MODERN AWARDS – 4 yearly review – ss.134, 156 Fair Work Act 2009 – Full Bench – 4 yearly review of modern awards – two proposed variations to the Rail Industry Award 2010 (the modern award) – first proposal was made by the Australian Rail Tram and Bus Industry Union (RTBU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) (together the unions), supported by the Australian Manufacturing Workers’ Union (AMWU), and concerned rates of pay for work on a Saturday, particularly overtime work – second proposal was made by a number of rail industry employers (the rail employers) and concerned the proposed inclusion of additional detail in the definition of the Level 9 Clerical, Administrative and Professional Classification – Rates of pay for work on a Saturday – unions submitted it was anomalous for employees under the modern award who work overtime on a Saturday to be paid at a lesser rate than those who work overtime between Monday and Friday – Full Bench held no doubt that the current provision for overtime pay on Saturday in the modern award was quite unusual, when compared to provisions in other modern awards – satisfied that the modern award achieved the modern awards objective at the time that it was made – not satisfied that circumstances have changed sufficiently to justify a variation to the award as proposed by the unions – proposal to alter the current rates of pay for overtime on Saturday rejected – Level 9 Clerical, Administrative and Professional Classification – classification structure was inserted in the modern award by the Commission as part of the award modernisation process – rail employers described the proposed amendment as incorporating the existing requirements and adding additional indicia and examples – submitted that the proposed definition would provide greater guidance to employers and employees as to which employees within the organisation fall within the definition – RTBU submitted that the proposed variation was nothing more than an attempt to limit coverage of the modern award – Full Bench found rail employers presented no evidence concerning the need to amend the classification description – found no evidence there has been any particular confusion about which employees are covered by the classification – Full Bench did not consider that the proposed change was justified. Rail Industry Award 2010
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