Australian Industrial Relations Commission (Full Bench)|2009-01-30

Award Modernisation - Statement - Full Bench [2009] AIRCFB 100 (30 January 2009)

Request from the Minister for Employment and Workplace Relations - 28 March 2008

[1] This statement deals with Stage 3 of the award modernisation process. It should be read in conjunction with earlier statements and decisions concerning award modernisation, particularly the statement of 3 September 2008[1] and the decision of 19 December 2008.[2]

[2] In its statement of 3 September 2008 the Commission published a list of industries and occupations to be dealt with in Stage 3. In light of developments since 3 September, the Stage 3 list has been amended, mainly to include industries or parts of industries not dealt with in earlier stages. The additions to the list are licensed and registered clubs, off-shore island resorts and the vehicle manufacturing industry. Commercial travellers have also been added to wholesale and retail trade (wholesale) and the asphalt and bitumen industry will be dealt with in conjunction with cement and concrete products. Uranium mining (provisional) which was to be part of Stage 3 has been dealt with in the priority stage and is covered by the Mining Industry Award 2010.[3] The revised list of industries and occupations is Attachment A.

[3] Lists of awards and Notional Agreements Preserving State Awards (NAPSAs) potentially relevant to each of the industries or occupations have been prepared by the Award Modernisation Team of the Registry. The lists identify enterprise awards and enterprise NAPSAs separately. All of the lists, including the lists of enterprise awards and NAPSAs, are tentative and open to revision. Furthermore the lists are indicative only and some awards may appear on more than one list. Interested parties will have the opportunity to put their views as to appropriate coverage in the modern awards system during the consultations. The awards lists are in Attachment B.

[4] Stage 3 is the biggest stage of the process, with 39 industries and occupations to be dealt with. In light of the number of industries and occupations and the experience with award modernisation to date we have decided to amend the Stage 3 timetable to provide more time for consultations. The Commission will sit for an additional week during both the pre-drafting consultations and the exposure draft consultations. A revised timetable which incorporates these changes is Attachment C. It should be noted that the timetable includes a detailed program for the pre-drafting consultations which indicates the date on which each industry and occupation will be dealt with.

Attachment A to the Full Bench Statement of 30 January 2009

Stage 3 revised list of industries and occupations

Cement and concrete products (including asphalt and bitumen industry)

Entertainment and broadcasting industry (other than Racing)

Food, beverages and tobacco industry (manufacturing)

Scientific services (including Professional Engineers and Scientists)

Wholesale and retail trade (wholesale) and commercial travellers

Attachment B to the Full Bench Statement of 30 January 2009

Aircraft Engineers (General Aviation) Superannuation Award 1988

Airline Operations - Clerical and Administrative Award 1999

Airline Operations (Transport Workers') Long Service Leave Award 1999

Pilots' (General Aviation) Superannuation Award 1988

Qantas/Australian Airlines Pilots Integration Award 1994

Transport and Storage Industry Sector - Minimum Wage Order - Victoria 1997

Airline Industry (East-West Airlines) Superannuation Award 1988

Airline Industry (Domestic Operators) Superannuation Award 1986

Airline Industry (Qantas Airways Limited and Qantas Flight Catering Limited) ALHMWU - Hours of Work - Award 2000

Airline Industry (Qantas Airways) Superannuation Award 1988

Airline Officers (Qantas Airways Limited) Award 2000

Airline Officers (Qantas Staff Credit Union) Award 2000

Airline Operations - AMWU Technical and Supervisory Staff - Qantas Airways Limited - Award 1999

Airline Operations - Australian Airlines Limited - Forepersons - Award 1999

Airline Operations - Flight Attendants' Long Haul - Qantas Airways Limited - Award 2000

Airline Operations - Licensed Aircraft Engineers - Qantas Airways Limited - Award 2005

Airline Operations - Professional Engineers - Qantas Airways Limited - Award 1999

Airline Operations - Qantas Flight Attendant Divisional Transfer Award 2004

Airline Operations - Salaried Staff (Ansett Australia) Award 1998

Airline Operations - Salaried Staff - Qantas Information Technology Limited - Award 2003

Airline Operations - Technical Salaried Staff - Qantas Airways Limited - Award 2005

Airline Operations (Qantas Airways Limited and National Union of Workers) Hours of Work Award 2000

Airline Operations (Qantas Airways Limited) Award 1999

Airline Operations (Qantas Airways Limited) Long Service Leave Award 1999

Airline Operations (Qantas Airways Limited) Shorter Hours Award 2005

Gate Gourmet Services - Transport Workers' - Award 2002

Flight Attendants (Ansett International) Award 2000

Flight Attendants' (Regional Airlines and Charter Operators) Award 1999

Flight Attendants' Association of Australia Australian Airlines Award 2002

International Air Transport Association (Airline Industry) Award 2000

Licenced Aircraft Engineers' (Ansett Australia Ltd) Award 1995

Liquor Industries - Aircraft In-flight and General Catering - Gate Gourmet Services Pty Ltd - Award 1999

Liquor Industries (Caterair Airport Services) Award 2000

National Jet Systems Pty Limited Airline Division Flight Attendants' Award 1999

Skywest Airlines Pty Ltd Aircraft Engineers' Award 2001

Skywest Airlines Pty Ltd Flight Attendants Award 1999

Transport Workers (Caterair Airport Services) Award 1999

Travel Industries Automated Systems Pty Limited (T.I.A.S.) Award 1998

United Airlines Maintenance Staff Interim Enterprise Award 1999

NAPSAs derived from state enterprise awards (preliminary classification)

NAPSAs derived from State enterprise awards (preliminary classification)

Manufacturing Industry Sector Minimum Wage Order - Victoria 1997

Alcoa Point Henry Smelter and Anglesea Power Station Award 2003

Alcoa World Alumina Australia (Western Australia) Award, 2003

Aluminium Industry - Kaal Australia Pty Ltd - Production, Maintenance and Services Award, 1998

Aluminium Industry - Worsley Alumina Pty Ltd - General - Award 2002

Aluminium Industry (Comalco Bell Bay Companies) Award 2003

Australian Workers' Union (G. James Extrusion Company) Award 2004, The

Bauxite Operations (Comalco Aluminium Limited - Weipa) Award 2002

Clerical and Administrative Employees (Tomago Aluminium Company Pty. Limited) Award 2002

Clerks' (Comalco Group of Companies) Consolidated Award 2003

Clerks' (Alcoa of Australia - Victorian Operations) Award 2003

Comalco Aluminium Limited Special Conditions of Employment Order 1996

Fluor Monadelphous Services Comalco Alumina Refinery Award 2005

Hydro Aluminium Kurri Kurri Pty Limited (Kurri Kurri Smelter) Award 1999

NAPSAs derived from state enterprise awards (preliminary classification)

Can Manufacturing (Production and Maintenance - Amalgamated Industries Pty. Ltd.) Award 1985

Worsley Alumina Pty Ltd Long Service Leave Conditions Award, 1984

NAPSAs derived from state enterprise awards (preliminary classification)

National Trust of Australia (NSW) Bush Regenerators Award, The

Australian Workers' Heritage Centre Enterprise Award - State 2005

Professional and Administrative - Queensland Performing Arts Centre Award - State 2003

Cement and concrete products (including asphalt and bitumen industry)

Asphalt and Bitumen Industry (NSW and ACT) Award 1999

Asphalt and Bitumen Industry (Queensland) Award 2000

Asphalt and Bitumen Industry (Southern States) Award, 1999

Australian Workers' Union Quarries and Concrete Batching Plants (A.C.T.) Award 1999

AWU Cementitious Products (Port Melbourne) Award 1999

AWU Concrete Products Building and Construction Industry (Victoria) Award 1999

Manufacturing Industry Sector Minimum Wage Order - Victoria 1997

Asphalt and Bitumen Industry (State) Consolidated Award

Cement Mixers and Concrete Workers, Central Batch Plants (State) Consolidated Award

Concrete Pipe and Concrete Products Factories Consolidated (State) Award

Brick Manufacturing Employees' Award - Sand-Lime Brick Manufacturing - Southern Division (Eastern District) 2003

Cement Products and Concrete Batching Award - State 2003

Boral Bricks (NSW) Pty Limited (Superannuation) Award 1988

Pioneer Road Services Pty. Ltd. Integration Stage 1 Award 1999

NAPSAs derived from state enterprise awards (preliminary classification)

Coastcrete Concrete Pumping Pty Ltd/CFMEU Enterprise Award Expiring 30 March 2008

Iplex Pipelines Australia Pty Limited (Hobas Plant) Enterprise (State) Award

Cement and Lime Employees' (Swan Portland Cement Limited) Award

Personal and Other Services Industry Sector - Minimum Wage Order - Victoria 1997

Cemetery and Crematoria Employees (State) Award 2005

Cemetery and Crematorium Employees' Award - State - 2005

Southern Regional Cemetery Trust Employees (Tasmania) Award 2003

NAPSAs derived from state enterprise awards (preliminary classification)

Ground Staff - Defence Force Contractors Award - Southern Division 2004

ADI Limited (Middle Management and Professional) Award 1998

Australian Liquor, Hospitality and Miscellaneous Workers Union (Defence Contracting) Award 2002

Nationwide/A.W.U. and L.H.M.U Australian Defence Forces Services Award 2001

NAPSAs derived from state enterprise awards (preliminary classification)

Educational services (other than Higher education)

A.C.T. Government Technical and Further Education Teachers' Salaries and Conditions Award 1999

Adult and Community Education Professional Administrative Clerical Computing and Technical (PACCT) Staff Award 1999

Australian Capital Territory Government School Teachers' Award 1999

Child Care Industry (Teachers) (Australian Capital Territory) Award 1999

Education Services Community Colleges (Western Australia) Award 1999

Education Services Industry Sector Order - Victoria 1998

Educational Services - Early Childhood Assistants - Victoria - Award 1999

Education Services Industry Sector Order - Victoria 1998

Independent Schools (Northern Territory) Award 2002

Independent Schools and Colleges (Domestic and Maintenance Staff) (ACT) Award 1999

Independent Schools' Support Staff (ACT) Award 1999

NSW Student Union Employees (Professional, Administrative, Clerical, Computing and Technical Staff) Award 1999

Principals (Catholic Diocesan Schools) (ACT) Award 1999

Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff (Institutes of Technical and Further Education) Victoria Award 1999

School Services Officers (State Government Schools), Victoria, Award 2000

School Support Staff (Catholic Archdiocesan Schools) (Australian Capital Territory) Award 1999

TAFE Teachers' Conditions of Employment (Victoria) Award 2002

Teachers (Adult Multicultural Education Services (Victoria)) Award 1994

Teachers (Adult Multicultural Education Services (Victoria)) Redundancy Award 1999

Teachers (Public Sector Technical and Further Education) Western Australia Award 2003

Teachers' (Victorian Government Schools) Conditions of Employment Award 2001

Victorian Catholic Schools and Catholic Education offices Award 1998

Victorian Independent Schools - Clerical/Administrative Employees - Award 2004

Victorian Independent Schools - Early Childhood Teachers - Award 2004

Victorian Independent Schools - School Assistants - Award 1998

Victorian Independent Schools - Teachers - Award 1998

Victorian Student Union Employees (Professional, Administrative, Clerical, Computing and Technical Staff) Award 1999

Advisers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2004

Advisers (Diocese of Maitland - Newcastle) (State) Award 2004

Boarding House Staff (Independent Schools) (State) Award 2004

Catholic Schools Long Service Leave Portability (State) Award

Community College Principals (New South Wales) Award

Maintenance and Outdoor Staff (Catholic Schools) (State) Award

Maintenance, Outdoor and Other Staff (Independent Schools) (State) Award 2004

Miscellaneous Workers' Independent Schools and Colleges, &c. (State) Award

Miscellaneous Workers' Kindergartens and Child Care Centres (State) Training Wage Award

Miscellaneous Workers Kindergartens and Child Care Centres Family Leave (Catholic Kindergartens, Child Care Centres and Others and Independent Schools) (State) Award

Miscellaneous Workers' Kindergartens and Child Care Centres, &c. (State) Award

Principals (Archidocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2006

Principals (Country and Regional Dioceses) (State) Award 2006

School Support Staff (Archdiocese of Sydney, Dioceses of Broken Bay and Parramatta) (State) Award 2001

School Support Staff (Catholic Independent Schools) (State) Award 2005

School Support Staff (Catholic Schools) (State) Training Wage Award 2001

School Support Staff (Country and Regional Dioceses) (State) Award 2005

School Support Staff (Independent Schools) (State) Award 2004

Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2006

Teachers (Catholic Early Childhood Service Centres and Pre-Schools) (State) Award 2006

Teachers (Catholic Independent Schools) (State) Award 2004

Teachers (Country and Regional Dioceses) (State) Award 2006

Teachers (Independent Schools Early Childhood Service Centres Other Than Pre-Schools) (State) Award 2005

Teachers (Non-Government Early Childhood Service Centres Other Than Pre-Schools) (State) Award 2006

Teachers (Non-Government Pre-Schools) (State) Award 2006

Teachers Non-Government (English Colleges) (State) Award 2003

Agricultural Colleges (Domestic and General Staff) Award - State 2003

Agricultural Colleges of Queensland (excluding Domestic and General Staff) Award - State 2004

Anglican Boarding Schools and Colleges Employees (Excluding South-East Queensland ) Award - State 2005

Boarding Schools, Residential Colleges and Other Non-Commercial Establishments Accommodation Award - South-Eastern Division 2003

Catholic Boarding School & Colleges Employees Award - South-Eastern Division

Catholic Boarding Schools and Colleges Employees (Excluding South-East Queensland ) Award - State 2005

Community Teachers, Assistant Teachers - Aboriginal & torres Strait Islander Community Schools Award - State 2003

Presbyterian Boarding Schools and Colleges Employees (Excluding South-East Queensland ) Award - State 2005

Principals' Award - Non-Governmental Schools - State 2002

Principals' Award - Catholic Schools Queensland 2002

Residential Colleges ( University of Queensland St. Lucia Campus) Award - 2002

School Officers' Award - Non-Governmental Schools 2003

School Services Officers (Government Schools) Award

Contract Cleaners' (Ministry of Education) Award, 1990

Country High School Hostels Authority Residential College Supervisory Staff Award 2005

Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No 5 of 1983

Independent Schools (Boarding House) Supervisory Staff Award

Independent Schools Administrative and Technical Officers Award 1993

School Employees (Independent Day & Boarding Schools) Award, 1980

State Research Stations, Agricultural Schools and College Workers Award 1971

Teachers (Public Sector Primary and Secondary Education) Award 1993

Teachers (Public Sector Technical and Further Education) Award 1993

Australian Maritime College (General Staff) Award 2002

Australian National Academy of Music Award 2004, The

Bernard O'Brien Institute of Microsurgery Employees' (Interim) Award 2004

Centralian College Lecturers and Educational Administrators (NT) Award 2001

Children's Services (Victoria) Post Secondary (TAFE) Interim Award 1999

Graduate Careers Council of Australia Ltd Award 2004

McAuley College Academic (Superannuation) Award 1988

Mental Health Research Institute of Victoria Employees (Interim) Award 2004

Monash University Student Union Incorporated Interim Award 1999

Northern Territory - Professional, Administrative, Computing and Technical Staff University Students Union - Award 2001

Northern Territory Public Sector Teachers and Assistant Teachers Award 2001

Royal Australian College of General Practitioners and General Practice Training Employees Award 2003

Teachers (Life Education SA Inc.) South Australia Award 1999

Vision Australia (Educational Services) Limited Award 1999

NAPSAs derived from state enterprise awards (preliminary classification)

Award Modernisation - Statement - Full Bench [2009] AIRCFB 100 (30 January 2009)

At a glance

Court

Decision date

Source

Judgment (726 paragraphs)

Award Modernisation - Statement - Full Bench [2009] AIRCFB 100 (30 January 2009)

Legislation Cited (1)