Modern Awards Review 2023–24: Final Report Conclusions and Next Steps
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On 18 July 2024, the Fair Work Commission (FWC) released the final report of the Modern Awards Review 2023–24, outlining significant findings across four priority areas. This review was part of a broader initiative to ensure the modern awards framework remains fair, relevant, and accessible in light of contemporary workplace conditions.
The final report consolidates extensive consultation and research conducted by the FWC, arriving at the following key conclusions:
1. Award Coverage for Arts and Cultural Workers
The FWC identified substantial coverage gaps for a range of creative professionals, including choreographers, screenwriters, composers, and visual artists. Many of these roles are not adequately covered under existing modern awards, with only limited fallback provisions under the Miscellaneous Award. The Commission concluded that further consideration is necessary to determine whether specific variations or new awards are required to address these omissions. This is a significant step toward ensuring fair industrial protections for creative professionals working in often-precarious employment contexts.
2. Employment Types and Job Security
Concerns regarding casual and part-time employment were highlighted, particularly in relation to the consistency of minimum hours, roster stability, and the increasing complexity of employment types. While no immediate award changes were proposed, the Commission found that current provisions may not sufficiently promote job security as required by the modern awards objective. As a result, further review work is recommended to assess the adequacy of award-based entitlements relating to secure employment.
3. Work and Care Responsibilities
The report acknowledged the growing need for employment arrangements that better support the reconciliation of work and caring responsibilities. While the National Employment Standards (NES) and various awards provide some support—such as flexible work provisions and parental leave—the Commission found that these do not fully reflect the current diversity of caring responsibilities, particularly in sectors like early childhood education. Targeted consideration of award variations is recommended to improve alignment with modern work-care realities.
4. Award Simplicity and Usability
Despite previous reform efforts, many modern awards remain overly complex and difficult for employers and employees to interpret. Stakeholders raised concerns about inconsistent terminology, complex drafting, and administrative burdens, particularly for small businesses. The Commission affirmed the importance of simplifying awards without diminishing entitlements and supported continued work to improve clarity, readability, and standardisation across the modern award system.
Upcoming Award Review Cases
In response to the findings, the FWC has announced six new review cases that will be progressed over the next 12 months:
- Coverage of arts and cultural workers under the Amusement, Events and Recreation Award 2020
- Inconsistencies in the Live Performance Award 2020
- Consideration and review of part-time employment arrangements, focusing on the seven awards the subject of the making awards easier to use stream.
- Introduction of working-from-home provisions in the Clerks – Private Sector Award 2020
- Review of fixed-term contract terms in higher education awards (academic and general staff)
- A comprehensive review of part-time employment provisions, scheduled for 2025
Initial hearings for Cases 3 and 4 will commence in August 2024, with Cases 1, 2, and 5 following in September 2024. The broader part-time employment case will begin in 2025.
Implications for Employers and HR Professionals
The conclusions and upcoming cases signal an important shift in how the FWC intends to modernise and refine the award system. Key implications include:
- Creative industries may soon benefit from expanded and clarified coverage, reducing ambiguity for employers.
- Employment arrangements, particularly those involving casual and part-time workers, may be subject to greater scrutiny and reform.
- Work-care provisions are likely to evolve, requiring organisations to reassess their flexible work policies and leave arrangements.
- Simplification initiatives may lead to updated award structures and language, affecting payroll systems, HR processes, and compliance strategies.
For HR professionals and business leaders, this is a critical period to stay informed and engaged with developments in the modern awards framework. Proactive preparation will ensure organisations remain compliant while supporting fair and equitable workplace practices.
Conclusion
The FWC’s final report marks a significant milestone in the ongoing evolution of Australia’s industrial relations landscape. With a clear focus on improving award coverage, job security, work-life balance, and system usability, the forthcoming review cases offer a practical pathway for meaningful reform. Employers should monitor the progress of these cases closely and seek expert guidance to navigate any resulting changes to award obligations.
If you have any questions about your modern award coverage, or updates, please contact our HR Consultants today.