Victorian Local Government Award 2015

[2021] FWCFB 6054

[2021] FWCFB 6054

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Victorian Local Government Award 2015

(AM2021/69)

Local government industry

DEPUTY President CLANCY

COMMISSIONER BISSETT

COMMISSIONER O’NEILL

MELBOURNE, 24 NOVEMBER 2021

Application to vary the Victorian Local Government Award 2015 (state-reference public sector award).

1. On 16 June 2021, Australian Services Union Victorian and Tasmanian Authorities and Services Branch (the ASU) made an application to vary the Victorian Local Government Award 2015 (the VLG Award). The variations proposed sought to replicate variations which have already been made to the Local Government Industry Award 2020 during the 4 yearly review.

1. Apart from opposition from 79 Victorian councils and library corporations[1] (the councils) to the insertion of a 2-hour minimum engagement period for casual employees, all other variations were not opposed. A previous Full Bench therefore decided to vary the VLG Award in the same terms as in the draft determination, excluding the contested minimum engagement period for casual employees. A determination[2] varying the VLG Award was issued with a Decision[3] of the Full Bench dated 23 August 2021 and commenced operation from that date.

1. Following the constituting of this Full Bench, we issued a statement on 31 August 2021 outlining the background to the application and some initial staps taken in response to it. A mention before Deputy President Clancy was held on 27 August 2021 to program the hearing of the contested issue of a minimum engagement for casual employees. The ASU attended, together with a representative for the councils. The transcript of the mention is available here. Adopting a suggestion of the parties, a period of time was made available to them so that the councils could firstly discuss the issues amongst themselves and then discussions between them and the ASU could follow.

1. A conference before Deputy President Clancy took place on 29 October 2021. The transcript of the conference is available here. The parties provided an update in relation to their discussions and advised that they had agreed that the following roles ought be excluded from the requirement for a 2-hour minimum engagement period for casual employees, having instead a 1-hour minimum engagement:

a)Swimming instructors;

b)Fitness instructors;

c)Personal trainers; and

d)School crossing supervisors.

1. The parties also indicated that they have had some discussions regarding adopting the square meterage rule for minimum payments for cleaners (as per the Cleaning Services Award 2020) which have not finalised, and advised there are 10 areas in respect of which agreement has not been reached to date:

a)Home carers;

b)Arts & Culture (arts programs, exhibitions, museums, art galleries, events, entertainment and theatres);

c)Livestock and saleyards;

d)Library shelvers/stackers;

e)Pound attendants;

f)Community drivers;

g)Childcare workers in playhouses;

h)Occasional childcare workers in leisure and aquatic centres;

1. Youth workers in social, community and disability services; and

j)Visitor information centres.

Directions

1. The parties indicated they have discussed how the application might be further progressed and propose submitting a joint report to the Full Bench by the end of 2021, after which the ASU would file submissions, witness statements and any documentary evidence upon which it relies by 19 February 2022. Having regard to this suggestion, we direct as follows:

1. The ASU and the councils are to submit a joint report in word format both confirming the areas in which agreement has been reached and outlining where disagreement remains, by no later than 3.00pm (AEST) on Friday 10 December 2021.

1. The ASU is to file submissions, witness statements and any documentary evidence upon which it relies by 3.00pm (AEST) on Friday 18 February 2022.

1. The councils are to file submissions, witness statements and any documentary evidence upon which they rely by 3.00pm (AEST) on Friday 25 March 2022.

1. The application is listed for hearing before the Full Bench at 10.00am (AEST) on 11, 12 and 13 April 2022.

1. All submissions and witness statements are to be submitted to [e-mail] and are to be filed in both word and PDF formats.

DEPUTY PRESIDENT

[1] Schedule of parties

[2] MA000132, PR 732911

[3] [2021] FWCFB 5088

Printed by authority of the Commonwealth Government Printer

<MA000132  PR736122>