Fair Work Commission

Coronavirus (COVID-19) & the 4 yearly review

The current coronavirus (COVID-19) situation is affecting how we deal with the 4 yearly review of modern awards.

As a result, the Fair Work Commission has varied the timetable and process for finalisation of Tranche 3 Exposure Drafts. See [2020] FWCFB 1539 for the full details.

You can also read our full Coronavirus (COVID-19) updates & advice.

Introduction

In accordance with s.156 of the Fair Work Act 2009 the Fair Work Commission must review all modern awards every 4 years. As soon as practicable after 1 January 2014 the Commission will commence the first 4 yearly review of modern awards (the Modern Award Review).

From this site you can access information about the Review, including statements, decisions, transcript, submissions and associated documents. The site is updated when information and documents become available.

December 2018 Amendment Act – status of current review

On 12 December 2018 the section of the Fair Work Act 2009 covering the 4 yearly review was repealed by the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018 (Repeal Act) with effect from 1 January 2018. This means that there will not be any more 4 yearly reviews of modern awards but the Commission will complete the current review.

The Commission issued a Decision [2019] FWCFB 1044 confirming that none of the 33 enterprise awards due to commence being reviewed in 2019 can be further dealt with as part of the 4 yearly review.

Documents – December 2018 Amendment Act – status of current review

First 4 yearly review and commencement of the second review

The second 4 yearly review was due to commence as soon as practicable after 1 January 2018 (the second review). The President of the Fair Work Commission, Justice Ross, issued a Statement [2017] FWC 6623 on 11 December 2017 providing an update on the status of the current review and the commencement of the second review.

A further Statement [2018] FWC 9 was issued on 2 January 2018 confirming that the second 4 yearly review will not commence until the current review has been completed and there is an opportunity to consider how the recently reviewed modern awards are operating in practice. As a consequence of the 2018 Repeal Act there will not be a second review.

Submissions – completion of first 4 yearly review & commencement of second review