FWA to hear submissions on penalty rates, public holidays

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FWA to hear submissions on penalty rates, public holidays

Parties to modern awards are to have five weeks to file applications to amend penalty rate and public holiday provisions, and a similar time period for responses.

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Parties to modern awards are to have five weeks to file applications to amend penalty rate and public holiday provisions, and a similar time period for responses.
 
FWA has published draft directions (Report to the full bench: Notice of listing — Directions hearing — Penalty rates [2012] FWA 5373 (4 July 2012)) for the first stage of the modern award review and Commissioner Peter Hampton has acknowledged there is a substantial task ahead.

He said that in the main public holidays matter, the ACTU proposed to vary 111 modern awards.

Electronic submissions
 
According to the draft orders, applicant parties will have until 4 pm on Monday, 13 August, to file electronically written submissions, including witness statements, with FWA.

Other interested parties will have until 4 pm on Monday, 17 September, to file their submissions. The submissions must go to a dedicated email address. They will then be posted to the FWA website.

Single FWA members will conduct the review procedures during September, with reports to the full benches in time for hearings to be completed in October. No specific hearing dates have been determined.

Individual FWA members will also hear evidence on public holidays matters and provide a report to the full bench for the following groups of modern award applications:
  • Fast Food Industry Award 2010
  • General Retail Industry Award 2010
  • Food, Beverage and Tobacco Manufacturing Award 2010
  • Hospitality Industry (General) Award 2010
  • Hair and Beauty Industry Award 2010.
30 witnesses
 
It is intended that applications to vary the Restaurant Industry Award 2010 will be heard separately.

Australian Business Industrial and the Restaurant and Catering Association of Victoria have requested that all aspects of their application to vary the Restaurant Industry Award 2010 be dealt with separately, because they intend to present evidence from more than 30 witnesses.

United Voice has not objected to the employer’s proposal.
 
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