MODERN AWARDS – 4 yearly review – s. 156 Fair Work Act 2009 – Full Bench – consideration of potential changes to Vehicle Manufacturing, Repair Services and Retail Award 2010 (VMRSR Award) in context of recent exposure drafts – considered proposal to transfer vehicle manufacturing section of VMRSR Award to Manufacturing and Associated Industries and Occupations Award 2010 (Manufacturing Award) – parties opposed transfer – NRA and 4 yearly review Annual leave decisions considered – Full Bench held VMRSR Award does not support modern awards objective in ensuring simple, easy to understand, stable and sustainable award system that avoids unnecessary overlap – too complex and difficult to understand – detrimental in industry with large proportion of small and award-dependent employees – VMRSR Award effectively two awards in one which limits benefits – no satisfactory industry, occupational or functional dividing line between vehicle industry manufacturing in VMRSR Award and that in Manufacturing Award – majority of vehicle manufacturing businesses and employees covered by Manufacturing Award – consideration of impending cessation of vehicle manufacturing industry – ancillary manufacturing work undertaken in repair, service and retail businesses need not apply Manufacturing Award – parties to consider best way to transfer vehicle manufacturing section to Manufacturing Award – further considered modified shift length provisions – held 10 hour shifts should be default position and facilitative provisions can allow shifts in excess of 10 hours per day and up to 12 hours per day subject to revised safeguards – consideration of special provisions for vehicle salespersons regarding minimum and commission payments – parties’ agreed position adopted – hours worked in excess of 38 may attract payment of commission subject to reconciliation every 3 months – further considered break provisions for driveway operators, console operators and roadhouse attendants – held exposure draft resolved issues – structure of existing provision remains – clarified employer can determine if breaks taken but cannot decide whether the breaks taken – further considered overtime provision in exposure draft and potential confusion regarding payment of shift and annual leave loading to shiftworkers – held clause not ambiguous and does not require redrafting – further considered whether casual loading and penalty rates should be aligned for certain workers or amended to correct alleged past error in setting current rates – held history of provisions did not demonstrate any error that could be corrected using s.160 – held there may be relevant ‘work value’ considerations under s.156(3)-(4) to align classifications – casual classification relativities do not align to the relativities of the specified full-time workers – parties to make submissions on issue before determination by Full Bench. Vehicle Manufacturing, Repair Services and Retail Award 2010
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