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) information.
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.
On 12 December 2018 the section of the Fair Work Act 2009 covering the 4 yearly review was repealed by the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018 (Repeal Act) with effect from 1 January 2018.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.
Document title | Organisation | Document date | Date uploaded |
---|---|---|---|
Decision [2019] FWCFB 1044 | 28 February 2019 | 28 February 2019 | |
Submission | Australian Public Service Commission | 15 February 2019 | 15 February 2019 |
Statement and Directions | Fair Work Commission | 25 January 2019 | 25 January 2019 |
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.
Document title | Organisation | Document date | Date uploaded |
---|---|---|---|
Submission | Flight Attendants' Association of Australia | 14 June 2018 | 14 June 2018 |
Submission | Health Services Union of Australia | 21 December 2017 | 21 December 2017 |
Submission | Business SA | 20 December 2017 | 20 December 2017 |
Submission | Australian Education Union | 20 December 2017 | 20 December 2017 |
Submission | Dental Hygienists Association of Australia | 20 December 2017 | 20 December 2017 |
Submission | Victorian Automobile Chamber of Commerce | 20 December 2017 | 20 December 2017 |
Submission | National Tertiary Education Union | 20 December 2017 | 20 December 2017 |
Submission | Australian Nursing & Midwifery Federation | 20 December 2017 | 20 December 2017 |
Submission | Australian Hotels Association | 18 December 2017 | 18 December 2017 |
Submission | Civil Contractors Federation | 18 December 2017 | 18 December 2017 |
Submission | Pharmacy Guild of Australia | 15 December 2017 | 15 December 2017 |
Submission | Australian Services Union | 15 December 2017 | 15 December 2017 |
Submission | Electrical Trades Union of Australia | 14 December 2017 | 15 December 2017 |
Submission | The Australian Workers' Union | 14 December 2017 | 15 December 2017 |
Submission | Textile Clothing & Footwear Union of Australia | 14 December 2017 | 14 December 2017 |
Submission | CFMEU – Forestry, Furnishing, Building Products and Manufacturing Division | 14 December 2017 | 14 December 2017 |
Submission | The Association of Professional Engineers, Scientists and Managers, Australia – Collieries Staff Division | 14 December 2017 | 14 December 2017 |
Submission | Australian Council of Trade Unions | 14 December 2017 | 14 December 2017 |
Submission | Australian Chamber of Commerce and Industry | 12 December 2017 | 13 December 2017 |
Submission | Australian Retailers Association | 12 December 2017 | 13 December 2017 |
Submission | Australian Industry Group | 11 December 2017 | 12 December 2017 |