4 yearly review of modern awards – Family Friendly Work Arrangements

In the matter of the Fair Work Commission, the respondent, and the Australian Council of Trade Unions, the applicant, the Federal Court was tasked with reviewing the Family Friendly Work Arrangements Modern Award 2018. The applicant argued that the award should be amended to include a model term for flexible working arrangements, while the respondent maintained that the existing provisions were adequate. The dispute centred on whether the modern award should incorporate a specific term addressing flexible working arrangements to promote family-friendly practices.

The central legal issue revolved around whether the Family Friendly Work Arrangements Modern Award 2018 should be amended to include a model term for flexible working arrangements. The applicant contended that such an amendment would better support employees in balancing their work and family responsibilities, whereas the respondent argued that existing provisions were sufficient and that any changes should be left to individual enterprise agreements. The court had to determine whether the award should include a model term and, if so, what the appropriate content of that term should be.

The court found that the existing provisions within the Family Friendly Work Arrangements Modern Award 2018 did not adequately address the need for flexible working arrangements, particularly in supporting employees with family responsibilities. The court recognised that while individual enterprise agreements could address flexible working arrangements, there was a benefit in having a model term within the award to provide a baseline for family-friendly practices. The court determined that the award should include a model term that allows for flexible working arrangements, thus ensuring a minimum standard of family-friendly work practices across the relevant industries.

In light of the court's determination, the Family Friendly Work Arrangements Modern Award 2018 was amended to include a model term for flexible working arrangements. This amendment aims to support employees in balancing their work and family responsibilities, reflecting the court's recognition of the importance of family-friendly practices in modern awards.