Federal Commission decides on Priority Awards; Issues Model Flexibility clause

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The AIRC has handed down its list of priority awards to be modernised, as well as releasing its proposed model award flexibility clause.
20/06/2008

The Australian Industrial Relations Commission (AIRC) has today handed down its decision on the 14 priority awards it intends modernising first, following the issuing of a modernisation instruction by the Federal Government recently.

The Commission has decided to make priority modern awards for one occupation (clerks in the private sector) and 13 industries, being:

  1. coal mining;
  2. glue and gelatine;
  3. higher education;
  4. hospitality;
  5. metal and associated industries;
  6. mining industry;
  7. racing;
  8. rail;
  9. retail;
  10. rubber, plastic and cablemaking;
  11. security;
  12. textile, clothing and footwear; and
  13. vehicle manufacturing.

The AIRC also released its wording for the model "award flexibility" clause that the Government espoused as a suitable alternative to the flexibilities many employers and employees sought via Australian Workplace Agreements, during the lead up to the Federal election.

The flexibility clause will allow written agreements on changes to -

arrangements for when work is performed;
overtime rates;
penalty rates;
allowances; and
leave loading.

However, agreements will be subject to a "no disadvantage" test similar to that under the Act for new collective agreements. As an additional protection, either party will be able to terminate the arrangement by giving 4 weeks written notice.

Decision on Request from the Minister for Employment and Workplace Relations – 28 March 2008 - Award Modernisation

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