4 yearly review of modern awards—Educational Services (Schools) General Staff Award 2010

[2018] FWCFB 2875

[2018] FWCFB 2875

FAIR WORK COMMISSION

STATEMENT

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

4 yearly review of modern awards—Educational Services (Schools) General Staff Award 2010
(AM2014/225)

JUSTICE ROSS, PRESIDENT
SENIOR DEPUTY PRESIDENT HAMBERGER
DEPUTY PRESIDENT CLANCY
COMMISSIONER JOHNS MELBOURNE, 22 MAY 2018

4 yearly review of modern awards – award stage – exposure drafts – technical and drafting issues – Educational Services (Schools) General Staff Award 2010 – outstanding issues.

[1] The outstanding technical and drafting matters for the Educational Services (Schools) General Staff Award 2010 1(General Staff Award) were considered in our decision of 13 March 20182 (March decision).

[2] As part of the March decision we noted that there were three items that required final determination and foreshadowed that they would be finalised as part of a subsequent Statement. 3 These remaining items are considered below.

Item 26 – payment for annual leave

[3] Submissions regarding this item were due by 27 March 2018. No submissions were received in response to the previous submissions by Associations of Independent Schools and Independent Education Union of Australia (collectively AIS and IEU). 4

[4] For completeness, the calculation used to achieve the rate of 1.342% is:

17.5 x 4 ÷ 52.18

[5] This formula is consistent with the calculation method used for converting the annual salaries in the General Staff Award to weekly rates.

[6] In the absence of any further submissions, and on the basis that the variation will create consistency between the General Staff Award and the Educational Services (Teachers) Award 2010, 5 we intend to vary clause 17.3(b)(i) of the exposure draft by deleting the value of 1.3426% and inserting 1.342%.

Item 23 – broken shifts and Item 28 – Schedule B – summary of hourly rates of pay

[7] As per the March decision, a conference was convened on 29 March 2018 before Commissioner Johns for the purposes of finalising these items. The conference was attended by representatives from the AIS and IEU. No representative from the Australian Federation of Employers and Industries (AFEI) attended the conference to sustain or withdraw the objection previously raised. 6

[8] The Commission subsequently contacted AFEI and confirmed that the objections to these items were no longer being pursued. 7

[9] On that basis, clauses 15.4 and 15.5 of the exposure draft will be varied as per the AIS and IEU submission reproduced at [100] of the March decision. As a result of this variation, there will be a consequential amendment to the rates in Schedule B – summary of hourly rates of pay.

[10] An updated exposure draft reflecting these changes will be published in due course.

PRESIDENT

 1   MA000076

 2   [2018] FWCFB 1405

 3   [104] of [2018] FWCFB 1405

 4   AIS and IEU submissions of 14 April 2016 and 24 November 2017

 5   MA000077

 6   AFEI submission in reply , 9 May 2016, p 4

 7   AFEI correspondence, 11 April 2018

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