Australian Industrial Relations Commission (Full Bench)|2009-06-29

Award Modernisation - Statement - Full Bench [2009] AIRCFB 641 (29 June 2009)

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

[1] This statement deals with Stage 4 of the award modernisation process. The Commission published a list of industries and occupations to be dealt with in Stage 4 on 3�September 2008.[1] We now publish an enlarged Stage 4 list and indicative lists of awards and Notional Agreements Preserving State Awards (NAPSAs) for each industry/occupation. The list of industries and occupations is Attachment A and the awards list are Attachment B.

[2] Given the demands of the award modernisation timetable we have decided to extend the deadline for filing pre-drafting material from 10�July 2009 to 24�July 2009. The closing date for lodging written submissions, drafts of modern awards and other proposals concerning the scope, content and transitional arrangements for Stage 4 modern awards will be 24�July 2009. The published timetable will be amended accordingly.

[3] The list of Stage 4 industries and occupations now includes a number not on the initial list but which have subsequently been identified as requiring attention or further consideration in Stage 4. Some general descriptions on the initial list have been broken down into their component sectors. The initial list referred to "Health and welfare services (residual)." The relevant sectors are now identified as ambulance services, children's services, fitness, lifestyle and leisure services, social and community services and supported employment services. In the same way, while the initial list included "Industries not otherwise assigned," awards in that category have been broken down into designated industry sectors. The initial list also included "Northern Territory (remainder)." As it appears that all Northern Territory awards but one have been accounted for, that designation has been deleted.

[4] We draw attention to the fact that the Stage 4 list includes some industries and occupations in relation to which the question of award coverage remains to be determined. To take an example, while labour hire services now appears on the list, whether an award should be made to cover that area and if so the terms the award should contain are matters for decision. Generally the options include a separate modern award for the area in question, no award, coverage under the general award or an alteration to the coverage of an existing modern award.

[5] A number of other matters on the list should be mentioned. Indigenous organisations and services are listed separately to provide a focus for the matters currently being dealt with by Commissioner Raffaelli and which will need to be determined by this Bench. We have also included the national training wage on the list. A national training wage draft schedule was included with our 3 April 2009 decision.[2] In that decision we indicated that we would deal further with the national training wage schedule in Stage 4. We also said "parties making submissions on the national training wage draft schedule in Stage 4 should detail the specific amendments they consider need to be made and the reasons for such amendments." Parties should bear that in mind in preparing their material on the national training wage draft schedule.

[6] We publish a separate list of miscellaneous awards and NAPSAs: Attachment C. We are advised that the awards and NAPSAs on the list are not enterprise and do not appear to be within any of the industries or occupations dealt with in any of the stages. Any proposals for modern award coverage for those areas will be dealt with in Stage 4. Any other proposals based on an alleged gap in modern award coverage will also be dealt with in Stage 4.

Attachment A to the Full Bench Statement of 29 June 2009

Stage 4 Revised list of industries and occupations

Attachment B to the Full Bench Statement of 29 June 2009

Agriculture, Forestry and Fishing Industry Sector Minimum Wage Order - Victoria - 1997

NAPSAs derived from state enterprise awards (preliminary classification)

Christmas Island Resort and Christmas Island Laundry Redundancy Award 1998

UCIW Christmas Island Building and Construction Award 2004

Christmas Island Bus and Refuse Services Award 2002

Christmas Island Westpac Banking Corporation Award 2002

Medical Officers (Indian Ocean Territories Health Service) Award 2002

Phosphate Resources Ltd t/a Christmas Island Phosphates and Union of Christmas Island Workers Mining Award 2003

NAPSAs derived from state enterprise awards (preliminary classification)

Local Government Employees and Officers' Cocos (Keeling) Islands Award 2001

NAPSAs derived from state enterprise awards (preliminary classification)

Professional Divers' - Maritime Union of Australia Award 2002

NAPSAs derived from State enterprise awards (preliminary classification)

Laundries, Dry Cleaning and Laundromats (Northern Territory) Award 2002

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

Dry Cleaning and Dyeing Industry Award - Southern and Central Divisions 2004

Dry Cleaning and Dyeing Industry Award - State (Excluding South-East Queensland ) 2002

Laundry Workers Award - State (Excluding Brisbane ) - 2003

NAPSAs derived from State enterprise awards (preliminary classification)

Educational Services - Early Childhood Assistants - Victoria - Award 1999

Teachers (Non-Government Early Childhood Service Centres Other Than Pre-Schools) (State) Award 2002

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

NAPSAs derived from state enterprise awards (preliminary classification)

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

Victorian Firefighting Industry Employees Interim Award 2000

Country Fire Authority Administrative and Support Services Award 2000, The

Fire and Rescue Service Employees (Northern Territory) Award 2001

Firefighting Industries Employees (ACT Fire Brigade) Award 2000

Firefighting Industry Employees (South Australian Metropolitan Fire Service) Award 2002

Metropolitan Fire and Emergency Services Board Administrative Officers, Professional Engineers and Support Staff Award 2000

Metropolitan Fire and Emergency Services Board, Commanders Interim Award 2002

Skilled Equipment Manufacturing Pty Ltd, Ballarat Enterprise Award 1999

NAPSAs derived from state enterprise awards (preliminary classification)

Queensland Fire and Rescue Service Communications Centres Award - State 2003

Queensland Fire and Rescue Service Interim Award - State 2003

NAPSAs derived from state enterprise awards (preliminary classification) - continued

South Australian Metropolitan Fire Service - Firefighting & Ancillary Employees Award

Miscellaneous Workers (Northern Territory) Award 2001

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

Funeral Directors' Assistants' Award No. 18 of 1962

NAPSAs derived from state enterprise awards (preliminary classification)

Cultural and Recreational Services Industry Sector Minimum Wage Order - Victoria - 1997

Gardening, Nurseries and Greenkeeping (Northern Territory) Award 1998

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

Zoological Board of Victoria (and Others) Keepers and Groundstaff (Interim) Award 2003

Tourism Industry - Zoological Gardens Award - South-Eastern Division 2004

NAPSAs derived from state enterprise awards (preliminary classification)

See consolidated Award Modernisation Request clauses 4A and 8A

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

Australian Workers' Union - Grain Elevators Board Victoria Award 1999

Australian Workers' Union - GrainCorp Operations Ltd. (Bulk Handling) Award 1999, The

GrainCorp Operations Limited (Head Office) Award 1998

Graincorp Operations Ltd (Newcastle Terminal) Award 1999

GrainCorp Operations Ltd (Port Kembla Terminal) Award 1999

Vicgrain Limited Administrative, Technical and Maintenance Employees Award 1998

NAPSAs derived from state enterprise awards (preliminary classification)

Grain Handling Salaried Officers' Consolidated Award 1989

Health and welfare services (remainder) - Ambulance services

Ambulance Services and Patient Transport Employees Award, Victoria 2002

Health and Community Services Industry Sector - Minimum Wage Order - Victoria 1997

Health, Community Services and Ambulance - Management and Administrative Staff (Public Sector - Victoria) Award 2005

St. John Ambulance Australia (Northern Territory) Award 2005

Transport Workers (ACT Ambulance Officers) Award 2001

NAPSAs derived from state enterprise awards (preliminary classification)

Ambulance Service Communication Centre Employees' Award 1991

Health and welfare services (remainder) - Children's services

Children's Services (Northern Territory) Award 2005

Children's Services (Australian Capital Territory) Award 2005

Health and Community Services Industry Sector - Minimum Wage Order - Victoria 1997

Family Day Care (Australian Capital Territory) Award 1999

Child Care (Out of School Care - Playleaders) WA Award 2003

Family Day Care Coordinators and Assistants' Award 2003

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

Child Care (Out of School Care - Playleaders) Award

Family Day Care Co-ordinators' and Assistants' Award, 1985

Health and welfare services (remainder) - Children's services

NAPSAs derived from state enterprise awards (preliminary classification)

SDN Children's Services Inc. Early Childhood Long Day Care Centres (State) Award

Health and welfare services (remainder) - Fitness, lifestyle and leisure services

Fitness Recreation and Leisure Facilities - Local Government Contractors Award 2004

Health and Fitness Centres, Swim Schools and Indoor Sports Award - State 2005

NAPSAs derived from state enterprise awards (preliminary classification)

Health and welfare services (remainder) - Social and community services

Community Employment, Training and Support Services Award 1999

Community Services (Home Care Service of New South Wales) Care Workers Award 2002

Crisis Assistance Supported Housing (Queensland) Award 1999

Crisis Assistance, Supported Housing (South Australia) Award 2000

Crisis Assistance, Supported Housing Industry - Western Australian Award 2002

Disability Services (Northern Territory) Award 2002

Health and Community Services Industry Sector - Minimum Wage Order - Victoria 1997

Health Services Union of Australia (Health Professional Services - Private Sector Victoria) Award 2004

Health Workers Community and Child Health Services Award 2000

Residential and Support Services (Victoria) Award 1999

Social and Community Services Industry - Community Services Workers - Northern Territory Award 2002

Social and Community Services - Victoria - Award 2000

Social and Community Services - Western Australia Award 2002

Social and Community Services (Queensland) Award 2001

Health and welfare services (remainder) - Social and community services

Charitable Institutions (Professional Paramedical Staff) (State) Award

Charitable Institutions (Professional Staff Social Workers (State) Award

Charitable Institutions Catholic Personal/Carer's Leave (State) Award

Charitable Sector, Aged and Disability Care Services (State) Award 2003

Charitable, Aged and Disability Care Services (State) Award

Miscellaneous Workers Home Care Industry (State) Award

Private Hospitals, Aged Care and Disability Services Industry (Training) (State) Award

Social and Community Services Catholic Personal/Carer's Leave (State) Award

Social and Community Services Employees (State) Award

The Private Hospitals and Aged and Disability Care Services Industry Redundancy (State) Award

Community and Health Services (Public Sector) Award

Health and welfare services (remainder) - Social and community services

Community Access Services of South Australia Inc. Award 2000

Community Accommodation and Respite Agency Award 2000

Community Services, Health and Education Industry Training Council Award 2000

Forster Foundation for Drug Rehabilitation Award 2003

Health Employees (Northern Territory Public Sector) Miscellaneous Workers Union Award 2001

Health Services Union of Australia (Alzheimer's Association Vic) Award 2005

Richmond Fellowship of Western Australia Incorporated Award 2002, The

Victorian Health and Community Services (Psychiatric, Disability and Alcohol and Drug Services) Award 2003

NAPSAs derived from state enterprise awards (preliminary classification)

Armidale Women's Shelter (Remuneration for On-Call) Award 1996

Royal Rehabilitation Service - Weemala Unit Residential Care Staff (State) Award

The Richmond Fellowship of New South Wales (State) Award 1999

The Spastic Centre of New South Wales (Allied Professional Staff) (State) Award 2004

The Spastic Centre of New South Wales Enterprise (State) Award

Award for Employees in Direct Client Services - Disability Services Queensland 2003

Health and welfare services (remainder) - Social and community services

NAPSAs derived from state enterprise awards (preliminary classification)- continued

Cootharinga Society of North Queensland ( Enterprise ) Award 2003

Lifeline Community Care Queensland Enterprise Award - State 2005

Queensland Aids Council Incorporated Enterprise Award - State 2003

Queensland Meals on Wheels Services Award - State 2003

Youth Workers Employed By The Department of Families Award - State 2003

Department for Community Development (Family Resource Workers, Welfare Assistants and Parent Helpers) Award 1990

Health Workers - Community and Child Health Services Award, 1980

Hospital Salaried Officers (Cerebral Palsy) Award 1978

Hospital Salaried Officers (Good Samaritan Industries) Award 1990

Institution Officers Allowances and Conditions Award 1977, No. 3 of 1977

Social Trainers and Assistant Supervisors' (Activ Foundation) Award

Training Assistants' and Community Support Staff (Cerebral Palsy Association) Award 1987

Health and welfare services (remainder) - Supported employment services

Disability Services (Northern Territory) Award 2002

Disability Services Award (Victoria) 1999 (Parts 2 and 4)

Liquor, Hospitality and Miscellaneous Union Supported Employment Services Award 2005

NAPSAs derived from state enterprise awards (preliminary classification)

The Cooma Challenge Limited Business Services (State) Award

Aboriginal and Community Controlled Health Services (Community Health Nursing Staff) Award 2002

Aboriginal Communities' - Community Development Employment Projects (South Australia) Award 1998

Aboriginal Communities and Organisations (Western Australia) Award 2001

Aboriginal Community Controlled Health Services (Northern Territory) Award 2002

Aboriginal Organisations Health and Related Services (Northern Territory) Award 2002

Community and Public Sector Union (Central and Northern Land Councils) Award 2001

Health Services Union of Australia (Aboriginal and Torres Strait Islander Health Services) Award 2002

Indigenous Media Organisations (Minimum Rates) Award 2001

Pitjantjatjara Council Inc. and Associated Organisations Award 2000

Remote Communities Local Government (Northern Territory) Award 2002

Medical Officers (Aboriginal Medical Services) Interim Award 2001

Municipal Officers' (Aboriginal and Islander Community Councils) Award 2004

Aboriginal and Torres Strait Islander Health Services Officers Interim Award - State 2003

Indigenous Australian Community Housing Award - State 2005

Community Police (Aboriginal and Island Communities and Local Governments) Award - State 2003

Torres Strait Islander Communities - Community Development Employment Projects (Torres Strait) Award - State 2004

Nurses' (Aboriginal Medical Services) Award No. A 23 of 1987

Aboriginal Community Controlled Health Services (Northern Territory) Award 2002

Aboriginal Legal Rights Movement Inc. (SA) Award, 1999

Aboriginal Legal Service of Western Australia (Inc.) Award 2002

Batchelor Institute of Indigenous Tertiary Education (General Staff) Conditions of Service Award 2003

Batchelor Institute of Indigenous Tertiary Education Academic Staff Award 2003

Central Australian Aboriginal Congress (Northern Territory) Award 2003

Julalikari Corporation (Northern Territory) Award 2002

Northern Territory Aboriginal Legal Aid Services Award 2001

NAPSAs derived from state enterprise awards (preliminary classification)

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

Industries not otherwise assigned - Accountancy practices

NAPSAs derived from state enterprise awards (preliminary classification)

Industries not otherwise assigned - Animal care and veterinary services

Miscellaneous Workers (Northern Territory) Award 2001

Veterinary Assistants and Animal Attendants (Victoria) Interim Award 2000

Zoological Board of Victoria (and Others) Keepers and Groundstaff (Interim) Award 2003

Tourism Industry - Zoological Gardens Award - South-Eastern Division 2004

NAPSAs derived from state enterprise awards (preliminary classification)

Royal Society for The Prevention of Cruelty to Animals (SA) Award

Industries not otherwise assigned - Building services

Miscellaneous Workers (Northern Territory) Award 2001

Pest Control Industry (Northern Territory) Award 2002

Property and Business Services Industry Sector Minimum Wage Order - Victoria - 1997

Miscellaneous Workers' General Services (State) Award

Award Modernisation - Statement - Full Bench [2009] AIRCFB 641 (29 June 2009)

At a glance

Court

Decision date

Source

Judgment (322 paragraphs)

Award Modernisation - Statement - Full Bench [2009] AIRCFB 641 (29 June 2009)

Legislation Cited (1)