Home - How to determine if an employee is covered by the Miscellaneous Award

UpdatesDec 17, 2017

How to determine if an employee is covered by the Miscellaneous Award

Having legally watertight workplace documents is essential – they’re the basis of your business. If they’re not completely up-to-speed, any employee could challenge them, take you to court and win.

By Charles Power

Dear Reader,

Having legally watertight workplace documents is essential – they’re the basis of your business. If they’re not completely up-to-speed, any employee could challenge them, take you to court and win.

That’s why it’s imperative that you know what awards your employees are covered by.

For instance, are they covered by one of the many modern awards (there are 122 of them! – listed at www.fairwork.gov.au).

A modern award is an instrument that records the minimum conditions of employment for employees it covers. These conditions are enforceable under the Fair Work Act 2009 (Cth) (FW Act).

A modern award will apply to your employees if you are a national system employer and:

However, if you are a private sector employer in Western Australia and not a constitutional corporation, the only awards that apply to you will be State awards (the coverage of which depends on their scope)

Modern awards are generally national, rather than confined to State or Territory boundaries.

Miscellaneous award

But how do you know if your employees are covered by the Miscellaneous Award?

See the following points to determine whether an employee is covered by the Miscellaneous Award. If you answer ‘yes’ to any of these statements, the Award will apply:

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