Fair Work Commission

Expense-related allowances

In June each year Commission staff prepare draft determinations adjusting expense-related allowances in modern awards for the applicable CPI index figure. The determinations are published consistent with the process outlined in the Statement issued on 20 May 2010 ([2010] FWA 3857).

Multiple modern award coverage & the utility of majority clauses

As part of the Award flexibility common issue to the 4 yearly review of modern awards the Commission engaged an external research provider to conduct research into multiple modern award coverage and the utility of majority clauses.

The qualitative research was conducted with 27 employers and 19 employees covering small (5–19), medium (20–199) and large (200+) enterprises in Sydney and Melbourne. Two employee and two employer organisations also participated in the research.

• Multiple modern award coverage and the utility of majority clauses report (PDF)
• Appendices to the multiple modern award coverage and the utility of majority clauses report (PDF)

Modern awards – Citizen co-design with small business owners

The Commission has commissioned research into the usability of modern award documents for small business owners (1-19 employees) located in metropolitan and regional areas.

The report details the findings of focus groups and in depth interviews undertaken with 47 small business owners from both metropolitan and regional areas of Victoria and New South Wales.

• Citizen Co-Design with Small Business Owners (PDF)

Draft awards audit

Awards list

Commission staff have prepared a list of federal and state awards (award-based transitional instruments) which are relevant to the Part 10A award modernisation process. This list can be downloaded as an Excel spreadsheet through the link below.

This list contains industry/occupation award-based transitional instruments which are potentially affected by award modernisation. The allocation of instruments to modern awards is indicative only. The coverage clause, classifications and any exclusions contained within modern awards determine their coverage. Employers or employees seeking advice to determine which modern award they may be covered by should contact the Fair Work Ombudsman.

The first tab (Pre-reform awards and NAPSAs) lists all industry/occupation federal pre-reform awards and state awards currently operating under the national workplace relations system as Notional agreements preserving state awards (NAPSAs) and the modern award(s) which may now cover employers and employees previously bound by this award or NAPSA. The text of each award can be viewed by clicking on the code for that award.

The second tab (Modern award titles) lists all modern awards that commenced on 1 January 2010 with a link to the modern award.

The third tab (Sorted by Modern award) lists all modern awards and the pre-reform awards and NAPSAs which may have covered these employers and employees prior to the making of this modern award.

This audit is currently a draft for comment. Please email any inquiries or feedback to the Modern Awards Team at amod@fwc.gov.au.

Termination of some of these instruments is required by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Item 3 of Schedule 5).

Award-based transitional instruments

Termination of some instruments is required by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Item 3 of Schedule 5). Downloadable lists of award-based transitional instruments are available to assist those parties involved in the termination of instruments process on the Termination of instruments page.

Enterprise instruments

Commission staff have prepared a list of enterprise award-based instruments. Updated lists of are available to assist those parties involved in the termination of instruments process on the Termination of instruments page.

Lists of instruments containing long service leave & specific transitional provisions

Commission staff have prepared indicative lists of instruments that contain provisions that may be preserved in relation to long service leave, redundancy, accident pay and district allowances.

These lists of are available on the Termination of instruments page.

Comparative schedules

In 2008–09 staff prepared schedules comparing wages and conditions in a range of pre-reform awards and NAPSAs.

Any enquiries or feedback regarding the comparative schedules should be forwarded by email to amod@fwc.gov.au.

Guide to format & structure of modern awards

A Microsoft Word template and associated guide have been prepared by Commission staff to assist parties in the preparation of draft modern awards (in line with the preferred style of the Fair Work Commission).

The guide relates to style and format only. It does not purport to recommend the content of any modern award or award clause.