We are hiring a new employee and are unsure what award they would fall under. How do we determine what award applies to them?
When determining award coverage for one of your employees, it is necessary to first consider whether the industry award (if any) applicable to your company has a classification covering the employee.
If the industry award does not, however, have a classification suitable for the particular employee, then the Miscellaneous Award 2020 may apply. This award typically applies to employees who:
- are not covered by any other modern award;
- are not a professional;
- are not in a class of employees who have not traditionally been covered by awards (e.g. professional employees in finance and marketing); or
- have a trade qualification and carry out duties requiring such a qualification.
The Fair Work Ombudsman (FWO) has a dedicated advice line, which will be able to provide you with clarification of award coverage for your employee. Contact the FWO via its website at www.fairwork.gov.au/contact-us or phone 13 13 94.