[2021] FWCFB 2222


Fair Work Act 2009
Clause 48 of Schedule 1

Casual terms award review 2021



Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021—casual amendments—review of modern awards.

[1] On 27 March 2021, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 amended the Fair Work Act 2009 (Cth) (the Act) in relation to casual employment. New clause 48 of Schedule 1 to the Act requires the Commission to review certain casual terms in modern awards and vary the awards as required to resolve difficulties in their interaction with the Act as amended (Casual terms review).

[2] On 19 April 2021 we issued a Statement 1 setting out draft directions. The Commission also published a Discussion Paper2 which provided some commentary on the Casual terms review, identified relevant award terms and raised questions for the parties to consider.

[3] A Conference was held on 22 April 2021 to provide interested parties with an opportunity to comment on the draft directions set out in the Statement of 19 April 2021. A transcript of the Conference is available here.

[4] A consensus emerged at the Conference that a further period of time be provided between the filing of reply submissions and the Hearing. The ACTU and its affiliates also sought an additional period of time in respect of draft directions 1 and 2.

[5] We have considered the views expressed and make final directions as follows:

1. All interested parties are to file submissions by 4.00pm (AEST) on Monday, 24 May 2021 responding to the questions in the Discussion Paper published by the Commission on Monday, 19 April 2021 and any other matter the party wishes to raise. If a party is proposing a variation to one of the six Stage 1 Awards then they should also file a proposed draft determination.

Note: The Commission staff will prepare a Submission Summary Document summarising the submissions in respect of each question posed in the Discussion Paper. The Full Bench will issue a statement publishing the Submission Summary Document and expressing some provisional views about the issues raised. It is anticipated that the Statement and Submission Summary Document will be published in the week commencing 31 May 2021.

2. All interested parties are to file any reply submissions by 4.00pm (AEST) on Wednesday, 16 June 2021. The reply submissions should also address any provisional views published by the Commission.

3. All submissions are to be sent in word format only to amod@fwc.gov.au.

4. Parties are encouraged to subscribe to receive notifications on the subscription services page of the Commission’s website. Any questions about the subscription service can be sent to amod@fwc.gov.au.

5. A Hearing will be listed on Thursday, 24 June and Friday 25 June 2021, commencing at 10.00am (AEST).


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 1   [2021] FWCFB 2143.

 2   Discussion Paper: Interaction between modern awards and the casual amendments to the Fair Work Act 2009, 19 April 2021.