A Full Bench of the Fair Work Commission,
Australia's national workplace relations
tribunal, has been tasked with conducting a review
of casual terms in Modern Awards to ensure they are consistent with
major industrial relations legislation introduced by the Australian
Federal Government earlier this year. As part of its review, the
Full Bench is to consider, amongst other things, whether existing
"engaged as a casual" and "paid by the hour"
type definitions in Modern Awards are consistent with the new
statutory definition for casual employees.
Under Australian law, many employees are covered by Modern
Awards. Modern Awards are instruments made by the Fair Work
Commission ("FWC") under the national
workplace relations legislation, the Fair Work Act 2009
(Cth) ("FW Act"), which set out minimum
terms and conditions of employment for employees covered by those
Awards. The Award provisions are generally in addition to the
National Employment Standards ("NES"),
the NES
