27 April 2010 4:40Pm

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FWA sets equal pay timetable; WA gets new IR minister as Buswell axed; and more

27 April 2010 4:40pm

FWA sets equal pay timetable

WA gets new IR minister as Buswell axed

FWA starts winding down old awards

Junior rates for trolley collectors

McDonald's considers appeal

FWA sets equal pay timetable

Fair Work Australia has rejected unions' proposed "two stream" approach to the landmark SACS equal pay case.

The ASU and other unions behind the application argued FWA should deal separately with the general principles guiding equal remuneration matters and the specifics of the SACS equal pay order (see Related Article).

But the full bench dealing with the matter said it was not convinced the approach would be more efficient or that matters of general principle could be dealt with separately from the factual context of the case.

"There may be significant issues relating to the operation of the provisions which should only be dealt with in light of the totality of the material and the parties’ final submissions," it said.

The full bench relisted the matter for a further mention on August 13, with any party seeking to persist with the two-stream approach to make supporting submissions at that hearing.

It directed the unions to file their outline of contentions and evidence by June 3 and for the governments, employers and other parties to lodge their material in reply by August 6.

The full bench reserved four weeks over September and October to hear evidence and conduct inspections.

Equal Remuneration Case [2010] FWAFB 3339 (27 April 2010)

WA gets new IR minister as Buswell axed

Western Australia's Treasurer and IR Minister Troy Buswell has resigned over revelations he used public funds to facilitate his affair with a Greens MP.

Buswell quit his mega portfolio of Treasurer and Minister for Commerce; Science and Innovation; and Housing and Works after Premier Colin Barnett this morning told him his position was untenable.

Barnett said it was Buswell's use of government entitlements that was "unacceptable", rather than his relationship with Greens MP Adele Carles.

First term MP and former public servant Bill Marmion has taken up the Commerce portfolio, which

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incorporates IR.

FWA starts winding down old awards

Fair Work Australia has set in train the process for terminating redundant old-system state and federal awards.

The tribunal's President, Justice Geoffrey Giudice, in a statement on Friday said a large number of "award-based transitional instruments" - awards, state reference transitional awards and NAPSAs – and related APCSs have been earmarked for termination.

Justice Giudice also released a statement dealing with the fate of Division 2B state awards (see Related Article).

Item 3, Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act requires FWA to terminate award-based transitional instruments replaced by a modern award "as soon as practicable".

The tribunal will publish a list of instruments it proposes to terminate on its website by April 30. Parties opposing the termination of an instrument must send a submission to FWA setting out their objection by June 30.

Where a submission opposing termination has been made, FWA will hold a hearing to determine the matter. All other instruments will be terminated as soon as practicable after June 30.

Division 2B State awards under the Act's Schedule 3A terminate at the end of this year, 12 months after the January 1 referral of state powers that brought them into the national system.

However, FWA has the power to vary a modern award to allow a Division 2B state award to continue to operate, or to continue its effect in relation to long-service leave.

The tribunal has set a June 30 deadline for parties to apply to have FWA exercise its powers on either of those matters.

Award Modernisation – Termination of Modernisable Instruments [2010] FWA 3104 (23 April 2010)

Award Modernisation – Division 2B State Awards [2010] FWA 3102 (23 April 2010)

Employer wins junior rates for trolley collectors

Fair Work Australia has varied the cleaning industry modern award to include junior rates for trolley collection employees.

Intergrated Trolley Management argued businesses in the sector would become uncompetitive, resulting in job losses, unless junior rates were inserted into the award.

Vice President Graeme Watson acknowledged cleaning contractors were the main employer group involved in the formulation of the Cleaning Services Award and that trolley collection contractors had had little involvement.

As a result, FWA in making the award did not take into account "important matters" including the widespread use of juniors in the industry, the widespread existence of junior rates (in all states except South Australia) and the immediate cost impact on employers of moving to the new award.

"In my view, had these matters been considered, efforts would have been made to minimise the cost impact of the changes brought about by the making of the award," he said.

Vice President Watson made orders inserting provisions in the cleaning award providing for junior rates for trolley collectors based on the General Retail Award and for the standard transitional clauses to apply to trolley collection contractors.

Integrated Trolley Management Pty Limited [2010] FWA 3317 (23 April 2010)

McDonald's considers appeal

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McDonalds Australia is considering appealing Fair Work Australia's decision to reject its proposed national enterprise agreement.

Commissioner Donna McKenna on Friday found the deal would represent "an emphatic diminution in overall terms and conditions" for the 80,000 workers employed by the fast-food chain and its franchisees (see Related Article).

A McDonald's spokesperson said the company believed the agreement would deliver workers increased benefits and flexibility and was exploring grounds for appeal against the decision.

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