An 'enterprise instrument' is an instrument (or document) that covers employees in a single enterprise, as defined in Items 2 and 3 of Schedule 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).
Schedule 6 of the Transitional Act required the Fair Work Commission to notify all persons covered by an enterprise instrument that they must make an application to modernise their instrument by 31 December 2013. If no application was made to modernise or terminate an enterprise instrument by that date, the enterprise instrument was terminated.
Senior Deputy President Acton issued a Statement [2013] FWC 2790 on 22 May 2013 in relation to this process.
To view applications to modernise enterprise awards go to the Enterprise award applications page. (Please note applications to modernise enterprise awards can no longer be made.)
A 'State reference public sector transitional award' is a State reference transitional award or common rule to which:
Senior Deputy President Acton issued a Statement [2013] FWC 2790 on 22 May 2013 in relation to this process.
State reference public sector transitional awards (Word) (updated 27 February 2014)
The Commission's Minimum Wages and Research Branch prepared a Research Report in 2010 (Report 6/2010) providing information about the range of transitional instruments.
Once all modern awards made under Part 10A of the Workplace Relations Act 1996 are in operation, the Commission must terminate any modernisable instruments that have been completely replaced by a modern award as soon as practicable.
An instrument is a legal document that outlines the terms and conditions of an employee's employment (such as an award).
Modernisable instruments are defined as:
Termination of some of these instruments is required by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Item 3 of Schedule 5).
A number of statements and decisions have been issued in relation to this process:
To view documents that relate to the 2011 termination of modernisable instruments proceedings go to:
This termination process is ongoing and will be completed after the Commission has dealt with all applications to modernise enterprise and State reference public sector instruments.
Commission staff have undertaken an examination of instruments to create the following lists.
These lists are intended to be indicative only. Comments can be forwarded to amod@fwc.gov.au.
Section 113 of the Fair Work Act 2009 has the effect of preserving long service leave terms in a pre-reform or state reference transitional award, regardless of whether that award has been terminated.
Commission staff have prepared a list of award-based transitional instruments relevant to the Part 10A award modernisation process that contain long service leave provisions.
This list is intended to be indicative only.
List of instruments containing long service leave provisions (Word)