Workplace Relations

26 Jul 2024

Modern Awards – Casual Employment Term

Last week, the Fair Work Commission President, Justice Hatcher, made a statement announcing proceedings on the Commission’s own initiative to determine whether modern award casual conversion provisions cause any uncertainties or difficulties in light of the Closing Loopholes amendments to the Fair Work Act.

The Commission has published provisional views on certain matters, including the standard term for offers and requests for conversion, award notes, and specific matters relating to the Meat Award. The statement also provides a sample of draft determinations reflecting their provisional views. This sample of determinations includes: 

  • General Retail Industry Award 2020; 
  • Hospitality Industry (General) Award 2020; 
  • Manufacturing and Associated Industries and Occupations Award 2020;
  • Horse and Greyhound Training Award 2020; and 
  • Pastoral Award 2020.

Interested parties are invited to respond to the Commission’s provisional views by 12:00pm on Monday, 29 July. If the Commission does not receive any submissions then they will issue final determinations in line with their provisional views.

Right to Disconnect

The Fair Work Commission’s has published a draft right to disconnect term for modern awards.

ACCI has drafted a response to the draft term. While ACCI is pleased that the FWC has opted to take a general approach to its draft term, as advocated by ACCI during the consultation process, there are still concerns with the drafting of the term. ACCI is particularly concerned that the draft term has potential to create unintended consequences that may constrain employers and limit their ability to communicate freely and flexibly with their employees.

The FWC have invited interested parties to files submissions relating to the model term by 12:00pm on Thursday 1 August 2024.







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