DETERMINATION

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

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

VEHICLE REPAIR, SERVICES AND RETAIL AWARD 2020
[MA000089]

4 yearly review of modern awards – common issue – payment of wages – variation determination – Vehicle Repair, Services and Retail Award 2020

A. Further to the Full Bench decision issued by the Fair Work Commission on 14 July 2020 ([2020] FWCFB 3643) the above award is varied as follows:

1. By deleting clause 17.4.

2. By renumbering clauses 17.5 to 17.6 as clauses 17.4 to 17.5.

3. By inserting a new clause 17.6 as follows:

17.6 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(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) except where otherwise provided in clause 17.6(b) and clause 28.4(f), all other amounts that are due to the employee under this award and the NES.

(b) Where a person principally employed to perform vehicle sales-related duties is entitled to commission payments at a later date than the date of termination as prescribed in clause 28.4(e), those payments will be payable within 7 days of the delivery of the vehicle.

(c) The requirement to pay wages and other amounts under clauses 17.6(a), 17.6(b) and 28.4(f) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

(d) An employer may deduct from monies due to an employee under clause 17.6(a) such amount as is authorised in writing by the employee for a lawful purpose specified in the authority. Any such deduction must not be unreasonable in the circumstances

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: Clause 17.6(c) allows the Commission to make an order delaying the requirement to make a payment under clause 17.6. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 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.

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

B. This determination comes into operation from 21 July 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 21 July 2020.

PRESIDENT

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