MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – decision concerned several proposed variations to Road Transport and Distribution Award 2010 (Road Transport Award) and Road Transport (Long Distance Operations) Award 2010 (Long Distance Award) – Transport Workers’ Union of Australia (TWU) and Australian Industry Group (Ai Group) (the applicants) filed proposed variations – TWU proposed three variations to Road Transport Award and three to Long Distance Award – Ai Group proposed three variations to Road Transport Award – TWU proposed inserting definition of ‘driver’ in Road Transport Award – Full Bench not persuaded that variation necessary and no evidence presented to demonstrate that lack of definition led to difficulties for employers and employees – TWU also proposed variation to definition of ‘road transport and distribution industry’ with insertion of new subclause (j) – Full Bench considered there was arguable case that some provisions of Road Transport Award be modified in its application to group of employees and proposed to convene conference of interested parties to explore issues further – TWU proposed to insert new subclause 27.8 of Road Transport Award relating to overtime – Full Bench saw merit to require that employee who works temporarily under Road Transport Award should have hours of work performed under the other award to count towards ordinary hours of work under Road Transport Award, but did not think there was sufficient evidence to demonstrate that proposed variation was necessary to meet modern awards objective, did not consider proposed amendment be made – TWU filed draft determination seeking to replace current clause 13.5(a)(iii) in Long Distance Award in relation to Fatigue Management Plans (FMP) – Full Bench considered that effect of proposal was merely that a copy of relevant FMP for that journey be provided to driver and considered that the proposed variation be made with slight alteration to the wording – TWU filed further two draft determinations seeking to give effect to its proposal to insert new pickup and drop-off allowance into Long Distance Award – argued that drivers were not being properly compensated for multiple pickups and drop-offs and that these pickups and drop-offs cannot be considered as part of long distance operation, so should attract additional remuneration – Full Bench did not consider that proposed variations should be made without thorough reassessment of schedules and operations and declined to make proposed variations – Ai Group proposed variations to meal allowance provisions of Road Transport Award – Full Bench not persuaded that change was justified – agreed with TWU that a case has not been made for what was effectively a removal of meal allowance for certain employees – Ai Group further proposed variation to higher duties provisions of Road Transport Award – Full Bench not persuaded that current higher duties clause failed to strike fair and relevant balance between needs of employers and employees – declined to make proposed variation – in conclusion, Full Bench varied Road Transport Award with addition of new subclause added to definition of ‘road transport and distribution industry’ and convened conference of interested parties to discuss further modifications to Road Transport Award for accommodation of particular features of vehicle relocation work – also approved addition to end of clause 13.5(a)(iii) of Road Transport Award – no other variations to awards were made. 4 yearly review of modern awards – Road Transport and Distribution Award 2010 and Road Transport (Long Distance Operations) Award 2010
…
