Award Modernisation

Latest news

• Modern awards commenced operation on 1 January 2010;
• Stage 4 modern awards made on 4 December 2009: view National Member Advice 030/2009 Award Modernisation - Important Update (10 Dec 2009);
• Clerks - Private Sector Award 2010: exemption clause removed and replaced with annualised salary clause: view National Member Advice 030/2009, Award Modernisation - Important Update (10 Dec 2009).

What modern award(s) replace my pre-modern award?

Ai Group has produced a translation table to assist members in identifying the appropriate modern award(s) for their business. See National Member Advice 032/2009, “Translation of award services to modern awards” (23 Dec 2009). 


Where can I access modern awards?

Members can log in to “My Awards” to access their award service subscription(s), including the full version of modern award(s).

A full list of the 122 modern awards made by the Commission can be viewed here. 


What transitional provisions are in place?

Most modern awards will contain model transitional provisions in a Schedule to the award. The model provisions were initially developed by the Commission in September 2009, but some amendments were made in December 2009 to clarify important issues. See National Member Advice 030/2009, Award Modernisation – Important Update (10 Dec 2009).

Under the model provisions, minimum wages, penalties and loadings in the modern award will be phased in between 1 July 2010 and 1 July 2014.

The process of inserting the model transitional provisions in most modern awards is not yet complete, and is expected to be finalised in the first few months of 2010. However, the Commission has indicated that the provisions where they are included in modern awards will be backdated to commence from 1 January 2010.

Most modern awards also contain additional transitional provisions. For example, many modern awards preserve some types of pre-existing allowances or other entitlements for a period. Members should check the relevant modern award.


Can modern awards be varied?

Both the Australian Industrial Relations Commission and Fair Work Australia have powers to vary modern awards.

There are currently over 200 applications to vary modern awards, and Ai Group is devoting substantial resources to this process.

Minimum wages in modern awards are also reviewed annually by FWA, with annual minimum wage decisions to take effect from 1 July each year.

FWA is also required to conduct general reviews of modern awards, the first of which will take place in 2012.


Further information

National Member Advices

Submissions