Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 5,Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Modern Awards Review 2012—Annual leave
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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 - Transitional Review - annual leave provisions in modern awards.

A. Further to the decision of the Full Bench of 2 September 2013 [[2013] FWCFB 6266],the Fair Work Commission varies the awards listed below as follows:

1. The Legal Services Award 2010 [MA000116],by inserting the following clause after clause 35.5:

“35.6 Requirement to take leave notwithstanding terms of the NES

Annual leave is to be taken at a time agreed between the employer and employee. However,an employer may require an employee to take annual leave by giving at least four weeks’notice in the following circumstances:

(a) as part of a close-down of its operations,or part of its operations,where the request is reasonable;or

(b) where more than eight weeks’leave is accrued.”

2. The Building and Construction General On-Site Award 2010 [MA00002],by replacing its clause 38.2(b) with the following:

“(b) In addition to the payment prescribed in clause 38.2(a),an employee must receive during a period of annual leave a loading of 17.5% calculated on the following rates,loadings and allowances if such rates,loadings and allowances would have been received by the employee for working ordinary time hours had the employee not been on annual leave:

• clause 19.1(a)—Minimum wages;



• clause 21.2—Industry allowance;



• clause 21.3—Underground allowance;



• clause 20.1—Tool and employee protection allowance;



• clause 24—Living away from home—distant work;



• clause 25—Fares and travel patterns allowance;and



• clause 19.2—Leading hands.

This loading will also apply to proportionate leave on lawful termination.”

3. The Cleaning Services Award 2010 [MA000022],by replacing its clause 29.7 with the following:

“29.7 Payment of accrued annual leave on termination

Where an employee is entitled to payment of untaken annual leave on termination of employment under the terms of the NES,the employer must also pay the employee a loading of 17.5% calculated on an employee’s ordinary time rate of pay.”

4. The Road Transport and Distribution Award 2010 [MA000038],by replacing its clause 29.2 with the following:

“29.2 During a period of annual leave an employee will receive a loading calculated on the minimum wage rate in clause 15 of this award. Annual leave loading payment is payable on annual leave accrued and taken and on annual leave paid out on termination.

The loading is as follows:

(a) Day work

Employees who would have worked on day work only had they not been on annual leave—17.5% or the relevant weekend penalty rates,whichever is the greater but not both.

(b) Shiftwork

Employees who would have worked on shiftwork had they not been on annual leave—a loading of 17.5% or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.”

B. These variations come into operation on 2 September 2013.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

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