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It is important that employers are aware of the federal award modernisation process currently taking place. The new modern awards will come into force on 1 January 2010 but their form is being finalised now. Employers should consider whether they wish to make submissions on the form of any relevant modern awards.
The aim is for "modern" awards to complement the new National Employment Standards and contain provisions tailored to the needs of particular industries and occupations. These may affect minimum wages, types of employment, arrangements for when work is performed, overtime and penalty rates, allowances, leave related matters, superannuation and procedures for dispute settlement. Whilst there will be a smaller number of awards and those awards will be simpler than current ones, they will also have much broader application than is currently the case. The modern awards will apply primarily on an industry basis but there will also be awards dealing with occupations not caught by the industry awards. There is likely to be award coverage whether your organisation is currently: - covered by a transitional state award (NAPSA);
- a specific respondent to a federal award; or
- not a specific respondent to a federal award or covered by a transitional state award.
Stage One of the award modernisation process is to be completed by the end of this year and the whole process is to be completed by the end of 2009. Exposure drafts of Stage One awards have been published and will be finalised by 19 December 2008. The priority industries in Stage One include: - catering, liquor, accommodation and restaurants;
- clothing and textiles
- mining and higher education;
- vehicle, metal, glue and rubber production;
- private sector clerical;
- racing, rail and retail and security.
Stage Two of the process will cover the following industries: - agriculture ,building and civil construction
- cleaning and financial services;
- health and welfare services;
- information and communications technology;
- manufacturing, private transport and quarrying.
Written submissions are open on Stage Two awards until the end of October with drafts to be published by 23 January and finalised by 3 April 2009. There will be a third stage for remaining industries. The new awards are due to commence operation on 1 January 2010. You should contact us if you wish to have input into this process or would like further detail about this process. These comments obviously apply to federal system employers and not employers remaining within the state system (Queensland public servants, local governments, sole traders, partnerships, non trading corporations). |