Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5,Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Modern Awards Review 2012—Award Flexibility
(AM2012/51 and others)

STATE GOVERNMENT AGENCIES ADMINISTRATION AWARD 2010
[MA000121]

Modern Awards Review 2012 –Award flexibility.

A. Further to the decision issued by the Award Flexibility Full Bench on 12 November 2013 1 it is ordered that the State Government Agencies Administration Award 2010 be varied as follows:

1. By deleting the words “Fair Work Australia”appearing in clause 2.4 and inserting “the Fair Work Commission”.

2. By deleting the words “Fair Work Australia”appearing in clause 2.5 and inserting “The Fair Work Commission”.

3. By deleting the words “Fair Work Australia”appearing in clause 2.6 and inserting “The Fair Work Commission”.

4. By deleting the definition of FWA appearing in clause 3.1.

5. By inserting at the end of clause 7.2 the following sentence:

An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

6. By inserting in clause 7.3(b) the words “at the time the agreement is made”after the words “result in the employee being better off overall”.

7. By deleting the words “four weeks’”appearing in clause 7.8(a) and inserting “13 weeks’”.

8. By inserting the following note as a new paragraph after the end of clause 7.8(b):

Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

9. By renumbering clause 7.9 as 7.10.

10. By inserting a new clause 7.9 as follows:

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

11. By deleting the words “Fair Work Australia”appearing in clause 9.2 and inserting “the Fair Work Commission”.

12. By deleting the words “Fair Work Australia”appearing in clause 9.3 and inserting “the Fair Work Commission”.

13. By deleting the words “Fair Work Australia”appearing in clause 9.4 and inserting “the Fair Work Commission”.

14. By deleting the words “Fair Work Australia”appearing in clause C.6.1 and inserting “the Fair Work Commission”.

15. By deleting the words “Fair Work Australia”wherever they appear in clause C.6.2 and inserting “the Fair Work Commission”.

B. This determination comes into operation from 4 December 2013.

SENIOR DEPUTY PRESIDENT

 1  [2013] FWCFB 8859.

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