Modern Awards

Australia's awards system guides employers and employees on workplace conditions, pay, allowances and penalty rates, leave and other entitlements, dispute resolution and more.

It is important to ensure that the correct Modern Awards are ascertained.  Some workplaces may have more than one Modern Award covering their employees depending on the industry and roles performed in the workplace.  It is important to also understand the entitlements and obligations under those Modern Awards.

Failing to comply with the relevant Modern Awards exposes employers to unpaid wages claims and possible penalties.  For advice and support, Blossom Lawyers' Holly Mylne is an expert in all facets of Modern Awards.

A workplace safety net

There are more than 120 awards currently operating in Australia and they cover most industries and occupations.  In tandem with the National Employment Standards, Modern Awards serve as a workplace safety net because they set out the minimum terms and conditions for employers and employees.  The Fair Work Commission is responsible for maintaining, reviewing and, when necessary, reforming awards.

Award reform

As an employer, you need to know which awards apply to your employees and contractors.  As an employee or contractor, you need know which award you are covered by – or if you are covered at all.  For all parties, it is essential to stay up to date on awards and awards reforms.

For the full list of Australian awards, go to Modern awards.  For details on applications to change awards, go to Award modernisation.  Another useful source is the Fair Work Ombudsman's Awards and Agreements and Fact Sheet.

Employment law firm Blossom Lawyers can help you understand and, if necessary, act upon matters related to requirements and entitlements under an applicable Modern Award.  Experienced employment lawyer Holly Mylne has a bank of knowledge on all facets of the Modern Award system.

I am an employer.  What do I need to know about Modern Awards?

As an employer, you are subject to laws, obligations and other requirements.  These govern how you run your business, the minimum terms and conditions you must meet for your employees, and your compliance across a range of business, workplace and tax matters.  You can find a list of obligations at the Department of Industry, Innovation and Science.

Modern Awards are a major factor in employment, which is why Blossom Lawyers advises speaking with our Principal, Holly Mylne, to ensure you are fully compliant and protected.  Failing to meet your obligations as an employer makes you vulnerable to legal action.  So, better to be safe than sorry.  Talk to employment law firm, Blossom Lawyers.

I am an employee.  What if I feel my award has been breached?

Being better safe than sorry applies here too.  The Modern Awards system exists to protect employees, but it cannot do so effectively if you don't familiarise yourself with the applicable Modern Award and its requirements/entitlements.  When discrepancies occur – e.g. pay, allowances and penalty rates– these may be a result of your employer also not being fully aware of the Modern Award obligations in question. 

Think of your Modern Award as another tool in your toolbox. Get to know how it works. And when you need further support, employ the expertise at Blossom Lawyers.

What if the employment relationship is not covered under a Modern Award?

There will be employees that are not covered under Modern Awards, and in those situations an employment contract will be based on common law principals.  However, national minimum wage stipulations apply to employees not covered by Modern Awards or enterprise agreements.  Contact the employment law team at Blossom Lawyers for advice on whether a Modern Award applies to your employment relationship.