Review of degree-qualified professional classifications

[2025] FWCFB 156

[2025] FWCFB 156

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Review of degree-qualified professional classifications

(AM2025/19)

JUSTICE HATCHER, PRESIDENT

DEPUTY PRESIDENT GRAYSON

COMMISSIONER ALLISON

DR RISSE

SYDNEY, 25 JULY 2025

Review of degree-qualified professional classifications in certain modern awards – Commission’s own initiative – provisional list of classifications identified in 22 modern awards – initial issues to be determined.

1. As foreshadowed in Annual Wage Review 2025[1] (AWR 2025 decision), the Fair Work Commission is commencing a new matter on its own initiative pursuant to s 157(3)(a) of the Fair Work Act 2009 (Cth) (FW Act) to review classifications requiring a degree qualification in modern awards. The review will be conducted by an Expert Panel constituted in accordance with ss 617(6) and 620(1B) of the FW Act.

1. The proceedings have been commenced to consider variations on work value grounds, including gender‑based undervaluation grounds, to classifications in modern awards that require, as a minimum, an undergraduate university degree (professional classifications) and have pay rates that are not aligned with the C1(a) benchmark rate.[2] The Expert Panel in the AWR 2025 decision stated:[3]

… Professional occupations, considered as a whole, are majority female (55.4 per cent). However, a much higher proportion — 69.7 per cent — of modern award-reliant professionals are female. This surpasses the threshold of 60 per cent female identified for feminised occupations in the Priority Awards Review decision and makes clear that the detriment of non-alignment with the C1(a) benchmark rate principally accrues to female professionals.

(citations omitted)

1. The AWR 2025 decision set out in detail the background to these proceedings:[4]

The issue of the non-alignment of professional classifications has been identified in a number of recent Full Bench/Expert Panel decisions as a work value or gender-based undervaluation issue that should be addressed, including the Pharmacy decision, the Teachers decision, the Stage 1 Aged Care decision, the AWR 2023 decision, the Stage 3 Aged Care decision and the Priority Awards Review decision. The minimum award wage rates for teachers covered by the Educational Services (Teachers) Award 2020, RNs in aged care covered by the Nurses Award and pharmacists covered by the Pharmacy Award have now been adjusted based on an alignment with the C1(a) benchmark rate or are in the process of phasing in such an outcome. Further, in the Priority Awards Review decision, the Expert Panel found that the minimum wage rates of health professional employees covered by the HPSS Award were the subject of gender-based undervaluation for reasons including that they were not aligned with the C1(a) benchmark rate, and provisionally proposed that a new classification structure be established based on an alignment with the C1(a) benchmark rate for Australian Qualifications Framework Level 7-qualified employees. And, as earlier noted, the Nurses and Midwives case has as a major element the establishment of a broad alignment with the C1(a) benchmark rate.

(citations omitted)

1. The proceedings may also review classifications requiring a diploma qualification that do not align with the equivalent level in the C10 Metals Framework.[5]

1. A provisional list of the classifications in 22 modern awards to be considered was provided at Appendix 2 of the AWR 2025 decision. That provisional list is reproduced in Attachment A to this Statement.

Initial issues to be considered

1. As indicated in the AWR 2025 decision, we invite interested parties to comment on the following initial issues:

(1)the provisional list of the professional classifications and awards to be the subject of the review; and

(2)whether there are classifications in the identified awards for which a diploma qualification is required but which are not aligned with the equivalent level in the C10 Metals Framework, and if so, whether that classification should form part of the review.

Next steps

1. A new major case webpage has been established for this matter: ‘Degree-qualified professional classifications review’. All material related to the case will be published on the major case webpage. Interested parties are encouraged to subscribe to receive updates.

1. Interested parties are directed to file submissions in relation to those matters by 4:00 pm (AEST) on Friday, 22 August 2025. Submissions should be sent to [email protected], after which they will be published on the Commission’s major case webpage.

PRESIDENT

Attachment A: Provisional list of the classifications requiring a university degree qualification and awards to be the subject of review

Award code	Award title	Classification name
MA000001	Black Coal Mining Industry Award 2020	‘Degree qualified’ graduate engineers and commercial officers (Groups I and J) [clauses B.2.3(a)–(b)].
MA000006	Higher Education Industry—Academic Staff—Award 2020	Teaching and research academic staff — Level A [clause A.1.1].
		Research academic staff (incl. creative disciplines) — Level A [clause A.2.1].
MA000007	Higher Education Industry—General Staff—Award 2020	Higher Education Worker Level 5 (HEW 5) [clause A.2.5] Higher Education Worker Level 6 (HEW 6) [clause A.2.6] Higher Education Worker Level 7 (HEW 7) [clause A.2.7] Higher Education Worker Level 8 (HEW 8) [clause A.2.8] Higher Education Worker Level 9 (HEW 9) [clause A.2.9] Higher Education Worker Level 10 (HEW 10) [clause A.2.10]
MA000015	Rail Industry Award 2020	Clerical, Administrative and Professional Classifications, Levels 3–8 [Schedule A].
MA000031	Medical Practitioners Award 2020	All classifications require undergraduate degree [clause 12]. Other classifications identify postgraduate requirements including: Intern [clause 12.1] Resident Medical Practitioner [clause 12.2] Career Medical Practitioner [clause 12.5]
MA000049	Airport Employees Award 2020	Professional Engineers, Level 1–5; ‘Qualified engineer’ Level 1 [clause A.4] Administrative services officer Level 3 [clause A.2.3]
MA000064	Hydrocarbons Field Geologists Award 2020	Trainee mudlogger [clause 10.1]. Competent mudlogger [clause 10.2]. Senior mudlogger [clause 10.3]. Data engineer [clause 10.4].
MA000065	Professional Employees Award 2020	All classifications in Schedules A and B, starting at Level 1 — Graduate professional [clause A.1.1].
MA000066	Surveying Award 2020	Professional surveyor [clause A.15]
MA000075	Educational Services (Post-Secondary Education) Award 2020	Level A academic teacher [clause A.7.1] Teachers employed in English language colleges or in TESOL courses categories A, B, and C [clause B.2.1] Teachers other than TESOL teachers categories A, B, and C [clause B.3.1] General Staff Level 4 [clause C.1.7(b)] General Staff Levels 5 to 9 [clauses C.1.8–C.1.12]
MA000076	Educational Services (Schools) General Staff Award 2020	Levels 5–8 [clauses A.2.5–A.2.8]
MA000078	Book Industry Award 2020	Level 1 — Trainee book editor [clause A.1.1(a)]
MA000079	Architects Award 2020	Level 1 — Graduate of Architecture [clauses A.1, 2]
MA000081	Live Performance Award 2020	Production and Support Staff Level 8 [clause A.10.2]
MA000088	Electrical Power Industry Award 2020	Professional / Managerial / Specialist Grade 5 [clause A.4.1]
MA000091	Broadcasting and Recorded Entertainment Award 2020	Performers [clause E.2.2(b)] Subtitling editor [clause A.1.1(h)]
MA000098	Ambulance and Patient Transport Industry Award 2020	Ambulance Officer (AO) and Ambulance Paramedic (AP) [clause A.1.1]. Intensive Care Paramedic [clause A.1.3] Station Officer/Team Manager [clause A.1.4] Assistant Station Officer (ASO) [clause A.1.5] Regional Relieving Officer (RRO) [clause A.1.6] Clinical Support Officer (CSO) [clause A.1.10] Communications Officer [clause A.1.13] Senior Station Officer [clause A.1.15]
MA000112	Local Government Industry Award 2020	Level 7 [clause A.7.6] Level 9 [clause A.9.6] Level 10 [clause A.10.6] Level 11 [clause A.11.6].
MA000113	Water Industry Award 2020	Level 7 [clause A.7.6]. Level 9 [clause A.9.6]. Level 10 [clause A.10.6].
MA000116	Legal Services Award 2020	Level 5 — Law Graduate [clause A.6.1].
MA000118	Animal Care and Veterinary Services Award 2020	Veterinary surgeon — Level 1A [clause A.3.1]
MA000121	State Government Agencies Award 2020	Administrative Officer Grade 4 [clause A.1.4] Technical Officer Grade 5 [clause A.2.6]. Professional Officer Grade 2 [clause A.3.2]. Professional Officer Grade 3 [clause A.3.3] Professional Officer Grade 5 [clause A.3.5]

[1]  [2025] FWCFB 3500 (‘AWR 2025 decision’).

[2]  The benchmark rate identified in paragraph [204] of the Stage 3 Aged Care decision ([2024] FWCFB 150), as adjusted by the AWR 2024 decision [2024] FWCFB 3500 and AWR 2025 decision.

[3]  [2025] FWCFB 3500 [82].

[4] Ibid [83].

[5] Ibid [84].

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