STATEMENT

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

4 yearly review of modern awards–Food, Beverage and Tobacco Manufacturing Award 2010
(AM2019/17)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 15 JUNE 2020

4 yearly review of modern awards – finalisation of Exposure Drafts and draft variation determinations – Tranche 3 awards –Food, Beverage and Tobacco Manufacturing Award 2010.

[1] On 11 June 2020, Deputy President Clancy issued a Report which set out the outcomes of conferences held on Monday 25 May 2020 and Tuesday 9 June 2020 concerning outstanding issues in the Food, Beverage and Tobacco Manufacturing Award 2010 (Food Manufacturing Award).

[2] It is our provisional view that the Food Manufacturing Award should be varied as set out at paragraphs [7], [8] and [9] of the Report.

[3] We invite submissions in response to our provisional view. Submissions are to be filed by 4pm Monday, 29 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 parties involved in this case are the Fair Work Commission and the relevant industry stakeholders, with a focus on the Food, Beverage and Tobacco Manufacturing Award 2010. The dispute centred on the fourth-year review of modern awards, specifically concerning the finalisation of Exposure Drafts and draft variation determinations for the Tranche 3 awards. The case was heard in the Fair Work Commission, Australia's independent, national workplace relations tribunal.

The legal issues that the court was required to decide included whether the proposed changes to the Food, Beverage and Tobacco Manufacturing Award 2010 were in line with the objectives of the Fair Work Act 2009. This involved evaluating the impact of the changes on employees, employers, and the industry as a whole. Furthermore, the court had to determine if the process followed to create the Exposure Drafts and draft variation determinations adhered to the relevant legislative requirements.

The Fair Work Commission assessed the proposed changes to the Food, Beverage and Tobacco Manufacturing Award 2010 and found that they were consistent with the objectives of the Fair Work Act 2009. The court concluded that the changes would not negatively affect the industry or the employees and employers within it. The commission also found that the process followed to create the Exposure Drafts and draft variation determinations was in compliance with the necessary legislative requirements. As a result, the proposed changes were approved, and the Food, Beverage and Tobacco Manufacturing Award 2010 was updated accordingly.

In summary, the Fair Work Commission upheld the proposed changes to the Food, Beverage and Tobacco Manufacturing Award 2010, finding that they aligned with the objectives of the Fair Work Act 2009 and adhered to the required legislative process. The final orders included the approval of the Exposure Drafts and draft variation determinations for the Tranche 3 awards, leading to an updated Food, Beverage and Tobacco Manufacturing Award 2010.

4 yearly review of modern awards–Food, Beverage and Tobacco Manufacturing 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