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ARTICLE · 08 APRIL 2013

Modern Awards Under Review

Jones Day
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Australia is currently undergoing a review of its common rule Modern Awards.

AustraliaEmployment and HR
Adam Salter
Adam Salter
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Australia is currently undergoing a review of its common rule Modern Awards. The Modern Awards were introduced in 2010 and are required to be reviewed by the Fair Work Commission ("FWC") every two years. The review commenced on 1 January 2012 and will encompass 122 different Modern Awards, staggered over four stages. As part of the process, the FWC will hear applications to change or vary existing Awards and make decisions based on those applications. The Commission has already made orders to vary certain awards, including the Clerks-Private Sector Award 2010 and the Black Coal Mining Industry Award 2010, among others.

Separately, the Prime Minister, Julia Gillard, announced during a speech she gave on 14 March 2013 that the Federal Government will amend the Fair Work Act 2009 to enshrine penalty rates, overtime, shift work loading and public holiday pay when Modern Award rates and conditions are set in Modern Award.

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