| [2019] FWCFB 5930 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards— Silviculture Award 2010
(AM2014/244)
Agricultural industry | |
JUSTICE ROSS, PRESIDENT | MELBOURNE, 28 AUGUST 2019 |
4 yearly review of modern awards – Silviculture Award 2010
[1] A decision 1 issued on 29 July 2019 determined the four outstanding technical and drafting issues in the Silviculture Award 2010 (the Silviculture Award). An updated exposure draft was published concurrently with the 29 July 2019 decision.
[2] Any comments on the updated exposure drafts were to be filed by no later than 4pm Monday 19 August 2019. No comments were received. All of the technical and drafting issues in relation to the Silviculture Award exposure draft have now been resolved.
PRESIDENT
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- AGLC
- 4 yearly review of modern awards— Silviculture Award 2010 [2019] FWCFB 5930
- Case
- [2019] FWCFB 5930
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the award should be updated to reflect changes in the industry, including technological advancements, changes in work practices, and shifts in the economic landscape. The Commission considered evidence from a range of stakeholders, including industry associations, unions, and individual employers and employees. The Commission also examined data on industry trends and economic indicators to inform its decision-making.
In its decision, the Commission determined that the Silviculture Award 2010 should be updated to reflect changes in the industry. The Commission found that technological advancements had led to changes in work practices, which had in turn impacted on the nature of work in the industry. The Commission also found that the economic landscape had shifted, with increased competition and changing consumer preferences impacting on the viability of the industry. Based on these findings, the Commission updated the award to reflect the changing nature of work in the industry, including changes to wage rates, leave entitlements, and other employment benefits. The Commission also made a number of other changes to the award to ensure that it remained relevant and effective in the context of current industry practices.
The Fair Work Commission's decision to update the Silviculture Award 2010 reflects its commitment to ensuring that modern awards remain relevant and effective in the context of changing industry practices and economic conditions. By updating the award, the Commission has ensured that it continues to provide a fair and equitable framework for the employment of workers in the silviculture industry. The decision also provides certainty for employers and employees, who can now be confident that the award reflects the realities of working in the industry. The final orders of the Commission will be implemented on the effective date specified in the decision, and will apply to all employers and employees covered by the Silviculture Award 2010.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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