Introduction

1. These submissions are filed pursuant to a Statement of the Fair Work Commission (the Commission) dated 3 May 2018.

2. On 26 March 2018, a Full Bench dismissed the ACTU’s claim seeking a variation of all modern awards to include an entitlement to part-time work or reduced hours for employees with parenting and/or caring responsibilities, but expressed a provisional view that modern awards should incorporate a term to facilitate flexible working arrangements.

3. On 3 May 2018, the Commission issued a Statement attaching a provisional model term and inviting submissions on:

i. The terms of the provisional model term;
ii. Whether the provisional model term is permitted under s.136 and, in particular, whether it contravenes s.55;
iii. Whether the inclusion of the provisional model term in modern awards will result in modern awards that only include terms to the extent necessary to achieve the modern awards objective.

4. These matters are addressed below.

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