Fair Work Ombudsman releases Guidance Note on modern awards

1 June 2010

The Fair Work Ombudsman today released its guidance note on how pay rates in modern awards will be phased in over the next four years.

The note details the Fair Work Ombudsman’s interpretation of transitional arrangements created by the national workplace tribunal, Fair Work Australia.

It also sets out how the Fair Work Ombudsman will apply its interpretation of these arrangements to its education and compliance activities.

While modern awards commenced on January 1, most contain Fair Work Australia’s transitional arrangements whereby certain pay-related entitlements are to be phased-in over four years from July 1.

These include minimum wage rates, casual and part-time loadings and penalty rates for weekend, public holiday and night work.

Fair Work Ombudsman Nicholas Wilson says his Agency has been consulting with unions and employer groups since the transitional arrangements were finalised by Fair Work Australia in December and following further community consultation in May, is now in a position to publish its final views.

“We have considered the views of unions and peak industry bodies along with the content of 15 submissions to improve and settle our interpretation of Fair Work Australia’s transitional arrangements, and I wish to thank all those who have contributed to the process,” Mr Wilson said.

Information on key issues, together with the Guidance Note and copies of submissions received, are today published on the Fair Work Ombudsman website.

Mr Wilson says the Fair Work Ombudsman will adopt a flexible, fair approach to enforcing compliance with the transitional arrangements of modern awards.

Tools and resources to assist employers comply with Australia’s new workplace laws are also available online, including PayCheck, which by July 1 will provide users with information about transitional pay rates for the 50 most common modern awards.

Employers or employees seeking assistance can also contact the Fair Work Infoline on 13 13 94. For translations call 13 14 50.


FWO Guidance Note 7 - Transitional arrangements in modern awards - pdf 245KB

Public consultation on Guidance Note 7

Media inquiries:

Craig Bildstien, Director, Media & Stakeholder Relations,
0419 818 484

Ryan Pedler, Media & Stakeholder Relations Senior Adviser
(03) 9954 2561, 0434 365 924

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