Modern distinctions are based on industry and occupation and generally cover employees in these specific sectors and/or professions. Some staff members may not be covered by a distinction, and in this scenario, the NES is their minimum conditions of employment. The main difference between a Modern Award and an EA is that EAs only apply to employees of a given organization. They are tailored to the company concerned and employees are negotiated internally and then approved by the FWC. Modern rewards are standardized and non-negotiable. However, an employment contract cannot legally replace the award conditions, i.e. where a supplement applies, constitutes the context of the employment contract and, if the contractual conditions are less favourable than the contract, the award conditions apply despite the contract. Modern rewards cover an entire industry or profession and offer a safety net of minimum wage rates and terms and conditions of employment. Negotiations for a multi-company agreement can only take place if two or more employers voluntarily agree to negotiate together. When a company is covered by a company agreement, the terms of a modern premium are usually no longer relevant. If the minimum wages set out in an agreement are lower than those of the corresponding modern distinction, we still advise you to get an assessment to understand whether, overall, your employees are still considered to be better off.
An employee is not “free of bonuses” only because the weekly wage or hourly rate is higher than that required by the bonus. An employee under a bonus is covered by the premium and is entitled to all the benefits indicated in the bonus, usually based on the premium rate. Working time, overtime and leave often pose problems when additional payments have to cover all entitlements, but this has not been clearly communicated to the worker. They also set minimum terms of employment in addition to any applicable Modern Prices – while they can terminate a prize, they cannot contain anything less than the NES. The Fair Work Act allows employers and employees to enter into a collective “company agreement” that can postpone the award conditions. A company agreement must be put to the vote of the staff and supported by more than 50% of the voters. . . .