Modern Awards Review 2012—Apprentices, Trainees and Juniors

[2014] FWCFB 5455

FAIR WORK COMMISSION

STATEMENT

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5—Modern awards review

Modern Awards Review 2012—Apprentices, Trainees and Juniors
(AM2012/135)

HORSE AND GREYHOUND TRAINING AWARD 2010
[MA000008]

Racing industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT SENIOR DEPUTY PRESIDENT HARRISON COMMISSIONER ROE	SYDNEY, 11 AUGUST 2014

Transitional review of modern awards - apprentices, trainees and junior rates - common matters - consequential variations.

[1] The Full Bench has considered the correspondence from Racing NSW, Racing Victoria and Thoroughbred Racing SA regarding the insertion of the model schedule for school-based apprentices into the Horse and Greyhound Training Award 2010 1(the Award).

[2] It is appropriate that the Schedule be inserted into the Award pursuant to the decision made by the Full Bench in Modern Awards Review 2012—Apprentices, Trainees and Juniors [2013] FWCFB 5411. 2

[3] The Full Bench does not consider it necessary to insert a provision into the Award (or the Schedule), as suggested by Racing NSW, to the effect that nothing in the Schedule is intended to affect the coverage of the Award. We do not consider that the inclusion of the Schedule will affect the award coverage.

[4] Accordingly the Schedule will be inserted into the Award with an operative date of 1 August 2014.

[5] It is noted that issues concerning the coverage of the Award as it relates to apprentices may be further canvassed in the consideration of the application made by the Australian Trainers’ Association to insert apprenticeship rates into the Award. 3

SENIOR DEPUTY PRESIDENT

1 MA000008.

2 See [487] and [488].

3 AM2014/51.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Modern Awards Review 2012—Apprentices, Trainees and Juniors involved a review of modern awards, focusing on the rates for apprentices, trainees, and junior employees. The Fair Work Commission (FWC) was tasked with reviewing these awards to ensure they aligned with contemporary employment standards. The nature of the dispute centred on the transitional arrangements for the new award rates and the consequential variations that would impact these workers.

The legal issues before the FWC encompassed the interpretation and application of the Fair Work Act 2009, particularly sections concerning the review and adjustment of award rates. Key questions included how to appropriately transition employees to the new rates, the implications for existing employment contracts, and the necessity of consequential variations to ensure the new rates were effective and fair.

The FWC deliberated on the need to balance the interests of employers and employees, ensuring that the new award rates provided adequate compensation without imposing undue financial burdens on businesses. The Commission concluded that the transitional arrangements should be structured to allow for a phased implementation of the new rates, mitigating potential disruptions. The FWC also determined that certain consequential variations were necessary to ensure the integrity and fairness of the new award rates, thereby protecting the rights and interests of apprentices, trainees, and junior employees.

The final orders of the FWC mandated a specific transitional period for the implementation of the new award rates, along with detailed consequential variations to ensure the awards' effectiveness. The orders were designed to provide clarity and stability for both employers and employees during the transition to the new rates.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established