Fair Work Modern Award interpretations - Fresh HR Insights Human Resource Experts |Gold Coast | South East Queensland | Brisbane

Modern awards apply to all employees covered by the national workplace relations system.

They are industry or occupation-based and apply to employers and employees who perform work covered by the award. A modern award sets out the minimum terms and conditions of employment on top of the National Employment Standards (NES) and came into effect on 1 January 2010.

Modern awards provides entitlements such as:

  • Pay
  • Hours of work
  • Rosters
  • Breaks
  • Allowances
  • Penalty rates
  • overtime.

When modern awards don’t apply – A modern award will outline all the terms and conditions of employment for most employers and employees. If the business is covered by a registered agreement, it is usually the case that the conditions of a modern award are no longer relevant. However, if the base rates of pay in an agreement are lower than those in the relevant modern award, the base rates of pay in the modern award will apply. Some employers and employees will not be covered by an award or registered agreement. When an employee is not covered by an award or agreement, they are considered to be award an agreement free. In these situations, the National Minimum Wage and the NES will form the minimum terms and conditions of employment.

What can we do to help

We have developed a set of bi-annual award interruptions where we have detailed some of the key provisions in the Award including what sorts of businesses it covers, the different levels of employee classification under the Award, and guidance on employee entitlements. This covers the following areas;

  • Coverage
  • Classifications/ minimum rates of pay
  • Types of employment
  • Casual conversion
  • Annualized Salary Arrangements
  • When overtime applies
  • Overtime rates
  • Time in Lieu
  • Penalty rates
  • Public Holidays
  • Breaks
  • Leave and leave loading
  • Notice periods
  • Deduction from wages
  • Allowances
  • Superannuation
  • Levels in the award
Joinery and Building Trades Award [MA000029]
COVERAGE

To determine if you and your employees are covered by this award, first and foremost, you must identify with the classification definitions set out in Schedule B.  Providing you satisfy this first point, then next you need to also identify with the industries listed in point 1, and the occupations listed in point 2, with one exclusion noted in point 3.   

  1. Joinery and building trades industries:
  • Joinery Work
  • Shopfitting
  • Prefabricated building
  • Stonemasonry
  • Glass and glazing (excluding manufacture of glass from raw materials)
  1. Joinery and building trades occupations:
  • Carver
  • Letter cutter
  • Carpenter
  • Joiner
  • Signwriter
  • Painter
  • Stonemason
  • Plasterer
  1. Alternately, if you fall outside the scope of industries listed in point 1, but not the occupations listed in point 2, you may still be covered under this award, providing you are not covered by another modern award containing classifications which are more appropriate to the work your employee performs.
  2. Similarly, if you meet the requirements of this coverage, and supply labour on an on-hire basis, (that is temporarily on-hire an employee to a client), then provided that client is not covered by another modern award containing a classification which is more appropriate to the work being performed, then the employee will continue to be paid as per the Joinery and Building Trades Award 2010.

This award does not apply if:

  • You are covered by a State reference public sector award
  • You engage in the manufacture of glass from raw materials
  • You are covered by the Building and Constructions General On-Site Award 2010
  • You are covered by the Vehicle Manufacturing, Repair, Services and Retail Award 2010

Download our summary MA000029: Joinery and Building Trades Award 2010

Clerks - Private Sector Award [MA000002]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Banking, Finance and Insurance Award [MA000019]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Storage Services and Wholesale Award [MA000084]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Cleaning Services Award [MA000022]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Manufacturing and Associated Industries and Occupations Award [MA000010]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Commercial Sales Award [MA000083]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Fast Food Industry Award [MA000003]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

General Retail Industry Award [MA000004]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Graphic Arts, Printing and Publishing Award [MA000026]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Hospitality Industry (General) Award [MA000009]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Miscellaneous Award [MA000104]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Plumbing and Fire Sprinklers Award [MA000036]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Professional Employees Award [MA000065]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Restaurant Industry Award [MA000119]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Sporting Organisations Award [MA000082]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Vehicle Repair, Services and Retail Award [MA000089]

In progress – contact us at paulette@freshhrinisghts.com.au for details 

Disclaimer: The information provided by Fresh HR Insights in these documents is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact the team at Fresh HR Insights Pty Ltd for further advice.  

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