Next batch of revamped Modern Awards operative from April, May 2020

Another year is racing away but, more than five years after it commenced, the 4 Yearly Review of the Modern Awards by the Fair Work Commission (FWC) is still not finished. Thankfully, the long-running process is due to reach a conclusion by the end of 2020. Around 30 re-vamped Modern Awards were released in a ‘2020’ version and came into force earlier this month; a further 39 are soon to be replaced by their ‘2020’ version and will become operative from ppc 13 April 2020 and ppc 4 May 2020.

Re-vamped Modern Awards which took effect as of ppc 4 February include the Banking, Finance & Insurance Industry Award 2020; Cement, Lime & Quarrying Award 2020 (replacing the previously separate Cement & Lime Award 2010 and the Quarrying Award 2010); Gardening & Landscaping Services Award 2020; Legal Services Award 2020; Nursery Award 2020; Premixed Concrete Award 2020; Real Estate Industry Award 2020; and, Surveying Award 2020. The Animal Care & Veterinary Services Award 2020 is also now in effect, with a slightly delayed operative date of ppc 14 February 2020. These updated awards have been made available to Subscribers in our traditional loose-leaf format earlier in the month. If you subscribe to one of these awards, please login to your online account to access the updated version of your Modern Award if you have not already done so.

From ppc 13 April 2020, Modern Awards including the Clerks – Private Sector Award 2010; the Educational Services (Post-Secondary Education) Award 2010; the Passenger Vehicle Transportation Award 2010 and the Restaurant Industry Award 2010 will all be replaced with a revised, ‘2020’ version.

From ppc 4 May 2020, Modern Awards including the Cleaning Services Award 2010; the Commercial Sales Award 2010; the Concrete Products Award 2010; the Educational Services (Schools) General Staff Award 2010; the Hospitality Industry (General) Award 2010; the Manufacturing & Associated Industries & Occupations Award 2010 (the Manufacturing Award); the Meat Industry Award 2010; the Pastoral Award 2010; the Road Transport & Distribution Award 2010; the Storage Services & Wholesale Award 2010; and the Vehicle Manufacturing, Repair, Services & Retail Award 2010 (the Vehicle Award) will all be replaced with a revised, ‘2020’ version.  

This round of re-vamped Modern Awards represent the second tranche of reviewed awards resulting from the onerous 4 Yearly Review Process. When the process eventually concludes, every Modern Award will have been replaced and will be presented in a completely new layout, reflecting terminology the Commission labels “plain language”, designed to make awards easier to read and understand.

On the whole, the most significant changes resulting from the reviewed awards generally relate to the presentation (reorganisation) of information only, with few major adjustments to content proposed. One more notable modification will see the vehicle manufacturing section of the Vehicle Award incorporated into the Manufacturing Award with the Vehicle Award becoming known as the Vehicle Repair, Services & Retail Award 2020 but the conditions of employment of affected employees will remain largely unaltered.

A major benefit of the ‘2020’ awards is the introduction of extensive wage and penalty rates tables (in schedules), reducing, if not eliminating, an employer’s need to guess at the formula for calculating particular rates. In addition, the FWC has adopted a sensible approach with respect to allowances and, moving forward, all reviewed awards will display all allowances as monetary amounts, replacing the traditional model (in place since 2010) which references many allowances (other than expense-related allowances) as a designated percentage of the “standard rate”.

ES Subscribers to the any of the Modern Awards scheduled to be replaced from April or May will be emailed the proposed 2020 version of their Modern Award during March, with priority being given to the four Modern Awards which will be replaced from April. This will give employers opportunity to familiarise themselves with their new instrument before it comes into operation. ES will of course send reminders in April and the 2020 awards will be released to Subscribers in ES’ traditional loose-leaf format after they become operative in April and May respectively.  

Popular Modern Awards for ES Subscribers such as the Social, Community, Home Care & Disability Services Industry Award 2010; Children’s Services Award 2010; Educational Services (Teachers) Award 2010; Health Professionals & Support Services Award 2010 and Nurses Award 2010 are not likely to be released in their 2020 version until later in the year. Be sure to maintain your ES subscription throughout 2020 so you don’t miss an important update to your Modern Award/s.

Note:   Modern Awards referenced in this article have been limited to awards of relevance to ES Subscribers.