DETERMINATION

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

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

BUSINESS EQUIPMENT AWARD 2020
[MA000021]

4 yearly review of modern awards – common issue – payment of wages – variation determination – Business Equipment Award 2020.

A. Further to the Full Bench decision issued by the Fair Work Commission on 6 October 2020 ([2020] FWCFB 5275) the above award is varied as follows:

1. By deleting clause 15.4 and inserting the following:

15.4 Payment of wages on termination of employment

(a) Upon termination of employment, the employer must pay an employee the wages due to the employee for any complete or incomplete pay period up to the end of the day of termination, by the end of the next business day after the day on which the employee’s employment was terminated.

(b) Where an employee is paid under a rostered day off system and has accrued a credit towards a rostered day off such credit must be taken into account in calculating wages due on termination.

(c) All other amounts due to an employee under this award or under the NES, other than those specified under clause 15.4(a), must be paid 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 clauses 15.4(a) and 15.4(c) is subject to further order of the Commission and the employer making deductions authorised by this award or 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 them notice.

NOTE 2: Clause 15.4(d) allows the Commission to make an order delaying the requirement to make a payment under clause 15.4. 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 and cross-references accordingly.

B. This determination comes into operation from 13 October 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 13 October 2020.

PRESIDENT

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