Award modernisation - the process continues

The award modernisation continues to progress with the recent release of a further 27 modern awards by the Australian Industrial Relations Commission. These awards commence on 1 January 2010 and are relevant to a variety of industries, namely:

• Agriculture

• Building, metal and civil construction

• Cleaning services

• Financial services

• Graphic arts

• Health and welfare services (excluding social and community services)

• Information and communications technology

• Manufacturing (e.g. paint, glass and furnishing)

• Private transport industry (road, non-passenger)

• Quarrying industry

• Sanitary and garbage disposal services

The Commission included provisions in the final versions to exclude employers bound by enterprise awards or enterprise preserved state awards.

Further variations likely

The Commission also handed down a decision dealing with matters of general importance in the award modernisation process, such as variations and transitional provisions.

The Commission noted that some aspects of the modern awards will need further variation and completion before 1 January 2010. Among other things, these variations will reflect changes to the legislation. The Commission intends to consider such variations in the final quarter of 2009.

Transitional provisions

There will inevitably be transitional issues that arise for employers whose current arrangements will be replaced by a modern award from 1 January 2010. The Commission has decided that transitional provisions will be dealt in separate stages during the year. Submissions to the Commission about transitional provisions can be made up until 29 May 2009. There will also be an opportunity to comment on submissions made by other parties, with reply submissions due by 26 June 2009.
 

More modern awards to be made

The award modernisation process now advances to the third stage and the Commission will be release more exposure drafts on 22 May 2009 with respect to industries such as transport, pharmaceutical, vehicle, storage, entertainment and broadcasting. For a full listing of stage 3 industries, go to: http://www.airc.gov.au/awardmod/fullbench/industries/stage14.cfm?stage=3

Should you require advice regarding this or any other workplace matter, please call Australian Business Lawyers & Advisors: 1300 565 846.