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

4 yearly review of modern awards – Payment of wages –Timing of payment on termination – draft determinations.

[1] A number of matters concerning various ‘payment of wages’ terms in certain modern awards have been referred to this Full Bench for determination. A summary of the various matters is set out in a Statement issued 6 July 2016 (the 6 July Statement).

[2] Conciliation conferences were held on 27 July 2016.

[3] A further Statement with draft directions was issued on 2 August 2016 (the 2 August Statement). That statement provided interested parties with an opportunity to comment on the proposed directions.

[4] A Statement was issued on 15 August 2016 attaching final directions.

Timing of payment on termination of employment

[5] Ai Group and Australian Business Industrial and the NSW Business Chamber (ABI) are seeking to vary 10 awards to enable employers who pay by EFT to make termination payments in accordance with the normal pay cycle. These awards were set out at paragraph 11 of the 2 August Statement. Draft determinations have been filed by Ai Group and ABI in respect of each of those awards.

[6] In the 2 August Statement the Commission identified 27 other awards which also impose a timeframe for termination payments and these were set out at Attachment A to that statement and referred to this Full Bench for review.

[7] In order to facilitate the review of those particular clauses, draft variation determinations are set out at Attachment A to this statement. We note that the draft determinations do not represent the concluded (or provisional) view of the Full Bench. We note that only 25 draft determinations have been produced of the list of 27. The Wine Industry Award 2010 was included in the list produced by the Commission and this award is included as part of the Ai Group/ABI claim. Nor has a draft determination been produced for the Aluminium Industry Award 2010 which already allows for payment in the normal pay cycle on termination of employment.

[8] We note the following in relation to the draft determinations:

(i) The Plumbing and Fire Sprinklers Award 2010 and the Silviculture Award 2010 currently provide for paid waiting time where payment on termination is made outside the timeframes for payment. These provisions have been retained in the draft determinations; however, we wish to make it clear that the Full Bench does not necessarily support the retention of the paid waiting time provisions.

(ii) Some of the remaining draft determinations retain existing award terms which give rise to issues which warrant further consideration, these are:

(a) Ten awards provide for termination payments to be made by post – is it envisaged that such payments would only be by cheque or is it intended that cash could be sent by post? The awards in question are:

Black Coal Mining Industry Award 2010 – cl 16.7(a)
Building and Construction General On-Site Award 2010 – cl 31.4(a)
Electrical, Electronic and Communications Contracting Award 2010 – cl 22.3(a)
Market and Social Research Award 2010 – cl 19.5(a)
Mobile Crane Hiring Award 2010 – cl 19.5(a)
Pastoral Award 2010 – cl 16.3(a)
Plumbing and fire Sprinklers Award 2010 – cl 27.4(a)
Silviculture Award 2010 – cl 21.3(a)
Professional Diving Industry (Industrial) Award 2010 – cl 19.4(a)
Professional Diving Industry (Recreational) Award 2010 – cl 18.4(a)

We also note that a number of these awards specify that the payment be sent by post or registered post and there may be some merit in standardising the language used.

(b) Six awards provide for termination payments to be ‘forwarded’ to the former employee, but do not specify the means by which such payments are to be provided. The awards in question are:

Asphalt Industry Award 2010 (cl 19.3(a))
Meat Industry Award 2010 (cl 29.2(a))
Nursery Award 2010 (cl 22.3(a))
Pharmaceutical Industry Award 2010 (cl 21.3(a))
Seafood Processing Award 2010 (cl 21.3(a))
Vehicle Manufacturing Repair Services and Retail Award 2010 (cl 24.4(a)(ii)).

(c) The Aged Care Award 2010 (cl 17.3(a)) and the Dry Cleaning and Laundry Industry Award 2010 (cl 19.3(a)) both provide that termination monies are to be paid by ‘no later than the last day of the formal notice period’. These provisions may give rise to some uncertainty as the duration of the formal notice period may not be known to the employee. It may be preferable to specify a definite period, such as ‘within seven days of the giving of notice of termination’.

(d) The Nurses Award 2010 (cl 18.3(a)) does not specify a time period within which termination payments are to be made. The same issue arises in the Waste Management Award 2010 (cl 24.3(a)) which simply requires such payments to be paid ‘as soon as possible’.

(e) The Children’s Services Award 2010 (cl 19.3(a)) provides two time periods for the payment of termination monies – where the employee ‘lawfully leaves their employment’ and otherwise. It is not clear what is meant by ‘lawfully leaves their employment’ and nor is it clear why the timing of payment on termination should depend on the reason for termination (as noted above at (i)).

[9] The Full Bench will be seeking submissions from any interested party in respect of the issues we have identified. We are particularly interested in evidence as to the use of these provisions in practice.

Next Steps

[10] Interested parties are invited to review the draft determinations and make submissions in accordance with the Directions set out in the 15 August 2016 Statement.

[11] The hearing in respect of all payment of wages matters will be listed for 9:30 am on Friday, 21 October 2016 in Sydney. A notice of listing will follow shortly.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, PR585138>

ATTACHMENT A–Draft Determinations

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

AGED CARE AWARD 2010
[MA000018]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 17.3 and inserting the following:

17.3 Termination

(a) When notice of termination of employment has been given by an employee or an employee’s services have been terminated by an employer, payment of all wages and other moneys owing to an employee will be made to the employee by no later than the last day of the formal notice period.

(b) Despite 17.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

ASPHALT INDUSTRY AWARD 2010
[MA000054]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 19.3 and inserting the following:

19.3 Payment of wages on termination of employment

(a) On termination of employment the wages due to an employee must be paid on the day of termination or be forwarded to the employee within 2 business days after termination.

(b) Despite 19.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

BLACK COAL MINING INDUSTRY AWARD 2010
[MA000001]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 16.7 and inserting the following:

16.7

(a) 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.

(b) Despite 16.7(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2010
[MA000020]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 31.4 and inserting the following:

31.4

(a) When notice is given, all monies due to the employee must be paid at the time of termination of employment. Where this is not practicable, the employer will have two working days to send monies due to the employee by registered post.

(b) Despite 31.4(a) if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

CHILDREN’S SERVICES AWARD 2010
[MA000120]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 19.3 and inserting the following:

19.3

(a) Where an employee lawfully leaves their employment they will be paid all moneys due at the time of leaving by cash, cheque or electronic funds transfer. Alternatively, the employee may be paid on the next working day where this is reasonable.

(b) Despite 19.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

DRY CLEANING AND LAUNDRY INDUSTRY AWARD 2010
[MA000096]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 19.3 and inserting the following:

19.3 Termination

(a) When notice of termination of employment has been given by an employee or an employee’s services have been terminated by an employer, payment of all wages and other money owing to an employee will be made to the employee by no later than the last day of the formal notice period.

(b) Despite 19.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

ELECTRICAL, ELECTRONIC AND COMMUNICATIONS CONTRACTING AWARD 2010
[MA000025]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 22.3 and inserting the following:

22.3 Payment of wages on termination of employment

(a) On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.

(b) Despite 22.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

(c) 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.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

HORSE AND GREYHOUND TRAINING AWARD 2010
[MA000008]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 18.1 and inserting the following:

18.1 (a) When an employee’s employment is terminated before the usual payday, the employee must be paid all wages and holiday pay to which the employee is entitled within 24 hours of leaving the employer’s service.

(b) Despite 18.1(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

MARKET AND SOCIAL RESEARCH AWARD 2010
[MA000030]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 19.5 and inserting the following:

19.5

(a) An employer must, on request, provide to an employee on termination a detailed statement of outstanding entitlements. The wages due to an employee must be paid on the day of such termination or forwarded via post on the next working day.

(b) Despite 19.5(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the

PRESIDENT

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

MEAT INDUSTRY AWARD 2010
[MA000059]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 29.2 and inserting the following:

29.2

(a) Upon termination of employment, any wages due to an employee will be paid on the day of such termination or, at the employee’s option, forwarded to them on the next working day.

(b) Despite 29.2(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

MOBILE CRANE HIRING AWARD 2010
[MA000032]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 19.5 and inserting the following:

19.5 Termination of employment

(a) Upon termination of employment, wages due will be paid on the day of such termination or forwarded by electronic transfer or post on the next working day.

(b) Despite 19.5(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

NURSERY AWARD 2010
[MA000033]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 22.3 and inserting the following:

22.3 Payment of wages on termination of employment

(a) On termination of the employment, the wages due to an employee must be paid on the day of termination or be forwarded to the employee within 2 business days after termination.

(b) Despite 22.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

NURSES AWARD 2010
[MA000034]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 18.3 and inserting the following:

18.3

(a) When notice of termination of employment has been given by an employee or an employee’s services have been terminated by the employer, payment of all wages and other monies owing to an employee will be made to the employee.

(b) Despite 18.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

PASSENGER VEHICLE TRANSPORTATION AWARD 2010
[MA000063]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 19.3 and inserting the following:

19.3 Notwithstanding anything contained in this clause, the employer must pay to an employee who leaves or is dismissed all moneys due to the employee within two working days unless the employee is normally paid by electronic funds transfer, in which case wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

PASTORAL AWARD 2010
[MA000035]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 16.3 and inserting the following:

16.3 Payment of wages on termination of employment

(a) On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.

(b) Despite 16.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

PHARMACEUTICAL INDUSTRY AWARD 2010
[MA000069]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 21.3 and inserting the following:

21.3

(a) On termination of employment the wages due to an employee must be paid on the day of such termination or be forwarded to them within 2 business days after termination.

(b) Despite 21.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

PLUMBING AND FIRE SPRINKLERS AWARD 2010
[MA000036]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 27.4 and inserting the following:

27.4

(a)     When notice is given in accordance with clause 17—Termination of employment, monies due to the employee must be paid on the day of termination. Where this is not practicable monies will be sent by registered post on the next working day.

(b)     Waiting time will be paid as follows:

(i) where the employee gives notice, time spent waiting beyond the two working days must be paid at ordinary rates at eight hours pay per day up to one week’s pay; or

(ii)  where the employer gives notice, from termination up to the time of posting at the rate of eight hours ordinary time per day up to a maximum of one week’s pay.

(c) Despite 27.4(a) and (b), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

PROFESSIONAL DIVING INDUSTRY (INDUSTRIAL) AWARD 2010
[MA000108]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 19.4 and inserting the following:

19.4

(a) On termination of employment, wages due to employees must be paid to them on the day of such termination or forwarded to them by post on the next working day.

(b) Despite 19.4(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

PROFESSIONAL DIVING INDUSTRY (RECREATIONAL) AWARD 2010
[MA000109]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 18.4 and inserting the following:

18.4

(a) On termination of employment, wages due to employees must be paid to them on the day of such termination or forwarded to them by post on the next working day.

(b) Despite 18.4(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

RESTAURANT INDUSTRY AWARD 2010
[MA000119]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clauses 27.4 and 27.5 and inserting the following:

27.4

(a) When notice of termination of employment has been given by an employee or an employee’s services have been terminated by an employer, payment of all wages due must be made during working time, prior to the employee leaving their employment.

(b) Despite 27.4(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

SEAFOOD PROCESSING AWARD 2010
[MA000068]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 21.3 and inserting the following:

21.3 Payment of wages on termination of employment

(a) On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee within 48 hours.

(b) Despite 21.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

SILVICULTURE AWARD 2010
[MA000040]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 21.3 and inserting the following:

21.3 Payment on termination

(a) When notice is given in accordance with the NES, all money due to the employee pursuant to this award must be paid at the time of termination. Where this is not practicable monies will be sent by registered post within two clear working days of the termination.

(b) If the money is not posted within that time then any time spent waiting beyond the two working days must be paid for at ordinary rates at the rate of eight hours per day for up to one week. When this time expires, the right to waiting time will cease.

(c) Despite 21.3(a) and (b), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

TIMBER INDUSTRY AWARD 2010
[MA000071]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By inserting clause 25.3(c) as follows:

(c) Despite 25.3(a), if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

VEHICLE MANUFACTURING, REPAIR, SERVICES AND RETAIL AWARD 2010
[MA000089]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 24.4(a) and inserting the following:

(a) Upon termination of the employment, the employer will pay wages due to an employee:

(i) on the day of such termination;

(ii) by forwarding such wages to the employee on the next working day;

(iii) at the employer’s place of business on a stated day not later than seven days after such termination. If the employer requires the employee to visit such place of business to collect wages then, in addition to the amount of moneys due, the employer will pay the employee an additional four hours’ ordinary pay; or

(iv) if the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT

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

WASTE MANAGEMENT AWARD 2010
[MA000043]

4 yearly review of modern awards – payments of wages common issue – payment of wages on termination of employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX Month 2016, the above award is varied as follows:

1. By deleting clause 24.3 and inserting the following:

24.3 (a) Despite anything contained in this clause, the employer must pay to an employee who leaves or is dismissed all money due to the employee as soon as possible.

(b) If the employee is normally paid by electronic funds transfer, wages due may be transferred into the employee’s account in accordance with the usual pay cycle.

B. This determination comes into operation from XX Month 2016. 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 XX Month 2016.

PRESIDENT