Section 139 — Fair Work Act 2009: 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.