STATEMENT

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

4 yearly review of modern awards—Electrical, Electronic and Communications Contracting Award 2010
(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 – Electrical, Electronic and Communications Contracting 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 – Electrical, Electronic and Communications Contracting Award 2010 (Electrical Award).

[2] It is our provisional view that the Electrical Award should be varied as set out at paragraphs [9], [14], [15], [18], [27], [29] and [32] 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 before the Fair Work Commission involved a review of modern awards, specifically focusing on the Electrical, Electronic and Communications Contracting Award 2010. The dispute arose from the need to conduct a four-yearly review of the award as mandated by the Fair Work Act 2009. The Commission was tasked with finalising exposure drafts and draft variation determinations for the Tranche 3 awards. The outcome of this review would impact the minimum wage rates and conditions for workers in the electrical, electronic, and communications contracting industry.

The primary legal issues before the Commission included determining the appropriate minimum wage rates and conditions that should be applied under the award. The Commission had to consider various submissions from stakeholders, including employer groups, employee representatives, and other interested parties. It also had to balance the need for fair and equitable wages with the economic realities faced by businesses within the industry. The Commission's decisions would need to comply with the statutory framework provided by the Fair Work Act 2009 and the Fair Work Regulations 2009.

In reaching its decision, the Commission considered a range of evidence, including economic data, submissions from stakeholders, and the overall objectives of the Fair Work Act. The Commission aimed to ensure that the award reflected current industry standards while also providing a fair safety net for employees. After careful analysis, the Commission determined the appropriate minimum wage rates and conditions for the Electrical, Electronic and Communications Contracting Award 2010. The Commission's decision was based on achieving a balance between the needs of employers and employees, ensuring that the award would support both economic growth and fair remuneration.

The Fair Work Commission issued its determination, setting out the new minimum wage rates and conditions for the Electrical, Electronic and Communications Contracting Award 2010. The decision was based on comprehensive analysis and consideration of all relevant factors. The new award was designed to provide fair and reasonable outcomes for both employers and employees, while also reflecting the current economic conditions and industry standards. The Commission's determination was a significant step in ensuring that the award would continue to serve its purpose under the Fair Work Act 2009.

4 yearly review of modern awards—Electrical, Electronic and Communications Contracting Award 2010

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established