DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

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

MOBILE CRANE HIRING AWARD 2010
[MA000032]

4 yearly review of modern awards – common issue – payment of wages – payments on termination – Mobile Crane Hiring 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 19.5.

2. By renumbering clause 19.6 as clause 19.5.

3. By inserting a new clause 19.6 as follows:

19.6 Payment on termination of employment

(a) If the employment of an employee terminates, the employer must pay the employee the following amounts in accordance with clause 19.6:

(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii) all other amounts that are due to the employee under this award and the NES.

(b) The amounts described at clause 19.6(a)(i) must be paid to the employee:

(i) on the day of termination; or

(ii) forwarded by electronic transfer or post on the next working day.

(c) The amounts described at clause 19.6(a)(ii) must be paid to the employee:

(i) on the day of termination; or

(ii) forwarded by electronic funds transfer by no later than 7 days after the day on which the employee’s employment terminates.

(d) The requirement to pay wages and other amounts under clause 19.6(a) is subject to the employer making deductions authorised by this award or the Act.

Note 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

Note 2: State and Territory long service leave laws or long service leave entitlements under s.113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

4. 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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