Fair Work Commission confirms variation to casual terms in Modern Awards

Fair Work Commission confirms variation to casual terms in Modern Awards

The Fair Work Commission has confirmed that it will vary casual terms in five “stage one” Modern Awards in light of the changes made to the Fair Work Act 2009 (Cth) (“FW Act”) as part of the IR Omnibus Bill.

Specifically, the retail, hospitality, manufacturing, teachers and pastoral Modern Awards will be varied to ensure the definition of casual employee and casual conversion arrangements in the Modern Awards comply with the changes to the FW Act.

This is a welcome confirmation given the current uncertainty and conflict which exists in the current drafting of the Modern Awards in comparison to the FW Act.

Determinations varying the five awards will be made on 27 September 2021 and come into operation on that day. These determinations will be in accordance with relevant draft determinations issued on 22 July 2021 which you can access here for each Modern Award: https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/casual-terms-award-review-2021/determinations

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