On 12 February 2020 the Fair Work Commission
(Commission) amended the Miscellaneous
Award 2010 with effect from 1 July 2020. The changes extend
the coverage of this Award to traditionally award-free employees
with potentially far reaching consequences for some employers.
Existing coverage
The Miscellaneous Award is intended to be a safety net for lower
paid or less senior employees who aren't caught by the usual
industry or occupational modern awards. Clause 4.1 states:
Subject to clauses 4.2, 4.3, 4.4, 4.5 and 4.6 this award
covers employers throughout Australia and their employees in the
classifications listed in clause 14 .... who are not covered by any
other modern award.