|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards –Payment of wages
RESTAURANT INDUSTRY AWARD 2010
MELBOURNE,26 AUGUST 2019
4 yearly review of modern awards –common issue –payment of wages –payments on termination –outstanding awards –Restaurant Industry Award 2010.
A. Further to the Full Bench decision issued by the Fair Work Commission on 23 August 2019 [ FWCFB 5868],the above award is varied as follows:
1. By deleting clause 27.4 and inserting the following:
27.4 Payment on termination of employment
(a) Subject to paragraph (b),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) all other amounts that are due to the employee under this award and the NES.
(b) Where a casual employee is paid at the end of each engagement pursuant to clause 13.4 of this Award,and that employee’s employment is terminated,the employer must pay the employee their wages due under the award at the end of their last engagement.
(c) 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 (c) allows the Commission to make an order delaying the requirement to make a payment under clause 27.4. 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 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. By deleting clause 27.5.
3. By updating the table of contents and cross-references accordingly.
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.
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