Determining award coverage

The system of ‘modern awards’ operating under Pt 2-3 of the Fair Work Act 2009 (Cth) (FW Act) — along with the National Employment Standards in Pt 2-2 forms the ‘safety net’ of minimum employment conditions for employees covered by the FW Act.

There are some 122 modern awards presently in operation, applying mainly in respect of particular industries and (in some instances) specific occupational groupings. These awards were the product of the ‘award modernisation’ process carried out by the Australian Industrial Relations Commission in 2008–2009. The new modern awards replaced more than 1,500 federal and state awards. The modern awards took effect on 1 January 2010, and are now overseen by the Fair Work Commission (FWC).

A small number of employers and their employees are covered by enterprise awards and state reference public sector awards. Such instruments are dealt with in the Miscellaneous issues subtopic.

Sections 47 and 48 of the FW Act deal with the circumstances in which modern awards cover, and apply to, employers, employees and other parties (eg unions) — with differing consequences attaching to the concepts of award coverage and application. Section 143 contains further provisions relating to coverage clauses in modern awards.

See Determining award coverage.