MODERN AWARDS – award modernisation – modern enterprise award – Sch. 6, Items 4, 6 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 – Full Bench – application by the Government of the Australian Capital Territory to make a modern enterprise award entitled the ACT Public Sector Enterprise Award 2016 to replace and consolidate various current enterprise awards in the ACT public sector – applicant and relevant unions in support of the application – Commission considered the relevant factors in Schedule 6 sub-item 4(5) of the TPCA Act – modern awards objective and minimum wage objectives considered – held ACT public service a unique entity and no real industry of the ACT public sector beyond the applicant – relevant current enterprise awards have a long and distinct history – terms and conditions of the current enterprise awards are enterprise specific terms and conditions, thus a consolidated and modernised Award is the most suitable vehicle for a fair and relevant minimum safety net in the future – industry specific modern awards do not reflect the needs, terms and conditions of employees in the ACT public sector – without a modern enterprise award ACT public sector employees would need to be covered by a large number of modern awards which may lead to difficulties in enterprise bargaining and fragmentation of the award safety net – hence, compelling case for making of modern enterprise award for the ACT public service – proposed enterprise award made in terms agreed between the parties. Re: ACT Public Sector Enterprise Award 2016
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