Guidance Note – Federal Awards under WorkChoices and Fair Work 

Given the changes implemented as a result of the Work Choices legislation (WorkChoices) which continues to apply until the Fair Work legislation (Fair Work) comes into operation, caution needs to be exercised in respect of the applicability of federal awards. The Work Choices legislation came into full operation on 27 March 2006. It still applies until the Fair Work Act 2009 comes into full operation on 1 January 2010

There are two different types of federal awards which continue to apply until 1 January 2010:

•  Preserved awards - federal awards created before the Work Choices legislation came into operation and covering employers that are constitutional corporations (companies); and
  
• Transitional awards - federal awards created before the Work Choices legislation came into operation and covering employers that are not companies. Transitional Awards do not apply in the ACT and Northern Territory; employers in those territories are covered by pre-reform awards.

Members please read the Important Notice first for more information.