MODERN AWARDS – award modernisation – Sched. 6, Item 4 Fair Work Act 2009 – Full Bench – application for modern enterprise award to replace the CSIRO (Salaries and Conditions of Service) Award 1999 – whether modern enterprise award should be made – application supported by CSIRO Staff Association and the AMWU – Full Bench adopted approach in Public Service v CPSU and Ors – long and distinct history of current enterprise award – no single award that would, but for the proposed award, cover all employees covered by current enterprise award – content of various industry specific awards did not reflect needs, terms and conditions of employees – proposed award covered activities in the relevant industry (Coleambally Irrigation Co-operative Limited) – enterprise specific terms and conditions applied to employees of applicant – terms and conditions in Miscellaneous Award 2010 did not provide fair and relevant minimum safety net for purposes of BOOT – Miscellaneous Award 2010 not created or designed to be universal safety net but to be transition point to another modern award whose coverage may require review – no opposition to application – held modern enterprise award should be made. Commonwealth Scientific and Industrial Research Organisation – Re CSIRO (Salaries and Conditions of Service) Award 1999
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