Announcement - A New National Industrial Relations System - which award applies

14 January 2010

The NSW Office of Industrial Relations (OIR) is providing regular updates to assist NSW private sector employers and employees who have moved to the new national industrial relations system from 1 January 2010.

The OIR website has information on transitional arrangements affecting private businesses previously operating under the State Award system.

The information below is the latest update from that office:

Which award covers my business?
All existing awards (both federal and state) have been streamlined into around 120 modern awards. If you were covered by a federal award on 31 December 2009, you must now use the appropriate modern award.

If you were covered by a NSW state award on 31 December 2009, that award has been preserved as a state reference award for a period of 12 months to 31 December 2010 and you can continue to refer to this award and use the Awards Onlinearea of the NSW Industrial Relations website. Important note � from 1 January 2011, your business will be required to use the appropriate modern award.

National Employment Standards apply to all NSW businesses from 1 January 2010
There are 10 new National Employment Standards (NES) which came into effect on 1 January 2010. All NSW businesses, whether previously covered by a federal award or a NSW state award, must apply these new standards for all their employees. For more information about the NES, visit Fair Work Online.

Take-home pay orders
Employees (or outworkers) whose take-home pay is reduced as a result of the move to a modern award may apply for a take-home pay orderfrom Fair Work Australia.

Further information may be obtained by clicking on this link.

Industrial Registrar
14 January 2010.