MODERN AWARDS – 4 yearly review – common issues – s.156 Fair Work Act 2009 – Full Bench – July 2015 Award Flexibility decision dealt with a number of claims to vary certain modern awards in respect of make up time and time off instead of payment for overtime [[2015] FWCFB 4466] – make up time claim rejected – interested parties provided with opportunity to file written submissions in relation to the content of the provisional model term and the proposition that the model term be inserted in 113 modern awards – October 2015 decision dealt with submissions concerning the content of the model term [[2015] FWCFB 6847] – April 2016 decision proposed further changes to the form and content of the model TOIL term [[2016] FWCFB 2602] – interested parties given opportunity to comment on the plain language redraft of the model term – 8 July 2016 decision dealt with submissions received in relation to the proposed plain language model term and finalised the model term and associated template agreement [[2016] FWCFB 4258] – this decision deals with the 49 modern awards which contain existing ‘time off in lieu of overtime’ (TOIL) provisions, but which are not the subject of an award specific submission – Full Bench propose to vary the 44 modern awards set out at Attachment D to insert the model term and the associated schedule containing the template agreement – existing TOIL terms in these 44 modern awards should be deleted – satisfied the variation of these 44 modern awards to incorporate the model term is necessary to ensure that each of these modern awards provides a fair and relevant minimum safety net, taking into account the s.134 considerations – April 2016 decision provided for the variation of 26 modern awards – 70 of the 122 modern awards will now contain the model term and associated schedule – regarding the other five modern awards – the Mobile Crane Hiring Award 2010 and the Amusement, Events and Recreation Award 2010 – provisional view of Full Bench that the two existing provisions do not achieve the modern awards objective – these awards will be listed for further hearing at 9.30 am on 24 August 2016 – the Book Industry Award 2010 – our provisional view that the TOIL term in this award does not provide a fair and relevant safety net and on that basis does not achieve the modern awards objective – Full Bench will publish a draft variation determination in respect of this award and list the matter for further hearing on 24 August 2016 – the Supported Employment Services Award 2010 and the Children’s Services Award 2010 – provide a limitation on the amount of overtime that can be the subject of a TOIL agreement – provisional view that if the existing provisions were replaced by the model term then such a limitation may be unnecessary – Full Bench propose to adopt the provisional view that these two modern awards should be varied to delete the existing TOIL provisions and insert the model term and the associated schedule – interested parties will have 14 days to comment on the draft variation determinations – directions for the further hearing of this matter to be listed in due course. 4 yearly review of modern awards – Award flexibility
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