Introduction
We are reviewing modern awards in relation to issues raised by the Minister through research and consultation.
Content
On 12 September 2023, we received a letter from the Minister for Employment and Workplace Relations. The Minister expressed the Government’s interest in:
“… the Fair Work Commission initiating a targeted review of modern awards. The desirability of a review and possible areas for focus arise from outcomes of the Jobs and Skills Summit, changes to the objects, objectives and gender equality provisions of the Fair Work Act 2009 made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, workplace recommendations of the National Cultural Policy, Revive, and the Final Report of the Senate Select Committee on Work and Care.”
Read the Minister’s letter of 12 September 2023 (pdf).
As a result, the Commission has started a process on its own initiative (AM2023/21), under section 157(3)(a) and 576(2)(aa) of the Fair Work Act, to review modern awards in relation to key issues raised by the Minister, including the usability of some awards.
During the review, a Full Bench will consider:
- the new object of the Fair Work Act and modern awards objective regarding job security and the need to improve access to secure work across the economy
- the impact of workplace relations settings on work and care, and
- award coverage and minimum standards for the arts and culture sector.
We will also consider any proposals to make modern awards easier to use.
The proposals should be confined to the 7 most commonly used awards:
- Children's Services Award 2010
- Clerks – Private Sector Award 2020
- Fast Food Industry Award 2010
- General Retail Industry Award 2020
- Hospitality Industry (General) Award 2020
- Restaurant Industry Award 2020
- Social, Community, Home Care and Disability Services Industry Award 2010
The President’s statement also outlines the process for the review, and notes that a draft timetable will be published by the end of September 2023.
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Statements
| Document description | Document date | Published date |
|---|---|---|
| Statement [2023] FWC 2481 | 26/09/2023 | 26/09/2023 |
| President's statement | 15/09/2023 | 15/09/2023 |
Notice of listing
| Document description | Document date | Published date |
|---|---|---|
| Notice of listing - 3 October 2023 | 26/09/2023 | 26/09/2023 |