Fair Work Commission

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We are clearly (and thankfully) well past the pandemic, and yet demands for flexible and remote work press on. While the overall global trend of transforming the traditional 9-to-5 work model is consistent, laws governing flexible work arrangements can vary significantly by jurisdiction.

We monitor this space closely (see our previous update here) and advise multinational companies on a multitude of issues bearing on remote, hybrid and flexible arrangements, including health & safety rules, working time regulations, tax and employment benefit issues, cybersecurity and data privacy protections, workforce productivity monitoring and more.

Key recent updates around the globe (organized by region) include:

Asia Pacific

  • Australia: Right to disconnect – Working 9 to [to be determined…]?
    In August 2024, a Full Bench of the Fair Work Commission finalized the new “right to disconnect” model term, which will soon be inserted into all modern awards. Whilst we wait for the Fair Work Commission to issue its guidance on the new workplace right, here’s what you should know, and what we think you should do to prepare for the introduction of the right to disconnect

Continue Reading HR Trend Watch: Maintaining compliance while unlocking the talent rewards of flexible work arrangements

With special thanks to our Australian colleagues Michael Michalandos and Carmel Foley for this post. 

This briefing contains a summary of everything an employer in Australian needs to know about the operation of the award system.

Why this is important?

We have prepared this briefing because there has been a high incidence of employers in the information technology industry failing to have regard to the application of modern awards in their workforce or misunderstanding how these awards operate. In particular, many employers have issued employment contracts which do not identify the applicable award and do not contain provisions which comply with the award.

This may result in a potentially serious compliance issue which could cost the business a significant amount of money in terms of back-payments, penalties, and potential reputational damage.

What is an award?

Modern awards (or, simply, “awards”) are industrial instruments created by the Fair Work Commission (FWC) that set and regulate minimum terms and conditions of employment for certain employees in Australia. Currently, there are 122 awards and almost all businesses in Australia will employ award-covered employees. Awards operate in a similar way to legislation and their application can only be circumvented in very limited circumstances.

Who do awards cover?

Awards generally fall into one of two categories: “industry awards” or “occupational awards.” Some awards apply on both an industry and occupational basis, for example the Professional Employees Award 2010 (Professional Employees Award) which, for example, covers engineers on an occupational basis but also covers employers operating in the “information technology industry” (as defined) on an industry basis.Continue Reading A Quick & Timely Guide to the Australian Award System