Which award covers me, and what does it change?
48 quoted answers, each with its source
The short answer
A modern award is a legal document that outlines minimum pay rates and conditions of employment, and most awards are industry-based and generally considered before occupational awards. The Fair Work Commission started reviewing most awards in 2014 and confirmed in October 2022 that it had finalised its review; most updated awards started taking effect at different stages throughout 2020. Awards have a coverage clause, usually clause 4, outlining who the award covers and does not cover, but coverage for some jobs or industries is not always clear, and an employer can be covered by more than one award depending on the jobs employees do. A modern award cannot exclude the National Employment Standards or provide conditions less than the NES, and an employment contract cannot provide less than the legal minimum entitlements in the NES or the employee's award or agreement; a person must not contravene a term of a modern award, but a modern award imposes no obligations unless it applies to the person, and it does not apply to particular employment when an enterprise agreement applies to that employment or at a time when the employee is a high income employee.
Every part of this comes from the quotes below. How we write these.
What the rules actually say27
Quoted straight from the Fair Work Ombudsman, the Fair Work Act 2009 or the applicable modern award.
The Fair Work Ombudsman states that other workplace instruments, including an award, cannot provide for conditions that are less than the National Employment Standards.
2 quotes from 1 source
Other workplace instruments can't provide for conditions that are less than the National Employment Standards. This includes an:
These also can’t exclude the NES.
- National Employment Standards - Fair Work Ombudsman fairwork.gov.au
Fair Work Act 2009 section 45 provides that a person must not contravene a term of a modern award.
3 quotes from 1 source
A person must not contravene a term of a modern award.
This section is a civil remedy provision (see Part 4‑1).
45 Contravening a modern award A person must not contravene a term of a modern award.
- Fair Work Act 2009 legislation.gov.au
Fair Work Act 2009 section 46(1) provides that a…
- modern award does not impose obligations on a person unless the award applies to the person.
- person does not contravene a term of a modern award unless the award applies to the person.
2 quotes from 1 source
A modern award does not impose obligations on a person, and a person does not contravene a term of a modern award, unless the award applies to the person.
46 The significance of a modern award applying to a person (1) A modern award does not impose obligations on a person, and a person does not contravene a term of a modern award, unless the award applies to the person.
- Fair Work Act 2009 legislation.gov.au
Fair Work Act 2009 section 47(2) provides that a modern award does not apply to an employee at a time when the employee is a high income employee.
3 quotes from 1 source
However, a modern award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) at a time when the employee is a high income employee.
47 When a modern award applies to an employer, employee, organisation or outworker entity When a modern award applies to an employee, employer, organisation or outworker entity (1) A modern award applies to an employee, employer, organisation or outworker entity if: (a) the modern award covers the
Modern awards do not apply to high income employees (2) However, a modern award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) at a time when the employee is a high income employee.
- Fair Work Act 2009 legislation.gov.au
Fair Work Act 2009 section 55(1) prohibits a modern award or enterprise agreement from excluding the National Employment Standards or any provision of them.
3 quotes from 1 source
A modern award or enterprise agreement must not exclude the National Employment Standards or any provision of the National Employment Standards.
55 Interaction between the National Employment Standards and a modern award or enterprise agreement National Employment Standards must not be excluded (1) A modern award or enterprise agreement must not exclude the National Employment Standards or any provision of the National Employment Standards.
dards and a modern award or enterprise agreement National Employment Standards must not be excluded (1) A modern award or enterprise agreement must not exclude the National Employment Standards or any provision of the National Employment Standards.
- Fair Work Act 2009 legislation.gov.au
Fair Work Act 2009 section 136(1) requires a modern award to include only terms permitted or required by Subdivision B, Subdivision C, section 55, or Part 2-2.
6 quotes from 1 source
A modern award must only include terms that are permitted or required by:
(a) Subdivision B (which deals with terms that may be included in modern awards); or
(b) Subdivision C (which deals with terms that must be included in modern awards); or
(c) section 55 (which deals with interaction between the National Employment Standards and a modern award or enterprise agreement); or
(d) Part 2‑2 (which deals with the National Employment Standards).
A term of a modern award has no effect to the extent that it contravenes section 136.
- Fair Work Act 2009 legislation.gov.au
Fair Work Act 2009 section 57(1) provides that a modern award does not apply to an employee in relation to particular employment at a time when an enterprise agreement applies to the employee in relation to that employment.
2 quotes from 1 source
Section 57 provides that a modern award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) in relation to particular employment at a time when an enterprise agreement applies to the employee in relation to that employment.
57 Interaction between modern awards and enterprise agreements (1) A modern award does not apply to an employee in relation to particular employment at a time when an enterprise agreement applies to the employee in relation to that employment.
- Fair Work Act 2009 legislation.gov.au
Some modern awards have industry specific redundancy entitlements.
1 quote from 1 source
Some awards have industry specific redundancy entitlements which apply instead of the NES.
- A modern award is a legal document.
- A modern award outlines minimum pay rates and conditions of employment.
- A modern award is also called an award.
1 quote from 1 source
An award (modern award) is a legal document that outlines minimum pay rates and conditions of employment.
The Fair Work Ombudsman states that awards do not apply when there is an enterprise agreement in place.
The Fair Work Ombudsman states that…
- awards have a coverage clause.
- the coverage clause in awards is usually clause 4.
- the coverage clause in awards outlines who the award covers and does not cover.
1 quote from 1 source
Awards have a coverage clause (usually clause 4) outlining who the award covers and doesn’t cover.
The Fair Work Ombudsman states that an employment contract can't provide less than the legal minimum entitlements set out in the National Employment Standards or an employee's award or agreement.
1 quote from 1 source
An employment contract can’t provide less than the legal minimum entitlements set out in the NES or their award or agreement.
An employee covered by an award receives…
- entitlements from the award.
- minimum entitlements from the National Employment Standards.
1 quote from 1 source
If an employee is covered by an award, they get their entitlements from there. This is in addition to the minimum entitlements set out in the National Employment Standards (NES).
An employer can be covered by more than one award depending on the jobs the employees do.
1 quote from 1 source
An employer can be covered by more than one award depending on the jobs the employees do.
The Fair Work Ombudsman names the…
- Cleaning Award as an example of an industry award.
- Hospitality Award as an example of an industry award.
1 quote from 1 source
Examples of industry awards include the Cleaning Award and the Hospitality Award.
The Fair Work Ombudsman names the…
- Architects Award as an example of an occupational award.
- Clerks Award as an example of an occupational award.
1 quote from 1 source
Examples of occupational awards include the Architects Award and the Clerks Award.
- The Fair Work Ombudsman states that modern awards set out what steps to take if there is an issue about a term in an award or the National Employment Standards.
- The steps that modern awards set out for issues about a term in an award or the National Employment Standards are called the dispute resolution process.
1 quote from 1 source
All awards set out what steps to take if there’s an issue about the rules (term) in an award or the NES. This is called the ‘dispute resolution’ process.
The Fair Work Ombudsman cites Fair Work Act 2009 sections 12, 55, 57, 61, 139 and 143 as the source reference for its about awards page.
1 quote from 1 source
Source reference for page: Fair Work Act 2009 sections 12, 55, 57, 61, 139, 143
Measured finding2
Something someone actually measured, with the method attached.
The Fair Work Ombudsman states that most modern awards are industry-based.
1 quote from 1 source
Most awards are industry-based and should be generally considered before occupational awards.
Questions about award coverage were most markedly prominent for small businesses in the professional, scientific and technical services and other services industries.
1 quote from 1 source
Questions about award coverage were prominent across all industries, but most markedly for small businesses in the professional, scientific and technical services and other services industries.
Practical effect5
What is observed to happen in practice, as distinct from what is documented.
The Fair Work Ombudsman states that…
- the Fair Work Commission reviews the National Minimum Wage each year.
- the Fair Work Commission reviews minimum pay rates under awards each year.
- most changes begin on the first full pay period on or after 1 July.
1 quote from 1 source
Each year, the Fair Work Commission reviews both the National Minimum Wage and minimum pay rates under awards (Annual wage review). Most changes begin on the first full pay period on or after 1 July.
- Minimum wages - Fair Work Ombudsman fairwork.gov.au
The Fair Work Ombudsman states that coverage for some jobs or industries isn't always clear.
Questions about award coverage were prominent across all industries.
1 quote from 1 source
Questions about award coverage were prominent across all industries, but most markedly for small businesses in the professional, scientific and technical services and other services industries.
Changed on6
A dated change. This is where advice quietly stops being true.
The Fair Work Ombudsman states that the National Minimum Wage is…
- $26.44 per hour as of 1 July 2026.
- $1004.90 per week as of 1 July 2026.
1 quote from 1 source
As of 1 July 2026, the National Minimum Wage is $26.44 per hour or $1004.90 per week.
- Minimum wages - Fair Work Ombudsman fairwork.gov.au
The Fair Work Ombudsman states that awards and agreements can include additional right to disconnect provisions.
1 quote from 1 source
Awards and agreements can include additional right to disconnect provisions.
The Fair Work Ombudsman states that in…
- 2014 the Fair Work Commission started reviewing most awards.
- October 2022 the Fair Work Commission confirmed that it had finalised its review.
1 quote from 1 source
In 2014, the Commission started reviewing most awards. In October 2022, the Commission confirmed it had finalised its review.
The Fair Work Ombudsman states that most of the updated awards started taking effect at different stages throughout 2020.
1 quote from 1 source
Most of the updated awards started taking effect at different stages throughout 2020.
Disputed between sources2
Sources that do not agree, presented without picking a winner.
- The Fair Work Ombudsman states that awards do not apply when there is an enterprise agreement in place.
- Employsure states that where there is a registered agreement such as an enterprise agreement, the registered agreement will usually apply instead of the applicable modern award.
2 quotes from 2 sources
Awards don’t apply when there’s an enterprise agreement
Where there is a registered agreement such as an enterprise agreement, it will usually apply instead of the applicable modern award.
Often said, but we could not find it in the rules6
Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.
Employsure asserts that the National Employment Standards, which outline 11 minimum standards for employment, apply to all employees in the national workplace relations system who are covered by a modern award or registered agreement.
2 quotes from 2 sources
which outlines 11 minimum standards for employment that apply to all employees in the national workplace relations system whether or not they are covered by an award or registered agreement
Who Do National Employment Standards Apply To? All employees in the national workplace relations system under the Fair Work Act are covered, irrespective of their award, agreement or contract (however, only certain entitlements apply to casual employees).
Employsure asserts that the entitlements contained in a modern award cannot be less than the national minimum wage and the National Employment Standards.
1 quote from 1 source
The entitlements contained in a modern award cannot be less than the national minimum wage and the National Employment Standards
Employsure asserts that determining modern award coverage can be difficult because different modern awards may apply depending on the industry in which a business operates and the job types within the business.
1 quote from 1 source
Different modern awards may apply depending on the industry in which your business operates, and the job types within your business, which can make it difficult to determine modern award coverage.
Modern awards and enterprise agreements…
- may contain ancillary and supplementary terms.
- must not exclude the National Employment Standards that commenced on 1 January 2010.
- must not provide for any less generous entitlements.
1 quote from 1 source
The NES commenced on 1 January 2010 and creates safety net entitlements for all national system employees. Modern awards and enterprise agreements may contain ancillary and supplementary terms but must not exclude the NES or provide for any less generous entitlements.
- National Employment Standards | The Fair Work Act | Employsure Guides employsure.com.au