Modern Awards are legally binding documents and breaches of the Awards can be prosecuted.
Fair Work Australia has introduced many standard clauses into the modern award, depending on the area of employment that they relate to and the level of income that an employee can earn. Some of the standard clauses relate to coverage, hours of work, overtime and classification structures. Determinations as to which modern award may apply to you are made by considering various factors including but not limited to the following:
- The industry;
- The nature and character of the work that the employee is required to perform;
- Whether the duties that need to be performed are covered by the award; and
- Other particular factors relating to specific awards.
The new “Miscellaneous Award” covers situations which are not covered by the other awards and can apply to, for example, managerial employees.
In the event that legislation does not apply to a particular profession, and where there is no award cover, the common law will apply. It is therefore essential to interpret the provisions of awards to ascertain which of them, if any, are relevant to an employee’s situation.
Our Sydney Employment Lawyers often analyse and interpret the modern Awards and provide employment legal advice in relation to particular circumstances and employment awards. If you wish to meet with one of our Employement Lawyers please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
Sorry, but no Articles are available at this time.
Sorry, but no FAQs are available at this time.
If you require assistance with a Employment matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney