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  • Job loss or dismissal
    • Types of dismissal and termination
    • Unfair dismissal
      • About unfair dismissal
        • What is unfair dismissal?
        • Who the law protects from unfair dismissal
        • Check eligibility for unfair dismissal
      • The rules for small business owners
      • The process for unfair dismissal claims
      • Apply for unfair dismissal (Form F2)
        • Check you are ready to apply for unfair dismissal
      • Respond to an unfair dismissal claim
        • What to do when an employee claims unfair dismissal
        • Respond to a claim for unfair dismissal (Form F3)
          • Help with Form F3 – Employer response to unfair dismissal
        • Object to an unfair dismissal claim
          • Object to an application for unfair dismissal remedy (Form F4)
          • Jurisdiction hearings in unfair dismissal cases
      • Conciliation for unfair dismissal
        • What is conciliation?
        • Tips to prepare for conciliation
        • What happens in a conciliation meeting
        • Options at conciliation for unfair dismissal
        • The role of the independent conciliator
        • Ask to delay a conciliation
      • Withdraw your application for unfair dismissal
      • Possible results of unfair dismissal claims
        • Compensation for unfair dismissal
          • The formula to calculate compensation
        • Reinstatement after unfair dismissal
        • Outcomes or remedies at an unfair dismissal hearing
    • Dismissal under general protections
      • About general protections
        • Understand general protections
        • Who the general protections laws cover
          • The difference between contractors and employees
        • Check eligibility for general protections
        • What is adverse action?
        • Prohibited reasons in general protections
        • Other workplace protections
      • The process for general protections dismissal
      • Apply for general protections – dismissal (Form F8)
      • Responding to a general protections claim
        • Response to general protections application (Form F8A)
        • Object to a general protections dismissal claim
      • Conferences for general protections dismissal
        • Tips to prepare for a general protections conference
      • Possible outcomes of a general protections – dismissal case
      • Apply for arbitration of a general protections – dismissal case (Form F8B)
      • Take your general protections case to court
    • Unlawful termination
      • Apply for help with unlawful termination (Form F9)
      • Respond to an application for unlawful termination (Form F9A)
      • Agree to arbitration for unlawful termination (Form F9B)
    • Redundancy
    • Respond to a claim against a business
  • Issues we help with
    • Common issues in the workplace
      • Resolve a dispute in your workplace
      • Apply for help to promote cooperative workplaces and prevent disputes (Form F79)
    • Bullying
      • The process to resolve workplace bullying
      • What is bullying at work?
        • About reasonable management action
      • What to do if you’re bullied at work
        • How we help stop workplace bullying
        • Who can apply to stop bullying
          • Check eligibility for an order to stop bullying
        • Apply to stop workplace bullying (Form F72)
      • Respond to a bullying claim
        • Respond as an employer or principal in a bullying application (Form F73)
        • Respond as a person named in a bullying application (Form F74)
      • Conciliation for bullying at work
        • Prepare for a conciliation session
    • Sexual harassment
      • What is sexual harassment at work
      • Who can apply for orders to stop sexual harassment at work
      • Discrimination, the general protections and work health and safety
      • What to do if you’re sexually harassed at work
      • The Commission’s process to resolve sexual harassment at work
      • Apply to stop sexual harassment at work
      • Respond to an application about sexual harassment at work
      • Conciliation about sexual harassment at work
      • Conferences and hearings about sexual harassment at work
    • Discrimination
    • Help for small business owners
      • What we are doing to help small business
    • Casual to permanent status
      • Apply to resolve a dispute about casual conversion (Form F10A)
    • Dispute about an award or agreement
      • Apply to resolve a dispute about an award or agreement (Form F10)
    • Disputes about general protections
      • Process for general protection disputes
      • Apply for general protections – no dismissal (Form F8C)
      • Responding to a general protections claim not involving dismissal
    • Industrial action
      • Organise a protected action ballot
        • Apply to hold a protected action ballot (Form F34)
        • Apply to extend the 30-day period for protected action (Form F34A)
      • Types of industrial action
      • Payments during industrial action
      • Ballot results
      • Apply to resolve a stand down dispute (Form F13)
      • Apply to stop unprotected industrial action (Form F14)
    • Cooperative Workplaces program
      • Interest-based approaches
      • Interest-based bargaining
      • Interest-based consultation
      • Interest-based problem-solving
    • Jobkeeper disputes
      • Apply to resolve a jobkeeper dispute (Form F13A)
  • Agreements & awards
    • Enterprise agreements
      • Find an enterprise agreement
        • Agreements in progress
      • About enterprise agreements
        • About single and multi-enterprise agreements
        • About greenfields agreements
        • Historical agreements and instruments
        • Statistical reports on enterprise agreements data
      • Make an enterprise agreement
        • The process to make an agreement
        • Before you start bargaining
          • Timeframes to make an agreement
          • Date calculator for single enterprise agreement
          • Plan to communicate your agreement
          • Bargaining representatives
            • Who can be a bargaining representative?
            • The role of representatives
            • Cancel a bargaining representative
          • Apply for a majority support determination (Form F30)
          • Request to bargain for a replacement agreement
        • Start bargaining
          • Scope orders for enterprise agreements
            • Apply for a scope order (Form F31)
          • Resolve a dispute about bargaining
            • Apply to resolve a bargaining dispute (Form F11)
            • Apply for a bargaining order (Form F32)
            • Apply for a serious breach declaration (Form F33)
          • How to bargain in good faith
          • NERR – Notice of Employee Representational Rights
            • Create the NERR
            • Distribute the NERR to employees
        • Develop the agreement
          • Finalise the draft enterprise agreement
          • Guide to the BOOT
            • How we apply the Better Off Overall Test
            • Check an agreement can pass the BOOT
          • Terms and dates to put in an agreement
          • When employees genuinely agree to an agreement
          • Avoid common errors in agreements
            • Meet the terms in the NES
            • Sign an agreement the right way
            • Make sure your NERR is valid
            • Make 'loaded' rates clear
            • Explain what you did in the access period
            • Ways to pass the BOOT
        • Hold a vote on the agreement
          • Explain the agreement to employees
          • What to give employees during the 'access period'
          • Voting process for agreements
          • Record how and when employees vote
        • Create a greenfields enterprise agreement
          • Apply to approve a greenfields agreement (Form F19)
      • Change a single enterprise agreement
        • Apply for approval to change an agreement (Form F23)
        • Employer's declaration to vary an agreement (Form F23A)
        • Union declaration for variation of an enterprise agreement (Form F23B)
        • Apply to vary an agreement to resolve a casual conversion issue (Form F23C)
        • Apply to terminate an agreement after the nominal expiry date (Form F24B)
      • Approval of enterprise agreements
        • The process to approve an agreement
        • Requirements an agreement must meet
        • About undertakings in agreements
          • How to write an undertaking
        • Approval timelines for agreements
        • Is your agreement application ready to lodge?
        • Forms for approval of agreements
          • Apply to approve a new enterprise agreement (Form F16)
          • Employer declaration for an enterprise agreement (Form F17)
          • Union declaration for an enterprise agreement (Form F18)
          • Employee rep declaration for an agreement (Form F18A)
          • Employer's declaration for a greenfields agreement under s.182(3) (Form F20)
          • Union declaration for a greenfields agreement (Form F21)
          • Apply to approve a new greenfields agreement made under s.182(4) (Form F21A)
          • Employer's declaration for a greenfields agreement under s.182(4) (Form F21B)
          • Union declaration for approval for a greenfields agreement under s.182(4) (Form F21C)
      • Terminate an enterprise agreement
        • Apply to terminate an enterprise agreement by agreement (Form F24)
        • Ways to terminate an individual agreement (IABTI)
        • Declaration to support the termination of an agreement (Form F24A)
        • Declaration to support the termination of an agreement after nominal expiry (Form F24C)
        • Declaration in response to application to terminate an agreement after the expiry date (Form F24D)
      • Sunsetting of zombie agreements
        • What to do if I have a zombie agreement
        • What will happen to my zombie agreement
        • Extending a zombie agreement
    • Awards
      • Find an award
      • Create or change an award
        • Applications to create or change an award
        • Apply to create, change or revoke an award (Form F46)
      • Modern awards pay database
        • Data dictionary
      • What awards contain
      • The difference between awards and agreements
      • Awards research
    • Minimum wages and conditions
      • The national minimum wage
        • National minimum wage orders
      • National Employment Standards
      • Where to find your pay and conditions
      • Superannuation
  • Hearings & decisions
    • Hearings schedule
      • Adelaide hearings
      • Brisbane hearings
      • Canberra hearings
      • Darwin hearings
      • Hobart hearings
      • Melbourne hearings
      • Perth hearings
      • Sydney hearings
      • Regional hearings
    • How the Commission works
      • What to do when we set your tribunal date
      • About conferences and hearings
      • Prepare for a conference or hearing
      • Possible outcomes of a hearing or conference
      • What happens during a hearing
        • Inside the hearing room
      • On the day of your conference or hearing
      • Recording a hearing or conference
      • Ask to delay a hearing or conference
    • Appeal a decision or order
      • The appeals process
        • Reasons you may appeal a decision or order
        • Who can appeal a decision?
        • How to appeal a decision
        • Order to ‘stay’ all or part of a decision
        • Create an appeal book
      • Prepare for an appeal hearing
        • Prepare an outline of submissions for an appeal
        • What happens in an appeal hearing
        • Who sits on an Appeal Bench?
      • Timetable of appeal hearings
      • Results of appeals
      • Apply for permission to appeal (Form F7)
    • Decisions and orders
      • National wage and safety net review decisions
      • Significant decisions and summaries
    • Major cases
      • 4 yearly review
        • All decisions and statements
        • Alleged NES inconsistencies
        • Awards under review
        • Common issues
          • Abandonment of employment
          • Annual leave
          • Annualised salaries
          • Apprentice conditions
          • Award flexibility
          • Blood donor leave
          • Casual employment
          • Family and domestic violence leave
          • Family friendly work arrangements
          • Micro business schedule
          • National Training Wage
          • Overtime for casuals
          • Part-time employment
          • Payment of wages
          • Penalty rates case
            • Decisions & statements
            • General Retail Industry Award
            • Hair and Beauty Industry Award
          • Public holidays
          • Transitional provisions
        • Final stage proceedings
        • Plain language re-drafting
          • Fast Food Industry Award
          • Hair and Beauty Industry Award
        • Timetable
      • Annual wage reviews
        • Annual Wage Review 2022–23
          • Research for the Annual Wage Review 2022–23
          • Timetable for the Annual Wage Review 2022–23
        • Annual Wage Review 2021–22
          • Additional material for the Annual Wage Review 2021–22
          • Correspondence for the Annual Wage Review 2021–22
          • Decisions & statements for the Annual Wage Review 2021–22
          • Determinations for the Annual Wage Review 2021–22
          • Draft determinations for the Annual Wage Review 2021–22
          • National Minimum Wage Order 2022
          • Notices of listing for the Annual Wage Review 2021–22
          • Research for the Annual Wage Review 2021–22
          • Statistical reporting for the Annual Wage Review 2021–22
          • Submissions for the Annual Wage Review 2021–22
          • Timetable for the Annual Wage Review 2021–22
          • Transcripts for the Annual Wage Review 2021–22
        • Annual Wage Review 2020–21
          • Additional material for the Annual Wage Review 2020–21
          • Consultations for the Annual Wage Review 2020–21
          • Correspondence for the Annual Wage Review 2020–21
          • Decisions & statements for the Annual Wage Review 2020–21
          • Determinations for the Annual Wage Review 2020–21
          • Draft determinations for the Annual Wage Review 2020–21
          • National Minimum Wage Order 2021
          • Notices of listing for the Annual Wage Review 2020–21
          • Research for the Annual Wage Review 2020–21
          • Statistical reporting for the Annual Wage Review 2020–21
          • Submissions for the Annual Wage Review 2020–21
            • Initial submissions for the Annual Wage Review 2020–21
            • Post-budget submissions for the Annual Wage Review 2020–21
            • Submissions in reply for the Annual Wage Review 2020–21
            • Supplementary submissions for the Annual Wage Review 2020–21
          • Timetable for the Annual Wage Review 2020–21
          • Transcripts for the Annual Wage Review 2020–21
        • Annual Wage Review 2019–20
          • Additional material for the Annual Wage Review 2019-20
          • Consultations for the Annual Wage Review 2019-20
          • Correspondence for the Annual Wage Review 2019-20
          • Decisions & statements for the Annual Wage Review 2019-20
          • Determinations for the Annual Wage Review 2019-20
          • Junior & apprentice rates in modern awards for the Annual Wage Review 2019-20
          • National Minimum Wage Order 2020
          • Notices of listing for the Annual Wage Review 2019-20
          • Research for the Annual Wage Review 2019-20
          • Research proposals for the Annual Wage Review 2019-20
          • Statistical reporting for the Annual Wage Review 2019-20
          • Submissions for the Annual Wage Review 2019-20
            • Initial submissions for the Annual Wage Review 2019-20
            • Submissions in reply for the Annual Wage Review 2019-20
            • Supplementary submissions for the Annual Wage Review 2019-20
          • Timetable for the Annual Wage Review 2019-20
          • Transcripts for the Annual Wage Review 2019-20
        • Annual Wage Review 2018–19
          • Additional material for the Annual Wage Review 2018-19
          • Consultations for the Annual Wage Review 2018-19
          • Correspondence for the Annual Wage Review 2018-19
          • Decisions & statements for the Annual Wage Review 2018-19
          • Determinations for the Annual Wage Review 2018-19
          • National Minimum Wage Order 2019
          • Notices of listing for the Annual Wage Review 2018-19
          • Research for the Annual Wage Review 2018-19
          • Statistical reporting for the Annual Wage Review 2018-19
          • Submissions for the Annual Wage Review 2018-19
            • Initial submissions for the Annual Wage Review 2018-19
            • Submissions in reply for the Annual Wage Review 2018-19
          • Timetable for the Annual Wage Review 2018-19
          • Transcripts for the Annual Wage Review 2018-19
        • Annual wage reviews archive
          • Annual Wage Review 2012–13
      • Application to terminate the Apple Retail Enterprise Agreement 2014
      • Award flexibility – Hospitality and retail sectors
        • Application to vary the Hospitality Award
        • Application to vary the Restaurant Award
        • Application to vary the Retail Award
        • Background material
        • Correspondence
        • Decisions and statements
        • Notices of listing and directions
        • Research and data
        • Submissions
        • Transcript
      • Ballot for withdrawal of ME Division from CFMMEU
      • Ballot for withdrawal of Manufacturing Division from CFMMEU
      • Family and domestic violence leave review
        • Decisions & statements
      • Proposed On Demand Delivery Services Award (Menulog)
      • Review of certain C14 rates in modern awards
      • Superannuation fund reviews
      • Svitzer Australia Pty Limited industrial action
      • Work value case – Aged Care Industry
        • Correspondence
        • Decisions & statements
        • Notices of listing & directions
        • Research and information
        • Submissions
        • Transcript
      • Previous major cases
        • Application to terminate the IPCA (VIC, ACT & NT) Agreement 2011
        • Ballot for withdrawal of ME Division from CFMMEU
        • Casual terms award review 2021
          • Background material
          • Correspondence
          • Decisions & statements
          • Determinations
          • Notices of listing & directions
          • Submissions
          • Transcripts
          • All documents
        • Clerks – Private Sector Award – Work from home case
        • Equal Remuneration Case 2010-12
          • Applications
          • Correspondence
          • Decisions & statements
          • Draft orders
          • Exhibits
          • Notices of listing
          • Site Inspections
          • Submissions
          • Timetable
          • Transcripts
        • Equal Remuneration and Work Value Case
          • Applications
          • Correspondence
          • Decisions and statements
          • Legislation
          • Notices of listing and directions
          • Orders
          • Papers
          • Submissions
          • Timetable
          • Transcript
        • Health sector awards – pandemic leave case
          • Applications
          • Correspondence
          • Decisions and statements
          • Determinations
          • Information notes and articles
          • Notices of listing and directions
          • Orders
          • Submissions and witness statements
          • Transcript
        • Modern awards review 2012
          • Awards reviewed 2012
        • Undergraduate qualifications review
    • Case law benchbooks
      • Anti-bullying benchbook
        • Overview of benchbook
        • What is workplace bullying?
        • Who is covered?
          • Definition of ‘worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking?
            • What is a Territory or a Commonwealth place?
            • What is a constitutional corporation?
            • What is the Commonwealth?
        • When is a worker bullied at work?
          • What does ‘at work’ mean?
          • Risk of continued bullying
          • What does ‘Reasonable management action’ mean?
        • Making an application
        • Responding to an application
        • What if the worker has been dismissed etc
        • Commission processes
          • Procedural issues
          • Representation by lawyers and paid agents
        • Evidence
        • What are the outcomes?
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
          • Appeals
          • Role of the Court
      • Enterprise agreements benchbook
        • Overview of benchbook
        • What is an enterprise agreement?
          • Single-enterprise agreement
          • Multi-enterprise agreement
          • Differences between single and multi-enterprise agreements
          • Greenfields agreement
        • Content of an enterprise agreement
          • Permitted matters
          • Coverage
          • Scope – who will be covered?
          • Terms & conditions of employment
          • Base rate of pay
          • Nominal expiry date
          • Mandatory terms
          • Flexibility term
          • Consultation term
          • Dispute settlement term
          • Optional terms
          • Terms that cannot be included
            • Terms that exclude the NES
            • Unlawful terms
            • Designated outworker terms
        • Agreement making process
          • Representation
          • Employees must be notified of their right to be represented
          • Bargaining representatives
        • Bargaining
          • Good faith bargaining
          • How long does bargaining take?
        • Voting
          • Voting process
          • Who can vote?
          • Timeframe for vote
          • Voting methods
          • When is an agreement made?
        • What happens if the parties cannot agree?
        • Making an application
          • Common defects & issues
            • National Employment Standards – common defects & issues
            • Better off overall test – common defects & issues
            • Mandatory terms – common defects & issues
            • Other terms of the agreement
            • Pre-approval requirements – common issues
            • Forms & lodgment – common defects & issues
          • Who must apply
          • Timeframe to apply – within 14 days
          • Material to accompany application
          • Signing an agreement
          • Employer must notify employees
        • Commission approval process
          • Genuine agreement
            • Minor procedural or technical errors
          • Where a scope order is in operation
          • Particular kinds of employees
          • Better off overall test (BOOT)
            • When an agreement passes
            • Classes of employees
            • Which award applies
            • Advice about coverage
            • Loaded rates of pay
          • Public interest test
          • Undertakings
          • Powers of the Commission
        • Associated applications
          • Majority support determinations
          • Authorisations to commence bargaining
            • Single interest employer authorisations
            • Ministerial declaration
            • Low-paid authorisations
          • Scope orders
          • Bargaining orders
          • Serious breach declarations
          • Disputes
          • Workplace determinations
            • Low-paid workplace determinations
            • Industrial action related workplace determinations
            • Bargaining related workplace determinations
          • Role of the Court
          • Appeals
          • Varying enterprise agreements
            • Varying by agreement
            • Ambiguity or uncertainty
            • Casual employee definition and casual conversion provisions
            • Discrimination
          • Terminating enterprise agreements
            • Terminating by agreement
            • After its nominal expiry date
          • Terminating individual agreements
      • General protections benchbook
        • Overview of benchbook
          • When is a person covered by the general protections?
        • What are the general protections?
        • How do the general protections work?
          • Rebuttable presumption as to reason or intent
        • Coverage for general protections
          • What is a constitutionally-covered entity?
          • What is a Territory or a Commonwealth place?
          • What is a trade and commerce employer?
          • What is a Territory employer?
          • What is a national system employer?
        • What if I am not covered by the general protections?
        • What is adverse action?
          • What is dismissal?
          • What is ‘injuring’ the employee in his or her employment?
          • What is altering the position of the employee to the employee’s prejudice?
          • What is discriminating between the employee and other employees of the employer?
          • Threatened action and organisation of action
          • Exclusions
        • Workplace rights – Division 3
          • Meaning of workplace right
          • Coercion
          • Undue influence or pressure
          • Misrepresentations
          • Requiring the use of COVIDSafe
        • Industrial activities – Division 4
          • What are industrial activities?
          • Coercion
          • Misrepresentations
          • Inducements – membership action
        • Other protections – Division 5
          • Discrimination
            • Race
            • Colour
            • Gender identity & sexual orientation
            • Age
            • Physical or mental disability
            • Marital status
            • Family or carer’s responsibilities
            • Pregnancy
            • Religion
            • Political opinion
            • National extraction
            • Social origin
          • Exceptions
          • Temporary absence – illness or injury
          • Bargaining services fees
          • Coverage by particular instruments
          • Coercion – allocation of duties to particular person
        • Sham arrangements – Division 6
          • Misrepresenting employment
          • Dismissing to engage as independent contractor
          • Misrepresentation to engage as independent contractor
        • Making an application
          • Dismissal applications
            • Timeframe for lodgment
            • Late lodgment
          • Non-dismissal applications
          • Other types of applications
            • Multiple actions relating to dismissal
            • Unfair dismissal
            • Unlawful termination
            • Court application (interim injunction)
            • Discrimination
        • Power to dismiss applications
        • Evidence
        • Commission process
          • Conferences & hearings
          • Dealing with different types of general protections disputes
          • Rescheduling or adjourning matters
          • Representation by lawyers and paid agents
          • Bias
        • Outcomes
        • Costs
          • When are costs ordered by the Commission?
          • Costs against representatives
        • Appeals
        • Role of the Court
          • Enforcement of Commission orders
          • Types of order made by the Court
      • Industrial action benchbook
        • What is industrial action?
          • Unprotected industrial action
            • Orders to stop or prevent unprotected industrial action
          • Protected industrial action
            • Immunity
            • Common requirements
            • Employee claim action
            • Employer response action
            • Employee response action
            • Pattern bargaining
        • Taking protected industrial action
          • Protected action ballots
            • Who may apply?
            • Making an application
            • Commission process
            • Varying a protected action ballot order
            • Revoking a protected action ballot order
          • Voting
            • Ballot agents
            • Who may vote – roll of voters
            • Ballot papers
            • Voting procedure
            • Scrutiny of the ballot
            • Results of the ballot
            • When is industrial action authorised?
          • Notice requirements
          • Commencing protected industrial action
        • Payments relating to industrial action
          • Partial work bans
          • Unprotected industrial action – payments
          • Standing down employees
        • Suspension or termination of protected industrial action
          • Powers of the Commission
            • When the Commission may suspend or terminate
            • When the Commission must suspend or terminate
              • Threats to persons or the economy
              • Suspending industrial action
            • Requirements relating to a period of suspension
          • Powers of the Minister
        • Enforcement
        • Appeals
      • Sexual harassment benchbook
        • Overview of benchbook
        • What is sexual harassment?
        • Who is covered by the laws to stop sexual harassment at work?
          • Definition of ‘Worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking (PCBU)?
              • What is a Commonwealth authority?
              • What is a Territory or a Commonwealth place?
              • What is a body corporate incorporated in a Territory?
              • What is the Commonwealth?
        • When is a worker sexually harassed at work?
          • What does ‘at work’ mean?
          • Reasonable belief of bullying or sexual harassment at work
        • Risk of continued sexual harassment
          • Absence of future risk of sexual harassment
          • Change in circumstances
          • Other options for workers who are no longer working for the employer/principal
        • Making an application
          • Responding to an application
        • Commission process – Hearings and conferences
          • Powers of the Commission
          • Procedural issues
          • Representation by lawyers and paid agents
            • Notification of ‘acting for’ a person
            • What is representation?
            • When will permission be granted?
            • Exception – Conference by staff conciliator
            • Representation – Not in a conference or hearing
          • Bias
          • Rescheduling or adjourning matters
        • Evidence
          • Privilege against self-incrimination
        • What are the outcomes?
          • Conciliated outcomes
          • Orders to stop bullying or sexual harassment (or both) at work
          • Considerations
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
            • What are costs?
            • Applying for costs
            • When are costs ordered?
          • Appeals
          • Role of the Court
      • Unfair dismissals benchbook
        • Overview of unfair dismissal
        • Coverage for unfair dismissal
          • Who is protected from unfair dismissal?
          • People excluded from national unfair dismissal laws
            • Independent contractors
            • Labour hire workers
            • Vocational placements & volunteers
            • Public sector employment
          • Constitutional corporations
          • High income threshold
          • Modern award coverage
          • Application of an enterprise agreement
          • What is the minimum period of employment?
            • How do you calculate the minimum period of employment?
            • What is continuous service?
            • What is an excluded period?
          • Bankruptcy
          • Insolvency
        • What is dismissal?
          • When does a dismissal take effect?
          • Terminated at the employer's initiative
          • Forced resignation
          • Demotion
          • Contract for a specified period of time
          • Contract for a specified task
          • Contract for a specified season
          • Training arrangement
          • What is a transfer of employment?
          • Periods of service as a casual employee
          • What is a genuine redundancy?
            • Job no longer required due to changes in operational requirements
            • Consultation obligations
            • Redeployment
          • What is the Small Business Fair Dismissal Code?
        • What makes a dismissal unfair?
          • Valid reason relating to capacity or conduct
            • Capacity
            • Conduct
          • Notification of reason for dismissal
          • Opportunity to respond
          • Unreasonable refusal of a support person
          • Warnings – unsatisfactory performance
          • Size of employer's enterprise & human resources specialists
          • Other relevant matters
        • Making an application
          • Application fee
          • Timeframe for lodgment
          • Extension of time for lodging an application
          • Who is the employer?
          • Multiple actions
          • Discontinuing an application
        • Objecting to an application
        • Commission process – conciliations, hearings and conferences
          • Conciliation
          • Hearings and conferences
          • Preparing for hearings and conferences
          • Representation by lawyers and paid agents
          • Rescheduling or adjourning matters
          • Bias
        • Remedies
          • Reinstatement
            • Order for reinstatement cannot be subject to conditions
            • Order to maintain continuity
            • Order to restore lost pay
          • Compensation
            • Calculating compensation
            • Instalments
            • Mitigation
            • Remuneration
            • Any other matters that the Commission considers relevant
            • Compensation cap
        • Dismissing an application
        • Evidence
        • Costs
          • Costs against representatives
          • Security for costs
        • Appeals
          • Staying decisions
        • Role of the Court
      • JobKeeper disputes benchbook
        • Introduction
          • Overview of the Coronavirus Economic Response provisions in the Fair Work Act
        • JobKeeper enabling directions – general information
          • Service & entitlement accrual while a JobKeeper enabling direction applies
          • When a JobKeeper enabling direction will have no effect
          • Stand downs that are not jobkeeper enabling stand downs
          • Employee requests for secondary employment, training and professional development during a jobkeeper enabling stand down
        • JobKeeper enabling stand down directions – employers currently entitled to jobkeeper payments
          • Directions about duties & location of work
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Draft determinations for the Annual Wage Review 2020–21

Introduction

Each financial year the Commission reviews and sets minimum wages. These are the draft determinations for the Annual Wage Review 2020-21.

On this page:

  • About the draft determinations
  • Operative from 1 November 2021
  • General Retail Industry Award 2020 – 1 September 2021
  • Operative from 1 July 2021
  • Consolidated list of expense-related allowances
  • National Training Wage – reference to Miscellaneous Award 2020
  • Note
Content

About the draft determinations

The Expert Panel of the Fair Work Commission issued its Annual Wage Review 2020-21 decision [2021] FWCFB 3500 to vary modern award minimum rates.

The decision determined different operative dates for different awards as follows.

Operative date Awards
1 November 2021 Modern awards listed at paragraph [298] of the Annual Wage Review 2020-21 decision
1 September 2021 General Retail Industry Award 2020
1 July 2021 All remaining modern awards

As outlined in the Statement [2021] FWCFB 3497 issued by the Full Bench, the draft expense-related allowances determinations for the awards being varied on 1 November 2021 are published. The Commission is now seeking feedback on the draft determinations.

(Note: the determinations adjusting wages in all awards have already been finalised. Feedback should only relate to the draft expense-related allowances determinations with an operative date of 1 November 2021.)

Any feedback on the draft determinations were due no later than 4pm on Friday, 29 October 2021.

For further information on the method of adjustment to expense-related allowances, go to: Expense-related allowances guide to methods of adjustment (PDF). 

Operative from 1 November 2021

As outlined in the Statement [2021] FWCFB 3497 issued by the Full Bench on 17 June 2021, draft determinations adjusting expense-related allowances in the following awards are published for comment.

The table of draft determinations can be sorted by clicking on the heading of any column. 

Award title Allowances draft (PDF) Finalised wages draft (PDF)
Airservices Australia Enterprise Award 2016 MA000141 allowances draft

MA000141 finalised wages draft (updated 23 June 2021)

Air Pilots Award 2020 MA000046 allowances draft MA000046 finalised wages draft (updated 22 June 2021)
Aircraft Cabin Crew Award 2020 MA000047 allowances draft (updated 29 October 2021) MA000047 finalised wages draft
Airline Operations – Ground Staff Award 2020 MA000048 allowances draft MA000048 finalised wages draft
Airport Employees Award 2020 MA000049 allowances draft MA000049 finalised wages draft
Alpine Resorts Award 2020 MA000092 allowances draft MA000092 finalised wages draft (updated 23 June 2021)
Amusement, Events and Recreation Award 2020 MA000080 allowances draft MA000080 finalised wages draft
Dry Cleaning and Laundry Industry Award 2020 MA000096 allowances draft MA000096 finalised wages draft (updated 23 June 2021)
Fitness Industry Award 2020 MA000094 allowances draft MA000094 finalised wages draft (updated 23 June 2021)
Hair and Beauty Industry Award 2010 MA000005 allowances draft MA000005 finalised wages draft
Hospitality Industry (General) Award 2020 MA000009 allowances draft MA000009 finalised wages draft
Live Performance Award 2020 MA000081 allowances draft MA000081 finalised wages draft
Mannequins and Models Award 2020 MA000117 allowances draft MA000117 finalised wages draft
Marine Tourism and Charter Vessels Award 2020 MA000093 allowances draft MA000093 finalised wages draft (updated 23 June 2021)
Nursery Award 2020 MA000033 allowances draft MA000033 finalised wages draft (updated 23 June 2021)
Racing Clubs Events Award 2020 MA000013 allowances draft MA000013 finalised wages draft
Racing Industry Ground Maintenance Award 2020 MA000014 allowances draft MA000014 finalised wages draft
Registered and Licensed Clubs Award 2020 MA000058 allowances draft MA000058 finalised wages draft
Restaurant Industry Award 2020 MA000119 allowances draft MA000119 finalised wages draft
Sporting Organisations Award 2020 MA000082 allowances draft MA000082 finalised wages draft
Travelling Shows Award 2020 MA000102 allowances draft MA000102 finalised wages draft
Wine Industry Award 2020 MA000090 allowances draft MA000090 finalised wages draft

General Retail Industry Award 2020 – 1 September 2021

As outlined in the Statement [2021] FWCFB 3497, a draft determination adjusting expense-related allowances in this award has now been published.

Award title Allowances draft Finalised wages draft
General Retail Industry Award 2020 M000004 allowances draft (PDF)

MA000004 finalised wages draft (PDF)

Operative from 1 July 2021

Operative from 1 July 2021

Award title Allowances draft (PDF) Wages draft (PDF)
Aboriginal Community Controlled Health Services Award 2020 MA000115 allowances draft MA000115 wages draft (updated 22 June 2021)
Aged Care Award 2010 MA000018 allowances draft MA000018 wages draft
Ambulance and Patient Transport Industry Award 2020 MA000098 allowances draft MA000098 wages draft
Banking, Finance and Insurance Award 2020 MA000019 allowances draft

MA000019 wages draft

Cemetery Industry Award 2020 MA000070 allowances draft MA000070 wages draft (updated 23 June 2021)
Children's Services Award 2010 MA000120 allowances draft MA000120 wages draft
Cleaning Services Award 2020 MA000022 allowances draft MA000022 wages draft
Commercial Sales Award 2020 MA000083 allowances draft MA000083 wages draft
Corrections and Detention (Private Sector) Award 2020 MA000110 allowances draft MA000110 wages draft
Educational Services (Schools) General Staff Award 2020 MA000076 allowances draft MA000076 wages draft (updated 22 June 2021)
Educational Services (Teachers) Award 2020 See Note 2 MA000077 wages draft
Electrical Power Industry Award 2020 MA000088 allowances draft MA000088 wages draft
Fast Food Industry Award 2010 MA000003 allowances draft MA000003 wages draft
Fire Fighting Industry Award 2020 MA000111 allowances draft MA000111 wages draft
Funeral Industry Award 2020 MA000105 allowances draft MA000105 wages draft (updated 21 June 2021)
Gas Industry Award 2020 MA000061 allowances draft MA000061 wages draft
Health Professionals and Support Services Award 2020 MA000027 allowances draft MA000027 wages draft (updated 23 June 2021)
Horse and Greyhound Training Award 2020 MA000008 allowances draft MA000008 wages draft
Medical Practitioners Award 2020 MA000031 allowances draft MA000031 wages draft
Nurses Award 2010 MA000034 allowances draft MA000034 wages draft
Pharmacy Industry Award 2020 MA000012 allowances draft MA000012 wages draft
Professional Diving Industry (Recreational) Award 2020 MA000109 allowances draft MA000109 wages draft
Social, Community, Home Care and Disability Services Industry Award 2010 MA000100 allowances draft MA000100 wages draft (updated 22 June 2021)
State Government Agencies Award 2020 MA000121 allowances draft MA000121 wages draft
Water Industry Award 2020 MA000113 allowances draft MA000113 wages draft
Australian Capital Territory Public Sector Enterprise Award 2016 MA000146 allowances draft MA000146 wages draft
Australian Federal Police Enterprise Award 2016 MA000142 allowances draft MA000142 wages draft
Christmas Island Administration Enterprise Award 2016 MA000149 allowances draft MA000149 wages draft
Reserve Bank of Australia Award 2016 MA000140 allowances draft MA000140 wages draft
Northern Territory Public Sector Enterprise Award 2016 MA000151 allowances draft MA000151 wages draft
Nurses (ANMF - Victorian Local Government) Award 2015 MA000131 allowances draft MA000131 wages draft
Nurses and Midwives (Victoria) State Reference Public Sector Award 2015 MA000125 allowances draft MA000125 wages draft
Vehicle Repair, Services and Retail Award 2020 MA000089 allowances draft

MA000089 wages draft (updated 24 June 2021)

Victorian Government Schools Award 2016 See Note 1 MA000155 wages draft
Victorian Government Schools – Early Childhood – Award 2016 See Note 1 MA000152 wages draft
Victorian Local Government (Early Childhood Education Employees) Award 2016 MA000150 allowances draft MA000150 wages draft
Victorian State Government Agencies Award 2015 MA000134 allowances draft MA000134 wages draft
Aboriginal Legal Rights Movement Award 2016 MA000139 allowances draft

MA000139 wages draft

Aluminium Industry Award 2020 MA000060 allowances draft MA000060 wages draft
Animal Care and Veterinary Services Award 2020 MA000118 allowances draft MA000118 wages draft
Aquaculture Industry Award 2020 MA000114 allowances draft MA000114 wages draft
Architects Award 2020 MA000079 allowances draft MA000079 wages draft
Asphalt Industry Award 2020 MA000054 allowances draft MA000054 wages draft
Australia Post Enterprise Award 2015 MA000137 allowances draft MA000137 wages draft
Australian Broadcasting Corporation Enterprise Award 2016 MA000147 allowances draft MA000147 wages draft
Australian Bureau of Statistics (Interviewers) Enterprise Award 2016 See Note 1 MA000143 wages draft
Australian Government Industry Award 2016 MA000153 allowances draft MA000153 wages draft
Australian Nuclear Science and Technology Organisation (ANSTO) Enterprise Award 2016 MA000144 allowances draft MA000144 wages draft
Australian Public Service Enterprise Award 2015 MA000124 allowances draft

MA000124 wages draft

Black Coal Mining Industry Award 2010 MA000001 allowances draft MA000001 wages draft
Book Industry Award 2020 See Note 1 MA000078 wages draft
Broadcasting, Recorded Entertainment and Cinemas Award 2020 MA000091 allowances draft MA000091 wages draft
Building and Construction General On-site Award 2020 MA000020 allowances draft MA000020 wages draft
Business Equipment Award 2020 MA000021 allowances draft MA000021 wages draft
Car Parking Award 2020 MA000095 allowances draft MA000095 wages draft
Cement, Lime and Quarrying Award 2020 MA000055 allowances draft MA000055 wages draft
Chullora Printing Award 2015 MA000127 allowances draft MA000127 wages draft
Clerks – Private Sector Award 2020 MA000002 allowances draft MA000002 wages draft (updated 24 June 2021)
Coal Export Terminals Award 2020 MA000045 allowances draft MA000045 wages draft
Concrete Products Award 2020 MA000056 allowances draft MA000056 wages draft
Contract Call Centres Award 2020 MA000023 allowances draft MA000023 wages draft
Cotton Ginning Award 2020 MA000024 allowances draft MA000024 wages draft (updated 23 June 2021)
CSIRO Enterprise Award 2016 MA000148 allowances draft MA000148 wages draft
Dredging Industry Award 2020 MA000085 allowances draft MA000085 wages draft
Educational Services (Post-Secondary Education) Award 2020 MA000075 allowances draft MA000075 wages draft (updated 23 June 2021)
Electrical, Electronic and Communications Contracting Award 2020 MA000025 allowances draft MA000025 wages draft
Food, Beverage and Tobacco Manufacturing Award 2020 MA000073 allowances draft

MA000073 wages draft

Gardening and Landscaping Services Award 2020 MA000101 allowances draft MA000101 wages draft
GrainCorp Country Operations Award 2015 MA000138 allowances draft MA000138 wages draft
Graphic Arts, Printing and Publishing Award 2020 MA000026 allowances draft MA000026 wages draft (updated 23 June 2021)
Higher Education Industry – Academic Staff – Award 2020 See Note 1 MA000006 wages draft
Higher Education Industry – General Staff – Award 2020 MA000007 allowances draft MA000007 wages draft
Horticulture Award 2020 MA000028 allowances draft MA000028 wages draft (updated 23 June 2021)
Hydrocarbons Field Geologists Award 2020 MA000064 allowances draft MA000064 wages draft
Hydrocarbons Industry (Upstream) Award 2020 MA000062 allowances draft MA000062 wages draft
Joinery and Building Trades Award 2020 MA000029 allowances draft MA000029 wages draft (updated 23 June 2021)
Journalists Published Media Award 2020 MA000067 allowances draft MA000067 wages draft
Labour Market Assistance Industry Award 2020 MA000099 allowances draft MA000099 wages draft (updated 23 June 2021)
Legal Services Award 2020 MA000116 allowances draft MA000116 wages draft
Local Government Industry Award 2020 MA000112 allowances draft MA000112 wages draft
Manufacturing and Associated Industries and Occupations Award 2020 MA000010 allowances draft MA000010 wages draft
Marine Towage Award 2020 MA000050 allowances draft MA000050 wages draft
Maritime Offshore Oil and Gas Award 2020 MA000086 allowances draft MA000086 wages draft
Market and Social Research Award 2020 MA000030 allowances draft MA000030 wages draft
Meat Industry Award 2020 MA000059 allowances draft MA000059 wages draft
Metropolitan Newspapers (South Australian and Tasmania) Printing Award 2015 MA000130 allowances draft MA000130 wages draft
Mining Industry Award 2020 MA000011 allowances draft MA000011 wages draft
Miscellaneous Award 2020 MA000104 allowances draft MA000104 wages draft
Mobile Crane Hiring Award 2020 MA000032 allowances draft MA000032 wages draft
Northern Territory News Award 2015 MA000129 allowances draft MA000129 wages draft
Note Printing Australia Award 2016 MA000156 allowances draft MA000156 wages draft
Oil Refining and Manufacturing Award 2020 MA000072 allowances draft MA000072 wages draft (updated 23 June 2021)
Optus Award 2015 See Note 1 MA000133 wages draft
Parliamentary Departments Staff Enterprise Award 2016 MA000145 allowances draft MA000145 wages draft
Passenger Vehicle Transportation Award 2020 MA000063 allowances draft MA000063 wages draft
Pastoral Award 2020 MA000035 allowances draft MA000035 wages draft
Pest Control Industry Award 2020 MA000097 allowances draft MA000097 wages draft (updated 23 June 2021)
Pharmaceutical Industry Award 2020 MA000069 allowances draft

MA000069 wages draft (updated 23 June 2021)

Plumbing and Fire Sprinklers Award 2020 MA000036 allowances draft MA000036 wages draft (updated 23 June 2021)
Port Authorities Award 2020 MA000051 allowances draft MA000051 wages draft
Ports, Harbours and Enclosed Water Vessels Award 2020 MA000052 allowances draft MA000052 wages draft
Poultry Processing Award 2020 MA000074 allowances draft

MA000074 wages draft (updated 23 June 2021)

Premixed Concrete Award 2020 ma000057 allowances draft MA000057 wages draft
Printing Industry – Herald & Weekly Times – Production Award 2015 MA000126 allowances draft MA000126 wages draft
Professional Diving Industry (Industrial) Award 2020 MA000108 allowances draft MA000108 wages draft
Professional Employees Award 2020 MA000065 allowances draft MA000065 wages draft
Queensland Newspapers Pty Ltd (Murarrie) Award 2015 MA000128 allowances draft MA000128 wages draft
Rail Industry Award 2020 MA000015 allowances draft MA000015 wages draft
Real Estate Industry Award 2020 MA000106 allowances draft MA000106 wages draft
Road Transport and Distribution Award 2020 ma000038 allowances draft MA000038 wages draft
Road Transport (Long Distance Operations) Award 2020 MA000039 allowances draft MA000039 wages draft (updated 22 June 2021)
Salt Industry Award 2020 MA000107 allowances draft MA000107 wages draft
Seafood Processing Award 2020 MA000068 allowances draft MA000068 wages draft (updated 23 June 2021)
Seagoing Industry Award 2020 MA000122 allowances draft MA000122 wages draft
Security Services Industry Award 2020 MA000016 allowances draft MA000016 wages draft
Silviculture Award 2020 MA000040 allowances draft MA000040 wages draft
Stevedoring Industry Award 2020 MA000053 allowances draft MA000053 wages draft
Storage Services and Wholesale Award 2020 MA000084 allowances draft MA000084 wages draft
Sugar Industry Award 2020 MA000087 allowances draft

MA000087 wages draft

Supported Employment Services Award 2020 MA000103 allowances draft MA000103 wages draft
Surveying Award 2020 MA000066 allowances draft MA000066 wages draft
Telecommunications Services Award 2020 MA000041 allowances draft MA000041 wages draft
Telstra Award 2015 MA000123 allowances draft MA000123 wages draft
Textile, Clothing, Footwear and Associated Industries Award 2020 MA000017 allowances draft MA000017 wages draft
Timber Industry Award 2020 MA000071 allowances draft MA000071 wages draft (updated 23 June 2021)
Transport (Cash in Transit) Award 2020 MA000042 allowances draft MA000042 wages draft
Victorian Local Government Award 2015 MA000132 allowances draft MA000132 wages draft
Victorian Public Service Award 2016 MA000135 allowances draft MA000135 wages draft
Viterra Bulk Handling and Storage of Grains, Pulses and Minerals Award 2015 MA000136 allowances draft MA000136 wages draft
Waste Management Award 2020 MA000043 allowances draft MA000043 wages draft
Wool Storage, Sampling and Testing Award 2020 MA000044 allowances draft MA000044 wages draft

Consolidated list of expense-related allowances

Commission staff have prepared a list of expense-related allowances adjusted for the applicable CPI index figure for modern awards being varied on 1 July, 1 September and 1 November 2021 (see Statement 20 May 2010).

This list can be downloaded as an Excel spreadsheet through the link below. Further information about the method of adjustment of expense-related allowances can also be downloaded through the link below.

Download

  • Expense-related allowances in modern awards 2021 (Excel)
  • Expense-related allowances guide to methods of adjustment (PDF)

National Training Wage – reference to Miscellaneous Award 2020

The operative date of wage increases for employees undertaking a traineeship under the National Training Wage (NTW) will be in accordance with the operative date set by the Expert Panel in relation to modern award minimum wages.

This includes modern awards that refer to and incorporate the terms under Schedule E of the Miscellaneous Award 2020 (Miscellaneous Award), which has an operative date of 1 July 2021.

A temporary note will be inserted into the NTW incorporation clause in awards with an operative date of 1 November 2021 and 1 September 2021 for the Retail Award. The note will direct users to the rates in Schedule E to the Miscellaneous Award as at the date of the last increase in wages. These rates will be published on a separate webpage on the Commission’s website to ensure that they are easily accessible for award users.

Award wage increase operative Draft determination to insert note Draft determination to remove note
1 September 2021 MA000004 draft – NTW note (amended 24 June 2021) MA000004 draft – NTW note removed
1 November 2021 Draft NTW – note (amended 24 June 2021) Draft – NTW note removed

Note

Note 1: There are no expense-related allowances in this modern award.

Note 2: There will be no increase to the expense-related allowances in this modern award as there was no increase in the applicable CPI index figure.

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Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 29 Dec 2022
Location on last update: https://www.fwc.gov.au/hearings-decisions/major-cases/annual-wage-reviews/annual-wage-review-2020-21/draft-determinations