Modern awards were created as part of the reforms to the workplace relations system in Australia in 2009, to establish one set of minimum conditions for employers and employees across Australia who work in the same industries or occupations.
On 1 January 2010 modern awards replaced thousands of federal and state-based awards. They cover most workplaces. The commencement of modern awards means that there have been changes to minimum terms and conditions for many employees. The changes vary by state, industry and employer.
Modern awards do not apply to an employer who is bound by an enterprise award. An enterprise award regulates the terms and conditions of employment only in the single business specified in that award.
The awards that are most likely to apply to employers in the grapegrowing and wine industries – depending on the activities that are included as part of their businesses – are:
- Wine Industry Award 2010
- Restaurant Industry Award 2010
- Clerks – Private Sector Award 2010
- Manufacturing and Associated Industries and Occupations Award 2010
- Pastoral Award 2010
- Gardening and Landscaping Services Award 2010
- Commercial Sales Award 2010
- Hospitality Industry (General) Award 2010
- Horticulture Award 2010
- Miscellaneous Award 2010
All of these Awards can be found on either the Fair Work Ombudsman or the Fair Work Australia websites. (We found the Fair Work Australia website to be easier in this case.) They are all modern awards. Employers are required to make copies of relevant awards available to their employees.
It is very important that you use the correct award as there is usually only one award that applies to a particular type of employment situation. If in doubt, contact the Fair Work Ombudsman. Employers cannot “pick and choose” which award they prefer.
Modern awards, together with the National Employment Standards (NES) and the national minimum wage orders made by Fair Work Australia, make up the safety net for employees covered by the new national workplace relations system.
This is the most widely used award for employees in grapegrowing or winemaking businesses and therefore the one you are most likely to be covered by (unless you have an enterprise agreement). Download the Wine Industry Award (2010). Note that award rates and other conditions are updated regularly by Fair Work Australia.
Note: Changes to the Wine Industry Award 2010 took effect from 20 January 2014 – learn more…
From 1 January 2010, employers and employees in the national workplace system are covered by the National Employment Standards (NES). The NES describes 10 minimum conditions that employees are entitled to. Together with pay rates in modern awards and minimum wage orders, the NES makes up the safety net that cannot be altered to the disadvantage of the employee. The NES include minimum entitlements to leave, public holidays, notice of termination and redundancy pay.
For more information on the NES, visit the Fair Work Ombudsman website.