Award Modernisation Stage 4 Pre-drafting consultation
24 July, 2009 | Submission
The ACTU makes the following submissions with respect to a number of specific matters in relation to Stage 4 of award modernisation.
The ACTU has consulted affiliates in relation to all of these matters and expects that affiliates will provide additional material to support these submissions.
Outstanding Issues of Scope
The ACTU makes the following submissions with respect to outstanding scope issues. These submissions are not restricted to stage 4 industries.
The ACTU understands that affiliates will make submissions to the Commission with respect to matters relating to the scope of existing modern awards. These submissions arise as a result of the
Commission’s Statement of 29 June 2009:
We publish a separate list of miscellaneous awards and NAPSAs. 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.
Amendments to the scope provisions will be sought by affiliates in accordance with the process outlined in the 26 June 2009 Statement.
Iron and Steel Industry
The ACTU has previously submitted that the Iron and Steel Industry should be subject to a modern award and requested that the industry be listed for consideration in stage 4. The ACTU continues to urge the Commission to establish a fair minimum safety net for this industry prior to the completion of award modernisation.
The ACTU submits that the creation of a modern award for the Iron and Steel Industry is consistent with the requirements of the Request. The aim of award modernisation is to create a comprehensive set of modern
awards that (among other things) provides a fair minimum safety net and promotes collective enterprise bargaining.
The creation of modern awards is not intended to exempt or have the effect of exempting employees who are not high income employees, from modern award coverage or application, unless there is a history of exempting employees from coverage across a wide range of pre-reform awards and NAPSAs in the relevant industry or occupation.
The Request specifically states that the Commission is not precluded from making an award for an industry in which enterprise awards operate.
The Iron and Steel Industry has historically been covered by awards and, in our submission, should remain so. Whilst this has traditionally been through enterprise awards, this is not grounds for not making a
modern award. The establishment of a safety net will provide an appropriate standard against which agreements can be measured to ensure they satisfy the requirements of the proposed Fair Work Act
2009.
In our submission the Commission should make a separate modern award to cover the Iron and Steel Industry.
Audit of Modern Award Coverage
The ACTU has previously submitted that prior to the end of award modernisation the Commission should conduct an audit to ensure that issues of scope and gaps in coverage can be identified and resolved.
The ACTU notes that the Commission has acknowledged the necessity of conducting such a ‘review’.6
modern award coverage, which provides interested parties with an opportunity to identify any outstanding issues and make relevant submissions, should be undertaken following the publication of stage 4
awards.
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