Prior to the introduction of modern awards, a number of instruments covered terms and conditions of employment. These are now known as ‘pre-modern awards’.
Pre modern awards include:
There are some other instruments that are not considered to be pre-modern awards. These are:
- Transitional (federal) awards in Western Australia
- Division 2B State awards
- Enterprise awards.
These are not ‘pre-modern awards' because they were not replaced by modern awards on 1 January 2010.
Transitional awards cover employers who aren't otherwise covered by the national workplace relations system, but who were bound by a federal award before 27 March 2006 (e.g. because they were named in the award). Transitional awards will stop operating on 27 March 2011. Those employers and employees will then fall back to their relevant State system. As TAS, SA, NSW and QLD have referred their industrial relations powers to the Commonwealth with effect from 1 January 2010, this will only apply to WA.
Division 2B State awards are State awards that covered sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania before 1 January 2010. Division 2B State awards terminate on 31 December 2010, and employers previously covered by a Division 2B State award will generally be covered by a modern award from 1 January 2011. In most cases the conditions from the Division 2B State awards will continue to apply until the end of the full pay period commencing before 1 February 2011 (depending on the transitional arrangements in the modern award).
Enterprise awards (including State enterprise awards) are not replaced by modern awards. These will be part of the continuing award modernisation process undertaken by FWA until 31 December 2013.
Find out more:
- Definitions of each of these pre-modern awards can be found in the glossary.