MA000001  PR719895
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards—Payment of wages
(AM2016/8)

BLACK COAL MINING INDUSTRY AWARD 2010
[MA000001]

Coal industry

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT GOSTENCNIK
DEPUTY PRESIDENT CLANCY
COMMISSIONER LEE
COMMISSIONER HUNT

MELBOURNE, 4 JUNE 2020

4 yearly review of modern awards – common issue – payment of wages – payments on termination – Black Coal Mining Industry Award 2010.

A. Further to the Full Bench decision issued by the Fair Work Commission on 20 May 2020 [[2020] FWCFB 1131], the above award is varied as follows:

1. By deleting clause 16.7 and inserting the following:

16.7 Upon termination of employment, wages due to an employee will be paid on the day of such termination or forwarded by post, within 72 hours, to the last address notified in writing by the employee. Provided that where payment is normally made by electronic funds transfer (EFT), the wages due to an employee may be transferred into the employee’s account within 72 hours of the termination of employment.

2. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation from 11 June 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 11 June 2020.

PRESIDENT

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