Review of modern awards - Clerks-Private Sector Award 2010 - [2012] FWA 9968

[2012] FWA 9968

FAIR WORK AUSTRALIA

SUPPLEMENTARY DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Motor Traders' Association of New South Wales and others
(AM2012/52 and others)

Clerical industry
SENIOR DEPUTY PRESIDENT KAUFMAN	PERTH, 23 NOVEMBER 2012

Review of modern awards - Clerks-Private Sector Award 2010.

[1] In the decision I issued on 15 November 2012 1, I indicated that I proposed to vary clauses 28.1(a) and (b) of the Clerks-Private Sector Award 20102(the Award). I invited submissions in relation to this variation, in case the terms I proposed had unintended consequences.

[2] I received submissions from the Australian Services Union, the Australian Federation of Employers and Industries and the Australian Industry Group, none of which submitted that my proposed variation would result in unintended consequences.

[3] Given that no unintended consequences have been identified, I am satisfied that varying the Award in this manner is an appropriate measure to address the issues identified in my previous decision 3.

[4] I will issue a determination concurrently with this decision to effect such a variation.

SENIOR DEPUTY PRESIDENT

Final written submissions:

2012

21 November.

1 [2012] FWA 9731.

2 MA000002.

3 [2012] FWA 9731.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The decision before the Fair Work Australia was a review of the Clerks-Private Sector Award 2010. The case was brought by the Motor Traders' Association of New South Wales and others. The matter concerned the proposed variation of clauses 28.1(a) and (b) of the Award. Senior Deputy President Kaufman was responsible for the decision.

The legal issues before the court were whether the proposed variations to the Award would result in any unintended consequences. The court received submissions from the Australian Services Union, the Australian Federation of Employers and Industries, and the Australian Industry Group. None of these submissions indicated that the proposed variation would result in any unintended consequences.

The court was satisfied that varying the Award in the proposed manner was an appropriate measure to address the issues identified in the previous decision. The court was not presented with any evidence to suggest that the proposed variation would result in any unintended consequences. Therefore, the court concluded that varying the Award was appropriate.

The court issued a determination to effect the variation of clauses 28.1(a) and (b) of the Clerks-Private Sector Award 2010. The determination was issued concurrently with the decision and provided the details of the variation.

Review of modern awards - Clerks-Private Sector Award 2010

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established