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With only weeks away before the commencement of modern awards for national system employers on 1 January 2010, the Australian Industrial Relations Commission has issued a new ruling dealing with some important issues.

The ruling declares that:

  • The Miscellaneous award is a modern award designed to 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). The AIRC has now made it clear that this award will not cover managers, accountants, IT specialists or other professionals in finance, marketing, legal, HR and public relations.
  • The catering industry will remain covered by the hospitality modern award as opposed to the restaurant award.
  • There will be a real estate industry modern award covering salespersons in that industry but not clerks (clerks will be covered by the clerical modern award). The award extends to persons employed in strata and community title management.
  • There will be a local government modern award, but until State governments refer their power to make IR laws to the federal government, the coverage of this award will be confined to local government in NT.

All modern awards currently made can be found at this link:

http://www.airc.gov.au/awardmod/fullbench/awards.htm

The award modernisation process has now replaced some 1560 State and federal awards covering 93 industries and occupations with 122 modern awards.

Remember, Modern Awards commence on 1 January 2010!

Regards,

Charles Power
Editor-in-Chief
Employment Law Practical Handbook

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