Document ID: chunk:federal_register_of_legislation:C2025C00150:section:139
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 139
Character Range: 426062–427942

139  Terms that may be included in modern awards—general
 (1) A modern award may include terms about any of the following matters:
 (a) minimum wages (including wage rates for junior employees, employees with a disability and employees to whom training arrangements apply), and:
 (i) skill‑based classifications and career structures; and
 (ii) incentive‑based payments, piece rates and bonuses;
 (b) type of employment, such as full‑time employment, casual employment, regular part‑time employment and shift work, and the facilitation of flexible working arrangements, particularly for employees with family responsibilities;
 (c) arrangements for when work is performed, including hours of work, rostering, notice periods, rest breaks and variations to working hours;
 (d) overtime rates;
 (e) penalty rates, including for any of the following:
 (i) employees working unsocial, irregular or unpredictable hours;
 (ii) employees working on weekends or public holidays;
 (iii) shift workers;
 (f) annualised wage arrangements that:
 (i) have regard to the patterns of work in an occupation, industry or enterprise; and
 (ii) provide an alternative to the separate payment of wages and other monetary entitlements; and
 (iii) include appropriate safeguards to ensure that individual employees are not disadvantaged;
 (g) allowances, including for any of the following:
 (i) expenses incurred in the course of employment;
 (ii) responsibilities or skills that are not taken into account in rates of pay;
 (iii) disabilities associated with the performance of particular tasks or work in particular conditions or locations;
 (h) leave, leave loadings and arrangements for taking leave;
 (i) superannuation;
 (j) procedures for consultation, representation and dispute settlement.
 (2) Any allowance included in a modern award must be separately and clearly identified in the award.