Re. AM2016/8 Payment of Wages Payment of Wages on Termination Proposals to Vary Modern Awards

Transcription

1 21 September 2018 The Hon. Justice Ross, President Fair Work Commission 11 Exhibition Street Melbourne VIC 3000 By Dear Justice Ross, Re. AM2016/8 Payment of Wages Payment of Wages on Termination Proposals to Vary Modern Awards We refer to the above matter and a statement 1 issued by the Fair Work Commission (Commission) on 21 August 2018 (Statement). At paragraph [16] of the Statement, [a]ny party wishing to press for the variation of one of the [remaining 22] awards to insert the model term was directed to file an application by 4pm on 21 September Accordingly, we write to advise that the Australian Industry Group (Ai Group) is seeking a variation to the following awards, as set out in the draft determinations attached to this correspondence: 1. The Aged Care Award 2010; 2. The Black Coal Mining Industry Award 2010; 3. The Building and Construction General On-Site Award 2010; 4. The Business Equipment Award 2010; 5. The Electrical, Electronic and Communications Contracting Award 2010; 6. The Food, Beverage and Tobacco Manufacturing Award 2010; 7. The Graphic Arts, Printing and Publishing Award 2010; 8. The Manufacturing and Associated Industries and Occupations Award 2010; 9. The Meat Industry Award 2010; 10. The Mobile Crane Hiring Award 2010; 11. The Plumbing and Fire Sprinklers Award 2010; 12. The Road Transport (Long Distance Operations) Award 2010; 13. The Road Transport and Distribution Award 2010; and 14. The Seafood Processing Award In each instance, the draft determinations propose the deletion of the current award term dealing with payment of wages on termination and the insertion of the model clause determined by the Commission in its decision 2 of 17 July The proposed variations have been developed in light of the context of the Payment of Wages proceedings to the extent that they have related to the payment of wages on termination. Specifically: The Commission s directions (cited above) do not contemplate the filing of applications that seek a variation in terms that differ from the model clause. 1 4 yearly review of modern awards Payment of Wages [2018] FWC yearly review of modern awards Payment of Wages [2018] FWCFB 3566 at [119].

2 The Commission has, at an earlier stage in the proceedings, considered and dealt with arguments made by Ai Group and other employer associations in support of various issues concerning payment on termination, such as the ability to make payments on termination in accordance with the usual pay cycle. Ai Group intends to deal with this issue in further detail in any submissions it files in support of the proposals attached. The Commission s directions at paragraph [16] of the Statement expressly requires interested parties to file an application. Whilst it is not clear whether the Commission s direction in fact requires the filing of an application form given that the 4 yearly award review is not an application-driven process, in light of the manner in which the direction is cast and for abundance of caution, we also attach a Form F1 Application. The Vehicle Manufacturing, Repair, Services and Retail Award 2010 The Vehicle Manufacturing, Repair, Services and Retail Award 2010 (Vehicle Award) is one of the 22 awards referenced by the Commission at paragraph [16] of the Statement. The Australian Manufacturing Workers Union (AMWU) and the Motor Trades Organisations (MTO) filed submissions on 7 September 2018 concerning the Vehicle Award. Each submission sets out a proposed clause, which would replace the relevant existing award term. We understand that the AMWU and MTO had discussed the relevant issues prior to the filing of their respective positions and that as a result, their proposals reflect broad agreement between the aforementioned parties. Ai Group was not involved in those discussions. Nonetheless, we understand that the intention of the proposals put is to deal with awardspecific issues such as the payment of commission to vehicle salespersons. Ai Group has had some preliminary discussions with the AWMU regarding these issues since the filing of their proposal. We have not, however, had an opportunity to properly ventilate the relevant issues with the union, as the relevant AMWU officer with carriage of the matter has been absent on leave since the union filed the aforementioned proposal. Ai Group considers that the issues raised by the AMWU and MTOs potentially warrant a variation to the Vehicle Award in terms that differ from the Commission s model term. Accordingly, the application attached does not seek a variation to the Vehicle Award to insert the model term. Rather, we intend to have further discussions with the AMWU and MTOs about the proposals they have filed and may seek an opportunity to be heard in relation to them, or in respect of the payment of wages term in the Vehicle Award more generally, in due course. Yours sincerely, Brent Ferguson National Manager Workplace Relations Policy and Advocacy Ruchi Bhatt Senior Adviser Workplace Relations Policy 2

3 FAIR WORK COMMISSION Form F1 Application (no specific form provided) Form F1 Application (no specific form provided) Fair Work Commission Rules 2013, subrule 8(3) and Schedule 1 This is an application to the Fair Work Commission. The Applicant These are the details of the person who is making the application. Title [ ] Mr [ ] Mrs [ ] Ms [ ] Other please specify: First name(s) Surname Postal address Suburb Level 2, 51 Walker Street North Sydney State or territory NSW Postcode 2060 Phone number (02) Fax number (02) address Brent.Ferguson@aigroup.com.au If the Applicant is a company or organisation please also provide the following details Legal name of business Trading name of business The Australian Industry Group The Australian Industry Group ABN Contact person Brent Ferguson How would you prefer us to communicate with you? [ X ] (you will need to make sure you check your account regularly) [ ] Post Does the Applicant have a representative? A representative is a person or business who is representing the Applicant. This might be a lawyer, a union or a family member or friend who will speak on behalf of the Applicant. There is no requirement to have a representative. [ ] Yes Provide representative s details below [ X ] No Fair Work Commission Approved Forms approved 3 September /4

4 FAIR WORK COMMISSION Form F1 Application (no specific form provided) Applicant s representative These are the details of the person or business who is representing the Applicant. Name of person Firm, union or company Postal address Suburb State or territory Phone number Postcode Fax number address The Respondent These are the details of the person or business who will be responding to your application to the Commission. Title [ ] Mr [ ] Mrs [ ] Ms [ ] Other please specify: First name(s) Surname Postal address Suburb State or territory Phone number Postcode Fax number address If the respondent is a company or organisation please also provide the following details Legal name of business Not applicable Trading name of business ABN/ACN Contact person 1. The Application 1.1 Please set out the provision(s) of the Fair Work Act 2009 (or any other relevant legislation) under which you are making this application. Not applicable. The application is made in the context of the 4 yearly review of modern awards, in accordance with the Fair Work Commission s directions of 21 August 2018 ([2018] FWC 4935 at [16]). Fair Work Commission Approved Forms approved 3 September /4

5 FAIR WORK COMMISSION Form F1 Application (no specific form provided) 2. Order or relief sought 2.1 Please set out the order or relief sought. Using numbered paragraphs, set out what you are asking the Commission to do. The Applicant is seeking a variation of the modern awards listed at [4.1] of this application to delete extant clauses relating to payment of wages on termination and insert the model payment on termination of employment clause determined by the Fair Work Commission in its decision of 17 July 2018 ([2018] FWCFB 3566), as set out in the draft determinations attached to this application. 2.2 Please set out grounds for the order or relief sought. Using numbered paragraphs, set out the grounds, including particulars, on which you are seeking the relief set out in question This Application is made in the context of the Payment of Wages common issues proceedings in the context of the 4 yearly review of modern awards (AM2016/8). 2. In its decision of 17 July 2018 ([2018] FWCFB 3566), the Fair Work Commission determined the final form of a model term governing payment of wages on termination of employment. 3. In a statement issued by the Fair Work Commission on 21 August 2018 ([2018] FWC 4935), at paragraph [16] interested parties were directed to file an application if they wished to press for the variation of any of the identified 22 modern awards to insert the model term. 4. This application is filed in accordance with the aforementioned direction and in the context of the Payment of Wages common issues proceedings to date. 5. Ai Group seeks an opportunity to file material in support of its application. Ai Group intends to articulate the grounds that support its application at such time. 3. The employer 3.1 What is the industry of the employer? Not applicable. 4. Industrial instrument(s) 4.1 Please set out any modern award, agreement or other industrial instrument relevant to the application and their ID/Code number(s) if known. 1. Aged Care Award 2010 [MA000018] 2. Black Coal Mining Industry Award 2010 [MA000001] 3. Building and Construction General On-Site Award 2010 [MA000020] 4. Business Equipment Award 2010 [MA000021] 5. Electrical, Electronic and Communications Contracting Award 2010 [MA000025] 6. Food, Beverage and Tobacco Manufacturing Award 2010 [MA000073] 7. Graphic Arts, Printing and Publishing Award 2010 [MA000026] Fair Work Commission Approved Forms approved 3 September /4

6 FAIR WORK COMMISSION Form F1 Application (no specific form provided) 8. Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] 9. Meat Industry Award 2010 [MA000059] 10. Mobile Crane Hiring Award 2010 [MA ] 11. Plumbing and Fire Sprinklers Award 2010 [MA000036] 12. Road Transport (Long Distance Operations) Award 2010 [MA000039] 13. Road Transport and Distribution Award 2010 [MA000038] 14. Seafood Processing Award 2010 [MA000068] Signature If you are completing this form electronically and you do not have an electronic signature you can attach, it is sufficient to type your name in the signature field. You must still complete all the fields below. Signature Name Brent Ferguson National Manager Workplace Relations Advocacy and Policy Date 21 September 2018 Fair Work Commission Approved Forms approved 3 September /4

7 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Aged Care Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Aged Care Award be varied by: 1. Deleting clause 17.3 and inserting in lieu: 17.3 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission 1 [insert citation]. 2 MA

8 could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

9 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Black Coal Mining Industry Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Black Coal Mining Industry Award be varied by: 1. Deleting clause 16.7 and inserting in lieu: 16.7 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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. 1 [insert citation]. 2 MA

10 Note 2: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

11 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Building and Construction General On-Site Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Building and Construction General On-Site Award be varied by: 1. Deleting clause 31.4 and inserting in lieu: 31.4 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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 1 [insert citation]. 2 MA

12 required minimum period of notice or has paid to the employee payment instead of giving notice. Note 2: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

13 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Business Equipment Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Business Equipment Award be varied by: 1. Deleting clause 25.4 and inserting in lieu: 25.4 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission 1 [insert citation]. 2 MA

14 could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

15 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Electrical, Electronic and Communications Contracting Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Electrical, Electronic and Communications Contracting Award be varied by: 1. Renumbering Clause 22.3(b) as clause Deleting clause 22.3(a) and inserting in lieu: 22.3 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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. 1 [insert citation]. 2 MA

16 Note 2: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 3. Renumbering clauses 22.4 and 22.5 as 22.5 and 22.6 respectively. 4. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

17 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Food, Beverage and Tobacco Manufacturing Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Food, Beverage and Tobacco Manufacturing Award be varied by: 1. Deleting clause 28.3 and inserting in lieu: 28.3 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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. 1 [insert citation]. 2 MA

18 Note 2: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

19 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Graphic Arts, Printing and Publishing Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Graphic Arts, Printing and Publishing Award be varied by: 1. Deleting clause 28.5 and inserting in lieu: 28.5 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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. 1 [insert citation]. 2 MA

20 Note 2: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

21 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Manufacturing and Associated Industries and Occupations Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Manufacturing and Associated Industries and Occupations Award be varied by: 1. Deleting clause 34.3 and inserting in lieu: 34.3 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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. 1 [insert citation]. 2 MA

22 Note 2: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

23 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Meat Industry Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Meat Industry Award be varied by: 1. Deleting clause 29.2 and inserting in lieu: 29.2 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission 1 [insert citation]. 2 MA

24 could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

25 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Mobile Crane Hiring Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Mobile Crane Hiring Award be varied by: 1. Deleting clause 19.5 and inserting in lieu: 19.5 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission 1 [insert citation]. 2 MA

26 could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

27 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Plumbing and Fire Sprinklers Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Plumbing and Fire Sprinklers Award be varied by: 1. Deleting clause 27.4 and inserting in lieu: 27.4 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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. 1 [insert citation]. 2 MA

28 Note 2: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

29 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Road Transport (Long Distance Operations) Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Road Transport (Long Distance Operations) Award be varied by: 1. Deleting clause 18.3 and inserting in lieu: 18.3 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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. 1 [insert citation]. 2 MA

30 Note 2: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

31 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Road Transport and Distribution Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Road Transport and Distribution Award be varied by: 1. Deleting clause 20.3 and inserting in lieu: 20.3 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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. 1 [insert citation]. 2 MA

32 Note 2: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>

33 MA [insert print number] DRAFT DETERMINATION Fair Work Act 2009 s yearly review of modern awards 4 yearly review of modern awards Payment of Wages (AM2016/8) JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BOOTH DEPUTY PRESIDENT CLANCY COMMISSIONER CRIBB COMMISSIONER HUNT SYDNEY, [INSERT DATE] 4 yearly review of modern awards payment of wages common issue payment on termination Seafood Processing Award A. Further to the decision issued on [insert date] 1 it is ordered that, pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, the Seafood Processing Award be varied by: 1. Deleting clause 21.3 and inserting in lieu: 21.3 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) (ii) the employee s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and all other amounts that are due to the employee under this award and the NES. (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and 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: Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission 1 [insert citation]. 2 MA

34 could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 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. 2. Updating the table of contents and cross-references accordingly. B. This determination comes into operation from [insert date]. 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 [insert date]. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>