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[17]
[2025] FWCFB 156
General information, not legal advice.
Fair Work Commission (Full Bench)
2025-07-25
Original judgment source is linked above.
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective
Review of degree-qualified professional classifications
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.
... 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.
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.
[5] 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.
[6] 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.
[7] 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.
[8] 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 awards@fwc.gov.au, after which they will be published on the Commission's major case webpage.
Attachment A: Provisional list of the classifications requiring a university degree qualification and awards to be the subject of review
'Degree qualified' graduate engineers and commercial officers (Groups I and J) [clauses B.2.3(a)-(b)].
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].
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]
Clerical, Administrative and Professional Classifications, Levels 3-8 [Schedule A].
All classifications require undergraduate degree [clause 12].
Other classifications identify postgraduate requirements including:
Professional Engineers, Level 1-5; 'Qualified engineer' Level 1 [clause A.4]
Administrative services officer Level 3 [clause A.2.3]
All classifications in Schedules A and B, starting at Level 1 - Graduate professional [clause A.1.1].
Educational Services (Post-Secondary Education) Award 2020
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 Levels 5 to 9 [clauses C.1.8-C.1.12]
Educational Services (Schools) General Staff Award 2020
Level 1 - Trainee book editor [clause A.1.1(a)]
Level 1 - Graduate of Architecture [clauses A.1, 2]
Production and Support Staff Level 8 [clause A.10.2]
Professional / Managerial / Specialist Grade 5 [clause A.4.1]
Broadcasting and Recorded Entertainment Award 2020
Ambulance and Patient Transport Industry Award 2020
Ambulance Officer (AO) and Ambulance Paramedic (AP) [clause A.1.1].
Assistant Station Officer (ASO) [clause A.1.5]
Regional Relieving Officer (RRO) [clause A.1.6]
Clinical Support Officer (CSO) [clause A.1.10]
Veterinary surgeon - Level 1A [clause A.3.1]
Administrative Officer Grade 4 [clause A.1.4]
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