Background and timetable

The Australian Industrial Relations Commission is currently undertaking a process of "award modernisation", by which it will create "modern awards" from the thousands of existing Federal awards and State awards operating as NAPSAs (Notional Agreements Preserving State Awards). The power to create modern awards was conferred on the Commission by the Government’s amendments to the Workplace Relations Act which commenced operation in March 2008. The process is also governed by an award modernisation request issued by the Minister for Education, Employment and Workplace Relations to the President of the Commission.

In general, each modern award will have broad coverage and will replace a large number of federal awards and NAPSAs.

Modern awards are intended to operate from 1 January 2010, and together with the National Employment Standards, will form the safety net of employment conditions and entitlements.  The Standards are part of the Fair Work Act which was passed by Parliament on 20 March 2009.

More information about the award modernisation process is available from the Commission's website.

All modern awards are to be finalised by 31 December 2009.

The award modernisation process will take place in 4 stages:

• Stage 1 (priority stage) - this stage has now concluded. Modern awards were made on 19 December 2008;
• Stage 2 - this stage has now concluded. Modern awards were made on 3 April 2009;
• Stage 3 - this stage is currently underway;
• Stage 4 - will take place between July and December 2009.

A separate process for considering the transitional provisions to be inserted into modern awards made in Stages 1 and 2 is also taking place. Proceedings are also underway to vary some modern awards made in earlier Stages, including the Clerks - Private Sector - Award 2010.

A detailed timetable is available from the Commission's website.