PR711631 - Variation - 26 Aug 2019

MA000090  PR711631
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

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

WINE INDUSTRY AWARD 2010
[MA000090]

Wine industry

JUSTICE ROSS,PRESIDENT
DEPUTY PRESIDENT GOSTENCNIK
DEPUTY PRESIDENT CLANCY
COMMISSIONER LEE
COMMISSIONER HUNT

MELBOURNE,26 AUGUST 2019

4 yearly review of modern awards –common issue –payment of wages –payments on termination –outstanding awards –Wine Industry Award 2010.

A. Further to the Full Bench decision issued by the Fair Work Commission on 23 August 2019 [[2019] FWCFB 5868],the above award is varied as follows:

1. By deleting clause 26.3 and inserting the following:

26.3 Payment on termination of employment

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

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

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

(b) The amounts described at clause 26.3(a)(i) must be paid to the employee:

    (i) By cash on the day of termination;or

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

(c) The amounts described at clause 26.3(a)(ii) must be paid to the employee:

    (i) By cash on the day of termination;or

    (ii) 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 26.3 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 (d) allows the Commission to make an order delaying the requirement to make a payment under clause 21. 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 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.

B. This determination comes into operation from 6 September 2019. 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 6 September 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

About this document
(1)
Code:
PR711631
Title:
PR711631 - Variation - 26 Aug 2019
Effective:
26 Aug 2019
Updated:
28 Aug 2019
Related Information
1.0.11.0 SC