and other unions appearing indicated the applications would be opposed.
 
FWA has established a dedicated website to deal with the VECCI applications — found here.
 
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