FWC commences review into part-time employment provisions in Modern Awards
Late in July, the Fair Work Commission (FWC) flagged the commencement of a review of part-time employment provisions in certain modern awards, a matter initiated on the Commission’s own motion, and foreshadowed in the final report produced for the Modern Awards Review 2023–24 (the Review).
An FWC statement of 24 July explains that the Review resulted in an FWC Full Bench identifying award provisions which require the Commission’s “priority attention”, including undertaking a fundamental review of award provisions regulating part-time employment, which the Full Bench acknowledged has “a gendered history”.
With respect to submissions made as part of the Review, the FWC assessed, “There was no consensus… In general, employer organisations sought greater flexibility and greater control over the setting and alteration of employees’ hours, while unions focused on greater predictability and employee control over part-time hours.”
The FWC subsequently identified eleven modern awards which will be considered as part of the process, including seven of the “most commonly applied” awards under which part-time employment heavily features, such as the Children’s Services Award 2010, the Clerks—Private Sector Award 2020 and the Social, Community, Home Care and Disability Services Industry Award 2010. Modern Awards applicable in the retail, hospitality, construction and manufacturing sectors will also be examined.
The provisional view of the Full Bench is that upcoming proceedings should consider the following:
- Should a standard model for part-time employment (in place of the variety of provisions which currently exist) be established?
- How should part-time employment be defined in modern awards?
- How should part-time employment be distinguished from casual employment?
- How should part-time employees and their employers establish their agreed hours? How should these agreed hours be capable of variation?
- Should part-time employment provisions have prescribed daily and/or weekly minimum or maximum hours of work and, if so, what should those minima or maxima be?
- Under what circumstances should part-time employees be able to or be required to work additional hours? How will additional hours be authorised and recorded? In what circumstances should overtime penalties be payable?
A Directions Hearing has been set for 3 September 2025 to determine future programming of the matter.
Degree-qualified classifications also up for review
In related news, the FWC has commenced a new major case “to consider variations on work value grounds, including gender-based undervaluation grounds, to classifications in modern awards that require, as a minimum, an undergraduate university degree (professional classifications) and have pay rates that are not aligned with the C1(a) benchmark rate.”
This review process stems from the 2025 Annual Wage Review Decision. The ‘C1(a)’ comparator classification is drawn from the highest level of the Manufacturing Award, applicable to Professional Engineers and Professional Scientists.
The FWC’s newly established webpage provisionally identifies more than 20 Modern Awards which will be considered as part of the review, including the Animal Care & Veterinary Services Award 2020; the Educational Services (Schools) General Staff Award 2020; the Legal Services Award 2020 and the Professional Employees Award 2020.
Interested parties have also been invited to comment on “whether there are classifications in the identified awards for which a diploma qualification is required but which are not aligned with the equivalent level in the C10 Metals Framework, and if so, whether that classification should form part of the review.”
Initial submissions are due by 22 August 2025, with further proceedings yet to be programmed.