Modern Awards Review 2023–24—Discussion Paper on Work and Care
The Law Council of Australia provided a submission to the Fair Work Commission (FWC) in response to its Discussion Paper on Work and Care, as part of the Modern Awards Review 2023–24.
The Law Council acknowledges the contributions of the Industrial Law Committee of the Law Council’s Federal Dispute Resolution Section, and the Law Society of New South Wales, in the preparation of this submission.
The Law Council notes that the questions in the Discussion Paper are relevant to a variety of recommendations made in the Interim and Final Reports of the Senate Select Committee on Work and Care, released in October 2022 and March 2023, respectively. The Law Council made a submission to that inquiry in September 2022, focusing on item (c) of the Select Committee’s Terms of Reference—the adequacy of workplace laws in relation to work and care, and proposals for reform.1
In its submission to the Select Committee, the Law Council:
- supported the Commonwealth examining the potential impact of amending the National Employment Standards under Part 2-2 of the Fair Work Act 2009 (Cth) to provide for an additional entitlement to unpaid carer’s leave; and
- supported the unification of the definition of ‘carer’ across legislation and across jurisdictions.
Whilst the Law Council welcomes ongoing efforts to consider the impact of workplace relations settings on work and care, the Law Council is of the view that it is more appropriate for the relevant industry or employer bodies to respond to the individual Discussion Questions posed in respect of particular awards. Nonetheless, the Law Council would appreciate the opportunity to comment on the detail of any legislative or procedural reforms formally proposed by the Commonwealth to give effect to any of the Select Committee’s recommendations.
Read full submission below.
1 Law Council of Australia, Inquiry of the Select Committee on Work and Care (Submission, 14 September 2022)
Last Updated on 22/08/2024
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