About award modernisation
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What is award modernisation?
Award modernisation is the process of reviewing and rationalising awards in the national workplace relations system to create a system of 'modern awards'.
The Australian Industrial Relations Commission (AIRC) began the process in March 2008 following a formal request from the Australian Government.
By the end of 2009 more than 1500 awards had been reviewed and 122 industry and occupation awards created. These awards commenced on 1 January 2010 but most include transitional provisions to phase in changes in wages, loadings and penalties over a five-year period.
The award modernisation process is continuing under the AIRC's successor Fair Work Australia (FWA). There are a number of phases.Industry and occupation awards
AIRC—March 2008 to December 2009
In accordance with a formal Australian Government request under Part 10A of the Workplace Relations Act 1996, the AIRC was required to review two groups of federal awards that were created before 27 March 2006—pre-reform awards and notional agreements preserving state awards (NAPSAs). These awards involved industries and occupations where the employers were constitutional corporations. Modern awards created as part of this process commenced on 1 January 2010.
Enterprise awards
FWA—from July 2009 to December 2013
Under Schedule 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, applications can be made to Fair Work Australia for the modernisation of pre-reform awards and NAPSAs applying to an enterprise where the employer is a constitutional corporation. Applications can be made from 1 July 2009 until 31 December 2013. Where no application is made by 31 December 2013 the enterprise pre-reform award or NAPSA terminates on that date.
Other award modernisation processes
FWA—from 2010
As part of the move to a national system with a single set of modern awards Fair Work Australia will also:
- review state awards covering non-constitutional corporations (as a result of the referral of State industrial powers to the Commonwealth), and
- review all awards involved in the industry/occupation award modernisation process and terminate awards that have been completely replaced by a modern award.
Find out more:
- Go to the Full Bench proceedings section for documents and information related to the award modernisation process involving industry and occupation awards.
About Full Bench proceedings
The first phase of the award modernisation process was undertaken by a Full Bench of the Australian Industrial Relations Commission in four stages:
- priority industries and occupations (July–December 2008)
- Stage 2 (October 2008–April 2009)
- Stage 3 (March–September 2009)
- Stage 4 (July–December 2009).
The Full Bench proceedings section contains statements and decisions of the Full Bench, the overall timetable for award modernisation and dedicated websites for each of the above stages—accessible from the left-hand menu. When you click on the tab for a particular stage a new menu will open up providing access to documents and information related to that stage.
The next phase of the process involves a review of enterprise awards by Fair Work Australia. Documents relating to this phase can be accessed from the left-hand menu in a tab called Enterprise award applications.
You can also receive email alerts about award modernisation by subscribing to our subscriptions service.
