Fair Work Modern Award Interpretation | Fresh HR Insights

Modern awards apply to all employees covered by the national workplace relations system.

They are industry or occupation-based and apply to employers and employees who perform work covered by the award. A modern award sets out the minimum terms and conditions of employment on top of the National Employment Standards (NES) and came into effect on 1 January 2010.

Modern awards provide entitlements such as:

  • Pay
  • Hours of work
  • Rosters
  • Breaks
  • Allowances
  • Penalty rates
  • overtime.

When modern awards don’t apply – A modern award will outline all the terms and conditions of employment for most employers and employees. If the business is covered by a registered agreement, it is usually the case that the conditions of a modern award are no longer relevant. However, if the base rates of pay in an agreement are lower than those in the relevant modern award, the base rates of pay in the modern award will apply. Some employers and employees will not be covered by an award or registered agreement. When an employee is not covered by an award or agreement, they are considered to be award an agreement free. In these situations, the National Minimum Wage and the NES will form the minimum terms and conditions of employment.

COSTS – $197.00 each  – Our Modern award Interpretations are updated bi-annually and come free for all active clients of Fresh HR Insights. If you are not an active client of Fresh HR insights we have packages to suit all budgets. From information manuals, DIY support packages to bespoke and individualized support and advice. Something to support all business sizes and budgets.

To access the option to buy click on the award that you are after and this will take you to the order area. Once payments are cleared the award interruptions will be emailed to you.

What can we do to help

We have developed a set of bi-annual award interruptions where we have detailed some of the key provisions in the Award including what sorts of businesses it covers, the different levels of employee classification under the Award, and guidance on employee entitlements. This covers the following areas;

  • Coverage
  • Classifications/ minimum rates of pay
  • Types of employment
  • Casual conversion
  • Annualized Salary Arrangements
  • When overtime applies
  • Overtime rates
  • Time in Lieu
  • Penalty rates
  • Public Holidays
  • Breaks
  • Leave and leave loading
  • Notice periods
  • Deduction from wages
  • Allowances
  • Superannuation
  • Levels in the award
Joinery and Building Trades Award [MA000029]
COVERAGE

To determine if you and your employees are covered by this award, first and foremost, you must identify with the classification definitions set out in Schedule B.  Providing you satisfy this first point, then next you need to also identify with the industries listed in point 1, and the occupations listed in point 2, with one exclusion noted in point 3.   

  1. Joinery and building trades industries:
  • Joinery Work
  • Shopfitting
  • Prefabricated building
  • Stonemasonry
  • Glass and glazing (excluding manufacture of glass from raw materials)
  1. Joinery and building trades occupations:
  • Carver
  • Letter cutter
  • Carpenter
  • Joiner
  • Signwriter
  • Painter
  • Stonemason
  • Plasterer
  1. Alternately, if you fall outside the scope of industries listed in point 1, but not the occupations listed in point 2, you may still be covered under this award, providing you are not covered by another modern award containing classifications which are more appropriate to the work your employee performs.
  2. Similarly, if you meet the requirements of this coverage, and supply labour on an on-hire basis, (that is temporarily on-hire an employee to a client), then provided that client is not covered by another modern award containing a classification which is more appropriate to the work being performed, then the employee will continue to be paid as per the Joinery and Building Trades Award 2010.

This award does not apply if:

  • You are covered by a State reference public sector award
  • You engage in the manufacture of glass from raw materials
  • You are covered by the Building and Constructions General On-Site Award 2010
  • You are covered by the Vehicle Manufacturing, Repair, Services and Retail Award 2010

 

Clerks - Private Sector Award [MA000002]

The Clerks Private Sector Award 2020 (MA000002) is an occupational award for private sector employers across a broad range of industries and covering employees who are “wholly or principally engaged in clerical work

Many industry awards include clerical classifications, in which case the industry award takes precedence.  If, however, your relevant industry award does not include clerical roles then your employees may fall under the Clerks Private Sector Award.

I say “may” because there is a grey area in terms of what is and is not considered clerical work.  It is important to note that this award does not cover all office roles, particularly more senior tasks and positions.   Having said that, you cannot make that decision based on position title alone.  As with all awards, the key factors are the duties and responsibilities undertaken.  Schedule A.1.4 Classifying employees, advices “the key issue in properly classifying an employee is the level of competency and skill that the employee is required to exercise in the work they perform, not the duties they perform as such.

In addition to the link for the “Classification Structure and Definitions” found in Schedule A of this award Clerks – Private Sector Award MA000002 , I have included a link to a classification summary table created by the Association of Consulting Architects Australia.  Their table includes a non-exhaustive list of characteristics and typical duties or skills for the first 5 pay levels of this award.   ACA Classifications-table.pdf

 

Storage Services and Wholesale Award [MA000084]

Who is covered by the Storage and Wholesale Award cover.

The Storage and Wholesale Award covers employers in the storage services and wholesale industry and their employees who fit within the classifications of the award.

The storage services and wholesale industry means:

  • receiving, handling, storing, freezing, refrigerating, bottling, packing produce, goods or merchandise
  • preparing produce, goods or merchandise for sale
  • sorting, loading, dispatching or delivering produce goods or merchandise
  • selling produce, goods or merchandise by wholesale (‘wholesale’ means the sale of items in large quantities to someone other than the final consumer).

It also includes any activities and processes that are connected, incidental or ancillary to these activities.

Examples of employees covered by the Storage and Wholesale Award include:

  • storeworkers
  • steel distributing employees
  • warehouse employees
  • wholesale employees
  • forklift or ride-on equipment operators.

The Storage and Wholesale Award also covers labour hire businesses and their employees who are placed with an organisation in the storage services and wholesale industry.

The Storage and Wholesale Award also covers labour hire businesses and their employees who are placed with an organisation in the storage services and wholesale industry.

Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

Check the award for full information on who is covered and the classification descriptions.

Graphic Arts, Printing and Publishing Award [MA000026]

Who is covered by the Graphic Arts, Printing and Publishing Award.    

The Graphic Arts Award covers employers and employees in the graphic arts, printing, publishing and associated industries and occupations.

Employees are covered if there is a classification for the work they do.

Graphic arts, printing, publishing and associated industries and occupations means:

  • composing, reading, electrotyping, stereotyping, letterpress machining, lithographic machining, lithographing, screen printing,
  • printing of all classes, slug-casting or type-casting machine attending and adjusting and/or repairing
  • type-founding
  • engraving, process engraving and/or photo engraving
  • commercial and/or lithographic designing, writing and/or drawing
  • publishing
  • book-binding, binding, paper ruling and/or paper cutting
  • paper making, paper working, calico and/or paper bag making
  • envelope making, stationery making and/or paper products working
  • embossing
  • cardboard box and carton making (including any kind of boxes and paper or cardboard containers that are used alone or
  • combined with any other materials)
  • mailing houses including
  • folding
  • paging
  • numbering
  • perforating
  • gathering
  • collating
  • inter-leaving
  • wrapping
  • sealing
  • addressing
  • mailing
  • despatching
  • stamping
  • inserting
  • security paper working
  • wire stapling
  • envelope working
  • direct mail systems working
  • addressograph work
  • paper products work
  • machine work connected to enveloping, sealing, automatic/computer addressing and/or wrapping
  • creating designs, concepts or layouts used, or intended to be used:
  • in advertising
  • in marketing commodities or service, or
  • for any other uses connected to the industry of commercial and industrial art.
  • execution of finished commercial and industrial art, that is, preparing individual components of finished art (including
  • illustrations, borders, retouching photographs, photographic reproportioning and hand or transfer lettering) and the final
  • assembly of these components (including the paste up of reproduction type, profiling illustrations, key line drawings etc.)
  • producing non-daily and daily newspapers (including any work in printing and any kindred industries)
  • commercial and industrial art that is connected to producing non-daily and daily newspapers
  • composing, imposition or assembling matter for printing
  • using cameras or scanners or transparency duplications to transfer images to obtain a relief of planographic or intaglio
  • formation for printing
  • plastics manufacturing or any of the processes connected to manufacturing plastics or goods manufactured from plastics or
  • plastic substitutes (but only if it is connected to printing)
  • despatching (if it is related to the industries covered by the Graphic Arts Award).

Examples of employees and employers covered by the Graphic Arts Award include:

  • printer
  • art and/or designing (including commercial art) employee
  • screen printer
  • machinist
  • keyboard operator/assembler
  • graphic pre-press tradesperson
  • packer and/or despatcher
  • printing machinist
  • binder and finisher
  • maintenance employee
  • stamping employee
  • embosser
  • graphic pre-press employee.

The Graphic Arts Award also covers:

  • labour hire businesses and their employees who are placed with an organisation within the industry
  • on-hire employees who fit in the classifications, if their employer isn’t covered by another award that is more appropriate.

Check the award for full information on who is covered and the classification descriptions.

Commercial Sales Award [MA000083]

Who is covered by the Commercial Sales Award.

The Commercial Sales Award covers Commercial Travellers, Merchandisers and Advertising Sales Representatives and their employers.

Commercial Travellers, Merchandisers and Advertising Sales Representatives are all people who work away (or substantially away) from the employer’s business office or location (eg. on the road).

A Commercial Traveller is someone who:

  • sells or solicits orders for articles, goods, wares, merchandise or material that is sold wholesale or resale, or will be used by the customer for producing, preparing or distributing what they will sell.

Commercial Travellers must be selling goods for wholesale sale (ie. not for retail).

An Advertising Sales Representative is someone who:

  • solicits orders, obtains sales leads or appointments, or promotes sales in other ways for advertising space or time of any kind.

A Merchandiser is someone who:

  • promotes the employer’s products,
  • re-orders stock
  • prepares display units and gondola ends.

They may also solicit orders for these products but only as a minor part of their work.

Hair and Beauty Industry Award MA000005

Who is covered by the Hair and Beauty Industry Award.

The Hair and Beauty Award covers employers in the hair and beauty industry and their employees who fit within the classifications of the award.

The hair and beauty industry includes:

  • haircutting
  • hair styling
  • shampooing
  • hair dyeing or any treatment of hair
  • shaving and beard trimming
  • wig-making
  • make-up application
  • manicuring or nail work
  • lash and brow tinting
  • facial treatments including massages and other specialised treatments such as lymphatic drainage and high frequency body treatments
  • massage and other body treatments (if it is not a health business)
  • performing or carrying out body hair removal, including waxing, chemical methods, electrolysis and laser hair removal
  • aromatherapy and the application of aromatic oils for beauty treatments.

Examples of employers and employees covered by the Hair and Beauty Award include:

  • hair and beauty salons
  • hairdressers
  • hairdressing apprentices
  • barbers
  • beauticians and beauty therapists
  • make-up artists
  • nail technicians
  • employees applying spray tan for a spray tan studio

The Hair and Beauty Award also covers labour hire businesses and their employees who are placed with an organisation in the hair and beauty industry.

 

Food, Beverage and Tobacco Manufacturing Award

Who is covered by the Food, Beverage and Tobacco Manufacturing Award.

The Food and Beverage Manufacturing Award covers employers in the food, beverage and tobacco manufacturing industry and their employee show fit within the classifications of the award.

The food, beverage and tobacco manufacturing industry includes:

  • preparing
  • cooking
  • baking
  • blending
  • brewing
  • fermenting
  • preserving
  • filleting
  • gutting
  • freezing
  • milling of food, beverage, and tobacco products, including stock feed and pet food.

It also includes related activities such as:

  • receiving, storing, and handling of ingredients and raw materials used to make food, beverage and tobacco products
  • bottling, canning, packaging, labelling, palletising, storing, packing, despatching, and preparing the products for sale
  • cleaning and sanitising of tools, equipment and machinery used to make the products.

Examples of employees and employers covered by the Food and Beverage Manufacturing Award include:

  • food processers
  • qualified tradespersons in food processing
  • producers of bottled water intended for human consumption
  • production workers.

The Food and Beverage Manufacturing Award also covers labour hire businesses and their employees who are placed within the food, beverage and tobacco industry.

Check the award for full information on who is covered and the classification descriptions.

Hospitality Industry (General) Award [MA000009]

Who is covered by the Hospitality General Industry Award.

The Hospitality Award covers employers in the hospitality industry and their employees who fit within the classifications of the award.

The hospitality industry means:

  • all types of tourist or residential accommodation including hotels, motels, serviced apartments, resorts and caravan parks
  • wine saloons, wine bars and taverns
  • caterers
  • casinos
  • nightclubs, function areas, convention facilities and restaurants that relate to an employer covered by the Hospitality Award (eg. a restaurant at a hotel).

Examples of employers and employees covered by the Hospitality Award include:

  • waiters and waitresses
  • kitchen hands
  • cooks and chefs
  • apprentice chefs
  • housekeepers, doorpersons, and concierge staff
  • front office, clerical and reception staff
  • gaming attendants
  • security officers and storepersons
  • leisure attendants
  • maintenance and gardening staff
  • managerial staff who are not senior management
  • casino staff including gaming staff, equipment technicians, security and finance officers
  • holiday apartment complexes
  • catering employees working for a catering business
  • pub owners.

The Hospitality Award also covers labour hire businesses and their employees who are placed with an organisation in the hospitality industry.

 

Banking, Finance and Insurance Award [MA000019]

In progress – contact us at paulette@freshhrinsights.com.au for details 

Cleaning Services Award [MA000022]

In progress – contact us at paulette@freshhrinsights.com.au for details 

Manufacturing and Associated Industries and Occupations Award [MA000010]

In progress – contact us at paulette@freshhrinsights.com.au for details 

Fast Food Industry Award [MA000003]

In progress – contact us at paulette@freshhrinsights.com.au for details 

General Retail Industry Award [MA000004]

In progress – contact us at paulette@freshhrinsights.com.au for details 

Miscellaneous Award [MA000104]

In progress – contact us at paulette@freshhrinsights.com.au for details 

Plumbing and Fire Sprinklers Award [MA000036]

In progress – contact us at paulette@freshhrinsights.com.au for details 

Professional Employees Award [MA000065]

In progress – contact us at paulette@freshhrinsights.com.au for details 

Sporting Organisations Award [MA000082]

In progress – contact us at paulette@freshhrinsights.com.au for details 

Vehicle Repair, Services and Retail Award [MA000089]

In progress – contact us at paulette@freshhrinsights.com.au for details 

Restaurant Industry Award [MA000119]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Disclaimer: The information provided by Fresh HR Insights in these documents is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact the team at Fresh HR Insights Pty Ltd for further advice.  

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