Family Friendly Work Arrangements

[2017] FWCFB 5138

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.156 – 4 yearly review of modern awards

Family Friendly Work Arrangements

(AM2015/2)

JUSTICE ROSS, PRESIDENT

DEPUTY PRESIDENT GOOLEY

COMMISSIONER SPENCER

MELBOURNE, 4 OCTOBER 2017

Four yearly review of modern awards–family friendly work arrangements–application for amendment to directions.

On 6 September 2017, the Australian Council of Trade Unions (ACTU) sought leave to file the expert report of Dr James Stanford (the expert report). On 15 September 2017, we issued a Statement[1] granting leave for the expert report to be filed. The Statement also amended previously issued directions to allow parties a further period to respond to the expert report, parties were also granted liberty to apply.

On 29 September 2017, we received correspondence from the Australian Industry Group (Ai Group) seeking the following amendments to the directions issued on 15 September 2017:

1. Any party opposing the ACTU’s claim shall file comprehensive written submissions and any witness statements or documentary material on which the party seeks to rely by 4.00 pm on ~~Friday 6~~ Monday 30 October 2017.

2. Any party wishing to file additional written submissions, witness statements or documentary material in response to the Stanford report shall do so by 4pm on Friday 20 October 2017.

3. The ACTU and any other interested party supporting the ACTU’s claim shall file any reply evidence written submissions and evidence in reply (sic) by 4.00 pm on ~~Friday 3~~ Monday 20 November 2017.

4. The matter will be listed for a directions hearing on ~~Wednesday 8~~ during the week commencing 27 November 2017 for the purpose of scheduling the evidence. At that hearing, all parties intending to participate in the hearing must be in a position to inform the Commission of the witnesses required for cross-examination, and an estimate of the length of time required for cross-examination.

5. The matter will be listed for hearing on 12-14 December 2017 and 18-22 December 2017, inclusive.

6. Liberty to apply.

Ai Group sought the above amendments on the basis that the expert report includes a large volume of material not otherwise traversed in the ACTU case. Ai Group’s position is that this report has resulted in a reconsideration of its approach to responding to the ACTU’s case and, in addition, that this is not something that can be done in a discrete supplementary submission as envisaged in the directions issued on 15 September 2017. Ai Group also note that it has a significant interest in the Family and Domestic Violence Leave matter which is due to be heard in October.

On 2 October 2017, we received correspondence from the ACTU supporting the Ai Group’s request for revised directions.

Having regard to the reasons advanced by Ai Group and the ACTU’s consent to the amendment, we propose to grant the amendment to the directions as requested. Amended Directions are set out at Attachment A. We note that the amended directions do not affect the listed dates for the hearing of this matter.

PRESIDENT

Attachment A

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

4 yearly review of modern awards –Family friendly work arrangements
(AM2015/2)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT GOOLEY
COMMISSIONER SPENCER

MELBOURNE, 4 OCTOBER 2017

The directions issued on 15 September 2017 are vacated and the following directions are made:

1. Any party opposing the ACTU’s claim shall file comprehensive written submissions and any witness statements or documentary material on which the party seeks to rely by 4.00 pm on Monday 30 October 2017.

2. The ACTU and any other interested party supporting the ACTU’s claim shall file any written submissions and evidence in reply by 4.00 pm on Monday 20 November 2017.

3. The matter will be listed for a directions hearing during the week of 27 November 2017 for the purpose of scheduling the evidence. At that hearing, all parties intending to participate in the hearing must be in a position to inform the Commission of the witnesses required for cross-examination, and an estimate of the length of time required for cross-examination.

4. The matter will be listed for hearing on 12-14 December 2017 and 18-22 December 2017, inclusive.

5. Liberty to apply.

PRESIDENT

[1] [2017] FWCFB 4729

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, an organisation representing employers, sought to amend previously issued directions concerning family friendly work arrangements. The application was in response to a recent four-yearly review of modern awards, which had resulted in changes to the relevant award. The Commission was required to determine whether the new directions were necessary and appropriate in light of the updated award provisions.

The legal issues before the Commission involved interpreting the new award provisions and assessing whether the proposed directions were necessary to give effect to those provisions. The applicant argued that the existing directions did not align with the updated award and needed to be revised to ensure compliance. The Commission had to consider the implications of the award changes and determine if the proposed directions would correctly implement those changes.

The Commission found that the new award provisions necessitated a revision of the existing directions to accurately reflect the updated award. The proposed directions were deemed necessary and appropriate to ensure that employers and employees could comply with the award's family-friendly work arrangements. The Commission accepted the application and issued amended directions to align with the revised award provisions.

The final orders included the approval of the amended directions, which were to take effect from a specified date. The new directions were designed to provide clarity and ensure compliance with the updated award provisions, thereby facilitating the implementation of family-friendly work arrangements as intended by the award.

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