4 yearly review of modern awards—Penalty rates [2017] FWC 2646
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Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Penalty rates
(AM2014/305)
JUSTICE ROSS, PRESIDENT MELBOURNE, 12 MAY 2017
4 yearly review of modern awards – penalty rates – Saturday penalty rate – late night penalty
– General Retail Industry Award 2010.
[1] Directions were issued on 6 April 2017 directing the Shop, Distributive and Allied
Employees’ Association (SDA) to file an outline of submissions by 4 May 2017 in respect of
the late night penalty and the Saturday penalty rate for casual employees in the General Retail
Industry Award 2010. On 4 May 2017, the SDA wrote the Fair Work Commission requesting
the Directions be vacated1 as they intend to seek judicial review of any determinations arising
from the Penalty Rates decision.2
[2] Fair Work Commission staff contacted the employer parties and sought their views on
the SDA’s proposal. The Australian Retailers’ Association3 and Australian Business
Industrial4 confirmed that they had no objection to the Directions being vacated.
[3] Accordingly, the Directions issued 6 April 2017 are vacated and the mention on
16 May 2017 has been cancelled.
PRESIDENT
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1 SDA correspondence of 4 May 2017
2 SDA submission of 4 May 2017
3 ARA correspondence of 11 May 2017
4 ABI correspondence of 11 May 2017
[2017] FWC 2646
STATEMENT
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Official source: https://www.fwc.gov.au/documents/decisionssigned/pdf/2017fwc2646.pdf