MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – application by Coal Mining Industry Employer Group (CMIEG) in respect of accident pay provisions – Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Construction, Forestry, Mining and Energy Union (CFMEU) opposed the application and raised a threshold issue of whether the CMIEG was able to prosecute its application – question of whether CMIEG permitted to prosecute a case for reduction of accident pay benefits under the Award dealt with as a threshold question – Full Bench has issued three decisions dealing with the issue of accident pay – Determination varying the Award to delete clause 18.8 made on 19 December 2014 [PR559442] – CMIEG sought to be heard on the question of whether the 52 week limitation period concerning accident pay entitlements should apply to the Award – APESMA and CFMEU submitted that CMIEG’s request be refused because either the request was to reopen a matter which was finally determined by a decision of the Full Bench on 31 October 2014; or the request should be refused on discretionary grounds including public interest considerations and the need for a proper basis requiring the Commission to take a different course than that which has been earlier determined – Full Bench held employers in the coal industry wish to be heard in relation to a matter that has not been considered by the Commission in relation to the Award – considered that the Commission had jurisdiction to deal with this question as part of the 4 yearly review as its powers are conferred in broad terms and particularly in circumstances where the 4 yearly review is ongoing – appropriate to hear from the parties to ascertain whether changes of the type sought should be made – parties directed to confer on appropriate further directions for the hearing and determination of whether a 52 week limitation period concerning accident pay entitlements should apply to the Award. Black Coal Mining Industry Award 2010
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