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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS
awards) after first 2 years
Modern Awards Review 2012—Annual Leave
(AM2012/8, AM2012/11, AM2012/20, AM2012/23, AM2012/31, AM2012/32, AM2012/33,
AM2012/35, AM2012/36, AM2012/42, AM2012/86, AM2012/91, AM2012/92, AM2012/94,
AM2012/98, AM2012/106, AM2012/108, AM2012/113, AM2012/122, AM2012/125,
AM2012/145, AM2012/147, AM2012/150, AM2012/151, AM2012/153, AM2012/154,
AM2012/163, AM2012/165, AM2012/166, AM2012/167, AM2012/,168, AM2012/172,
AM2012/173, AM2012/177, AM2012/178, AM2012/179, AM2012/180, AM2012/181,
AM2012/195, AM2012/202, AM2012/204, AM2012/209, AM2012/216, AM2012/221,
AM2012/228, AM2012/231, AM2012/232, AM2012/235, AM2012/240, AM2012/245,
AM2012/256)
VICE PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT ACTON
DEPUTY PRESIDENT GOOLEY SYDNEY, 24 JANUARY 2014
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 - Transitional
Review - annual leave provisions in particular modern awards - modern awards objective -
Fair Work Act 2009 - Schedule 5, Item 6.
The decision issued by the Fair Work Commission on 2 September 2013 [[2013] FWCFB
6266] is corrected as follows:
1. By deleting the quote appearing at paragraph [18] and inserting the following:
“24.6 Cashing out of annual leave
(a) An employee and an employer can agree to cash out up to four weeks any
accrued annual leave of the employee provided that does not result in the employee’s
remaining accrued entitlement to paid annual leave being less than four weeks; and
(b) Upon agreement being reached for each cashing out of a particular amount of
paid annual leave then that agreement must be recorded by a separate agreement in
writing between the employer and the employee; and
(c) An employee and an employer can only agree to cash out accrued annual leave
on one occasion in every two calendar years; and
[2013] FWCFB 6266
CORRECTION TO DECISION
E AUSTRALIA FairWork Commission
[2013] FWCFB 6266
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(d) The employee must be paid at least the full agreed amount that would have
been payable to the employee had the employee taken the leave that the employee has
foregone.”
2. By deleting in its entirety the words “, Westpac Banking Corporation Limited”
appearing in the Abbreviations list, under Banks.
3. By deleting the second party listed under Appearances and inserting the following:
“M Tamvakologos with Q. Le for ANZ Banking Group Limited, Commonwealth Bank of
Australia Limited and GE Capital Finance Australasia Pty Ltd.”
VICE PRESIDENT WATSON
Printed by authority of the Commonwealth Government Printer
Price code A, PR546675
THE OF THE FAIR WORK C. SEN THE NOISS
