The Fair Work Commission is required to review relevant terms in modern awards and how they interact with the new casual employee definition and casual conversion arrangements, under clause 48 of Schedule 1 of the Fair Work Act 2009.
After 3 years in operation, the 2021 review of family and domestic violence leave terms in modern awards will consider whether any changes to the model terms are needed.
Before 2018, the Commission was required to review all modern awards every 4 years. During a review the Commission could make new modern awards, or vary or revoke (cancel) existing modern awards.
The 4 yearly review commenced on 1 January 2014. The process was conducted in 3 stages:
Note: any variation of minimum wages as part of the modern awards review can only be based on work value reasons.
As part of the 4 yearly review of modern awards, the Commission has been reviewing penalty rates in a number of awards.
The Commission is currently considering Saturday and Sunday penalty rates applicable to casual employees covered by the Hair and Beauty Industry Award 2020.
The Commission is responsible for reviewing superannuation in relation to modern awards as part of the 4 yearly review of default fund terms of modern awards.
Part 2 of Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 required the Commission to conduct a review of all 122 industry and occupational modern awards. This review is now complete.