Miscellaneous Modern Award 2010
15 January 2010
In late December 2009 the Australian Industrial Relations Commission finalised all of the stage 4 Modern Award components including the Miscellaneous Award 2010.

The Miscellaneous Award 2010 commenced operation across Australia from January 1, 2010.

It is designed cover employees who are not covered by another modern award and who perform work of a similar nature to that which has historically been regulated by awards (including State awards).

However, in their final decision the Commission decided to include a new clause in this award which removes a number of managerial and professional employees completely from its coverage. Clause 4.2 provides that the award does not cover:

  • classes of employees who, because of the nature or seniority of their role, are traditionally award-free, and
  • this will include managerial employees and professional employees such as accountants and finance, marketing, legal, human resources, public relations and information technology specialists.

This amendment closely reflects the wording of the consolidated modern award request made by Julia Gillard as Minister for Employment and Workplace Relations and the wording of section 143(7) of the Fair Work Act 2009 (Cth). The guiding principles for the making of modern awards provided that the making of modern awards was not intended to extend award coverage to classes of employees, such as managers, who have not traditionally been covered.

Notwithstanding the above amendments it is our recommendation that a Guarantee of Earnings Statement should still be presented to employees in these areas who are earning over $108,300.

Click here for a copy of the Miscellaneous Modern Award 2010.
For further details, please contact:

Chris Burrell
Managing Partner
t 03 5221 8412
e chris@prosperitylegal.com.au		 Toni Badenach
Senior Consultant
t 03 5221 8414
e toni@prosperitylegal.com.au
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