Home | Member Updates | Full Bench Review of fixed term provisions in HE Awards has commenced

Full bench review of fixed term provisions in HE awards has commenced


15 October 2024


Summary: The Fair Work Commission is reviewing fixed-term provisions in the Higher Education modern awards, with a hearing on 25 October 2024. AHEIA will advocate for a comprehensive review, consulting members through discussions and individual meetings.

We have previously advised members that the Fair Work Commission will review the fixed term provisions in the Higher Education modern awards in the context of the new restrictions to fixed-term employment in the Fair Work Act 2009. As you are aware, Regulations are currently in place which exempt the HE sector from the new restrictions, and this will be extended until 30 November 2025.  

Review details

A Full Bench has now been convened to commence the award review. In a statement issued on 30 September, Deputy President Slevin has indicated a provisional view that the review will deal only with fixed-term provisions under the awards, and will consider:

  • whether changes are necessary to meet the modern awards objective of improving access to secure work
  • should proceedings consider additional terms in order to give full effect to the legislative amendments?

AHEIA will represent members at a hearing on 25 October 2024 at which we will put our views on the provisional list of issues. 

AHEIA Recommendations

As discussed with members, in our view the review should be more comprehensive, and potentially include: 

  • the introduction of a continuing contingent category of employment 
  • reduction of the industry-specific voluntary redundancy provisions in the AS Award 
  • the introduction of a sessional employment category of employment. 

Support

We would like to consult with members as thoroughly as possible prior to the initial hearing date. We want to give members the opportunity to speak to us individually. If you would like to meet individually, please email legal@aheia.edu.au

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