Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 139

  (1)   A modern award may include terms about any of the following matters:

  (a)   minimum wages (including wage rates for junior employees, employees with a disability and employees to whom training arrangements apply), and:

  (i)   skill - based classifications and career structures; and

  (ii)   incentive - based payments, piece rates and bonuses;

  (b)   type of employment, such as full - time employment, casual employment, regular part - time employment and shift work, and the facilitation of flexible working arrangements, particularly for employees with family responsibilities;

  (c)   arrangements for when work is performed, including hours of work, rostering, notice periods, rest breaks and variations to working hours;

  (d)   overtime rates;

  (e)   penalty rates, including for any of the following:

  (i)   employees working unsocial, irregular or unpredictable hours;

  (ii)   employees working on weekends or public holidays;

  (iii)   shift workers;

  (f)   annualised wage arrangements that:

  (i)   have regard to the patterns of work in an occupation, industry or enterprise; and

  (ii)   provide an alternative to the separate payment of wages and other monetary entitlements; and

  (iii)   include appropriate safeguards to ensure that individual employees are not disadvantaged;

  (g)   allowances, including for any of the following:

  (i)   expenses incurred in the course of employment;

  (ii)   responsibilities or skills that are not taken into account in rates of pay;

  (iii)   disabilities associated with the performance of particular tasks or work in particular conditions or locations;

  (h)   leave, leave loadings and arrangements for taking leave;

  (i)   superannuation;

  (j)   procedures for consultation, representation and dispute settlement.

  (2)   Any allowance included in a modern award must be separately and clearly identified in the award.