LEGAL ALERT: Miscellaneous Award’s coverage extended by FWC
The Miscellaneous Award 2010 (Miscellaneous Award) was created by the Fair Work Commission’s (FWC) predecessor to provide a ‘safety net’ for lower paid employees and those who are ‘modern award free’.
On 25 March 2020, the Full Bench of the FWC determined that from 1 July 2020, clause 4.3 of the Miscellaneous Award would be deleted and clause 4.2 amended as follows:
To be deleted:
[4.3] 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.
[4.2] The award does not cover managerial employees and professional employees such as accountants and finance, marketing, legal, human resources, public relations and information technology specialists.
The decision means that from 1 July, the Miscellaneous Award’s coverage will extend to employees who have traditionally been considered ‘modern award free’ (e.g. because of their seniority or lack of coverage under another modern award). For example, the FWC has indicated that security guards and cleaners not covered by the Cleaning Services Award 2010 and the Security Services Award 2010 will likely be covered by the Miscellaneous Award from 1 July.
Employers with employees traditionally considered ‘modern award free’ and not within an industry or occupational award’s coverage should assess whether the Miscellaneous Award may apply from 1 July, and if so, what implications this may have on entitlements such as overtime, penalty rates, allowances, consultation and breaks.
A copy of the Miscellaneous Award can be found via the following link: https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000104/default.htm
A copy of the Full Bench decision is accessible via the following link: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWCFB/2020/1589.html
EMA Legal can assist employers to assess whether the Miscellaneous Award has application to employees and provide other employment related advice.