Which modern award applies to my employee?
A practical award-coverage workflow using agreements, industry, actual duties, coverage clauses and classifications.
Start by checking whether an in-operation registered agreement covers the employer and employee. If not, assess modern award coverage using the employer's industry and the work the employee actually performs. Read the likely award's coverage clause, exclusions and classification structure; do not decide from the job title alone.
Not sure which award to check? Find a likely modern award for your employee using your industry and the work they do.
Industry awards are generally considered before occupational awards. An employee can be award-free, but that conclusion should follow a real coverage check—not an assumption.
Work through it in this order.
Check registered agreements
Search the Fair Work Commission's current agreement records using the employer and agreement name.
Describe the business and duties
Record the employer's main industry and the employee's day-to-day tasks, skills, qualifications and responsibility.
Read coverage and exclusions
Compare the facts with clause 4 or the coverage clause of each likely award and check for specific exclusions.
Confirm the classification
Use the classification definitions—often in a schedule—to identify the level based on actual work, not the position title.
What employers often miss.
- A salary does not automatically make an employee award-free.
- An employment contract cannot displace an award that applies.
- Recheck classification when duties, qualifications or supervisory responsibility change.
Check the primary guidance.
Open any source, or first have HR OK email you the practical employer checklist for this issue.
↗Official pages can change. HR OK monitors legislation and source updates, but the facts of the particular workplace still matter.