STATEMENT

Fair Work Act 2009
Clause 48 of Schedule 1

Casual terms award review 2021
(AM2021/54)

Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 –casual amendments – review of modern awards – Stage 1 awards – final determinations to be issued.

[1] On 27 March 2021 the Fair Work Act 2009 (Cth) (Act) was amended by Schedule 1 to the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth). The amendments included introducing a definition of ‘casual employee’ in s.15A of the Act and casual conversion arrangements in Division 4A of Part 2-2 of the Act.

[2] The newly inserted cl.48 of Schedule 1 to the Act requires the Commission to conduct a review (Casual Terms Review) and vary modern awards where necessary to remove inconsistencies, difficulties or uncertainties caused by the amendments to the Act.

[3] The Casual Terms Review is being conducted in 2 stages. On 16 July 2021, this Full Bench issued a decision 1 (July 2021 decision) as part of the first stage. In the decision, we considered the nature and scope of the Review, reviewed ‘relevant terms’ (as defined in cl.48) and identified award variations in an initial group of 6 modern awards (Stage 1 awards).2

[4] On 22 July 2021 we issued draft determinations for 5 of the Stage 1 awards 3 which gave effect to the variations decided in the July 2021 decision. Interested parties were invited to provide any comments on the draft determinations by 30 July 2021.

[5] Submissions commenting on the draft determinations were received from Master Grocers Australia 4 and the Housing Industry Association.5 Neither submission expressed opposition to the draft determinations.

[6] The National Farmers Federation sought and were granted a 7 day extension 6 to file comments in relation to the draft determinations. The NFF have since advised the Commission that they have determined not to file a submission.7

[7] We have decided to vary the Stage 1 awards in accordance with the relevant draft determinations issued on 22 July 2021.

[8] Determinations varying the 5 awards will be made on 27 September 2021 and come into operation on that day.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2021] FWCFB 4144.

 2   General Retail Industry Award 2020, Hospitality Industry (General) Award 2020, Manufacturing and Associated Industries and Occupations Award 2020, Educational Services (Teachers) Award 2020, Pastoral Award 2020 and the Fire Fighting Industry Award 2020.

 3   No ‘relevant terms’ were identified in the Fire Fighting Industry Award 2020.

 4   Submission, Master Grocers Australia, 28 July 2021.

 5   Submission, Housing Industry Association, 29 July 2021.

 6   Correspondence, National Farmers Federation, 29 July 2021.

 7   Correspondence, National Farmers Federation, 17 August 2021.