Vehicle Manufacturing, Repair, Services and Retail Award 2010

[2017] FWCFB 3438

[2017] FWCFB 3438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.156 - 4 yearly review of modern awards

Vehicle Manufacturing, Repair, Services and Retail Award 2010

(AM2014/93)

Vice President Hatcher
COMMISSIONER CRIBB
COMMISSIONER BISSETT

SYDNEY, 28 JUNE 2017

4 yearly review of modern awards – Vehicle Manufacturing, Repair, Services and Retail Award 2010 – casual console operators.

1. In the decision issued on 16 August 2016 concerning the 4-yearly review of the Vehicle Manufacturing, Repair, Services and Retail Award 2010[1], the Full Bench raised the issue of a lack of alignment in the relativities between the full time rates for driveway attendants, roadhouse attendants and console operators and the casual rates for these classifications.  Specifically, the Full Bench observed that:

“[75] In the VMRSR Award currently, the full-time weekly rate for Level R2 is 2.88% higher than that for Level R1, and Level R4 is 10.5% higher than Level 1. However these relativities are not reflected in the casual rates for driveway attendants, roadhouse attendants and console operators. The relativities are as follows (for casual roadhouse attendants and casual console operators as compared to casual driveway attendants):

M-F rate	Weekend/ PH rate	Overtime rate
Casual roadhouse attendant (Lvl R2)	2.92%	2.93%	2.77%
Casual console operator (Lvl R4)	9.99%	9.60%	11.92%”

1. The parties were provided with an opportunity to consider their positions in relation to this issue and to provide further submissions.  Further discussions were held by those parties participating in the 4-year review proceedings and agreement has been reached in relation to the casual console operator rates.  The parties have agreed that, in relation to the classification of casual console operator, the rates should be adjusted in line with the relativities identified in above passage in the Full Bench decision. They have identified what the new rates for the classification should be in accordance with those relativities.

1. We are satisfied that the variation proposed by the parties should be adopted. In accordance with ss.156(3) and (4), we are satisfied that the variation is justified by work value reasons. The adjustment of the casual rates for Level R4 brings its relativity to Level R1 into alignment with the relativities for the full-time rates for those classifications. The adjustment is appropriate because the full-time rates for each classification can be presumed to properly reflect the nature of the work, the level of skill and responsibility required, and the conditions under which the work is done.

1. The variation will take effect on 1 July 2017, as the same time that the increase to rates arising from the 2017 Annual Wage review also takes effect. A determination giving effect to our decision will be separately issued.

1. The position of the Level 2 rates for casual roadhouse attendants remains to be resolved. In that context it will be necessary for consideration to be given as to whether the casual classification retains any utility.

VICE PRESIDENT

[1] [2016] FWCFB 4418 

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