[2020] FWC 388


Fair Work Act 2009

s.157 – FWC may vary etc modern awards if necessary to achieve modern awards objective

Review of certain C14 rates in modern awards



Review of the rates at the C14 rate in modern awards – introductory rates – referral to a Full Bench.

[1] This statement concerns the review of modern awards which have classification rates at the C14 level which are either not transitional rates or where the transition period is not specified

[2] A Statement published on 2 December 2019 1 noted that the ACTU intended to put a request in writing for the Commission to obtain statistical data from the Australian Bureau of Statistics (ABS) Survey of Employee Earnings and Hours (EEH) as to the number of award reliant employees in receipt of C14 level wages in the modern awards which are to be the subject of the union applications.

[3] The ACTU request was provided on 19 December 2019 and published on the Commission’s website.

[4] The request sought an analysis of unpublished microdata from the ABS EEH survey. The Commission’s research staff has access to these microdata and are able to respond to the request. 2 The results of the analysis will be provided to the ABS to obtain approval for its public release, as is the usual course in relation to microdata releases. Parties will be advised of the outcome in due course.

[5] The ACTU also commented that the form of the queries in the request may need some revision based on feedback from the ABS, the Commission’s research staff and other parties to the proceedings. We will correspond with the ABS to clarify whether the treatment of casual loading is appropriate and if a finer level of data can be analysed using data collected in the survey but not available as part of the microdata. Any correspondence received from the ABS will be posted to the Commission’s website.


Printed by authority of the Commonwealth Government Printer


 1   [2019] FWC 8159 at [10].

 2   Microdata are the most detailed information available from a survey. This level of detail is released with approval of the Australian Statistician. See: https://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/6306.0.55.001Main+Features1May+2018)