AIRC Limits Scope of Miscellaneous Award
You are here:The AIRC has thankfully limited the coverage of the new omnibus Modern Miscellaneous Award. But doubt could remain in some areas previously considered award free.
As part of the award modernisation process (see ealier articles 29/9/08 and 3/9/09) and as one of its last tasks before its replacement by Fair Work Australia (FWA), the Australian Industrial Relations Commission (AIRC) was to create a new modern "catch-all" award '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)'.
Its initial draft was roundly criticised by employer groups because it appeared to cover a wide range of employees not previously subject to awards.
The AIRC has now amended its draft award to exclude many of those managerial or professional occupations traditionally considered "exempt" from awards as follows -
“4.2 The award does not cover those classes of employees who, because of the nature or seniority of their role, have not traditionally been covered by awards including managerial employees and professional employees such as accountants and finance, marketing, legal, human resources, public relations and information technology specialists.”
ERS Comment: Whilst the list for exclusion is not conclusive, its creation may actually lead to an interpretation that for some occupations not listed for exclusion that they are covered by the Modern Miscellaneous Award. There is also a general exemption from modern award coverage at a time when the employee is a "high income employee". A high income employee is defined in s 329 of the Fair Work as an employee whose guaranteed annual earnings exceed the indexed high income threshold of $108,300.
