Full bench to review miscellaneous award

Full bench to review miscellaneous award

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In 2018 we advised you of a case that had possible implications for employee coverage under the Miscellaneous Award 2010, as a decision had been handed down by the Fair Work Commission (FWC) that contradicted longstanding advice by the Fair Work Ombudsman.

The decision found the Award captured low paid/skilled workers not covered by another award including those who had traditionally been considered award free. The implication for employers is that those employees previously considered award free may have Award entitlements to things such as penalty rates and overtime.

Given the significance and uncertainty of this decision, FWC President Iain Ross has initiated a full bench review of the coverage provisions of the Award.

Justice Ross acknowledged the decision had exposed a number of issues concerning the coverage provisions of the Award, including whether they are “expressed in terms which provide sufficient clarity to employers and employees as to the scope of coverage”.

He said a full bench would be allocated to review the coverage provisions of the Miscellaneous Award “to give consideration to the above issues and any other issues that might be raised by interested parties”.

If you have any questions or would like to know how your workplace may be impacted, please get in touch with us on (02) 9390 5255 or email us at enquiry@ccer.catholic.org.au.

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