AWU members returning to work after the summer vacation may have queries about the new Modern Awards which came into place on New Years' Eve.

" A raft of modern industry awards began to take effect from 1 January to provide additional enforceable minimum employment terms and conditions for hundreds of thousands of other workers, including minimum wages, penalty rates, and superannuation," AWU National Secretary, Paul Howes, said.

" Many of the gains our union has won in this process are already under threat from the Federal Opposition led by Tony Abbott, who has signalled he wants to bring back a new version of WorkChoices."

Over the past 18 months the AWU National Office has been actively participating in the award modernisation process conducted by the Australian Industrial Relations Commission.

The Commission has held numerous consultations with employers and unions to determine what pre existing industrial standards should be reflected in Modern Awards.

These Modern Awards are a product of the new Fair Work Act which killed off the Howard Government's WorkChoices laws. Over 6000 awards have now been condensed into 120 national awards.

Background

From 1 January 2010 all existing award covered employees are now be covered by a Modern Award. The Modern Award will be specific to your employer's industry or your occupation.

Some terms and conditions in the Modern Award will have changed from your previous award entitlements. Changes will only effect you if your workplace conditions are determined by an award.

They will not effect workers whose conditions are governed by an enterprise agreement.

AWU members who have queries about how this might effect their workplace and coverage issues should call their AWU branch for advice.

Do the changes come into effect immediately?

No. Transitional provisions in the Modern Awards will ensure that all changes to wages and allowances will be phased in over 5 years. These will operate by phasing in a reduction or increase by 20% each year for the next 5 years.

For example if previously you were entitled to a rate of $20 per hour and the Modern Award now contains an increased rate of $25 per hour, you will not receive the full increase next year.

Instead the increase will be phased in by 20% each year for 5 years. That is on 1 July 2010 the rate will increase to $21 per hour; on 1 July 2011 it will be $22 per hour; the subsequent year $23 per hour and so on.

The new legislation also contains safeguards to prevent a loss in take home pay. If you find that you receive less take home pay as a result of the changes in the Modern Award you may be entitled to seek take home pay orders to restore your loss. The AWU is able to provide you with advice and to assist you in lodging these claims.

If you have any questions regarding which Modern Award covers you or the operation of terms and conditions in the award you should contact your AWU branch for advice.