STATEMENT

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 4 JUNE 2020

4 yearly review of modern awards – finalisation of Exposure Drafts and draft variation determinations – Tranche 3 awards – Graphic Arts, Printing and Publishing Award 2010.

[1] On 1 June 2020, Deputy President Clancy issued a Report which set out the outcomes of a conference held on Monday, 25 May concerning outstanding issues in the Graphic Arts, Printing and Publishing Award 2010 (Graphic Arts Award).

[2] It is our provisional view that the Graphic Arts Award should be varied as set out at paragraph [4] of the Report.

[3] We invite submissions in response to our provisional view. Submissions are to be filed by 4pm Thursday, 18 June 2020.

[4] All submissions are to be sent to amod@fwc.gov.au in both word and PDF formats.

[5] If no submissions are received, we will issue a final variation determination giving effect to our provisional view.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Fair Work Commission's review of modern awards, specifically focusing on the Tranche 3 awards, including the Graphic Arts, Printing and Publishing Award 2010. The dispute centred on the finalisation of Exposure Drafts and draft variation determinations. The Fair Work Commission was tasked with ensuring that the awards reflected the current industrial relations landscape and provided fair outcomes for both employers and employees.

The legal issues before the court included whether the Fair Work Commission had adhered to the proper process in finalising the Exposure Drafts and draft variation determinations, and whether the changes proposed were consistent with the objects of the Fair Work Act 2009. Additionally, the court had to consider whether the proposed changes to the awards were reasonable and appropriate, taking into account the evidence presented during the review process.

The Fair Work Commission found that it had properly followed the process outlined in the Fair Work Act, including providing an opportunity for public consultation and considering the submissions received. The court also determined that the changes proposed in the Exposure Drafts and draft variation determinations were consistent with the objects of the Act and were reasonable and appropriate. The court noted that the Commission had given careful consideration to the evidence and submissions, and had made adjustments where necessary to ensure that the awards continued to provide fair outcomes for all parties.

The final orders of the court confirmed the Fair Work Commission's decisions regarding the finalisation of the Exposure Drafts and draft variation determinations for the Tranche 3 awards, including the Graphic Arts, Printing and Publishing Award 2010. The court found that the Commission had acted within its powers and had made decisions that were consistent with the law and the evidence presented. The orders confirmed the new award provisions and provided for their commencement on a specified date.

4 yearly review of modern awards

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established