On 15 June 2016, the Fair Work Commission released a statement to advise how the Full Bench proposed to deal with the payment of wages in relation to five issues; timing of payment of wages, removing a restriction on the days for payment of wages, timing of payment on termination of employment, penalty for late payment of wages and annual leave loading issue.
Timing of Payment of Wages
The Shop, Distributive and Allied Employees Association (SDA) is seeking a variation in the following awards for wages to be paid on a regular payday within four days of the end of the pay period as there is no current specification.
• Fast Food Industry Award 2010
• General Retail Industry Award 2010
• Hair and Beauty Industry Award 2010
• Mannequins and Models Award 2010
Removing a Restriction on the Days for Payment of Wages
Under the Restaurant Industry Award 2010, the Restaurant and Catering Industrial (RCI) submits for the deletion of the prohibition of payment of wages on Fridays, Saturdays and Sundays.
Timing of Payment on Termination of Employment
The Business SA and Australian Business Industrial and New South Wales Business Chamber (ABI & NSWBC) are applying for employers to pay wages within two business days when an employee’s employment has been terminated in the following awards. This request is due to employers often being unable to comply with these requirements.
• Food, Beverage and Tobacco Manufacturing Award 2010;
• Storage Services and Wholesale Award 2010; and
• Supported Employment Services Award 2010
The AI Group submitted an application to enable employers that pay by Eftpos to be able to make termination payments in accordance with their usual pay cycle under the following awards.
• Graphic Arts, Printing and Publishing Award 2010;
• Storage Services and Wholesalers Award 2010;
• Road Transport and Distribution Award 2010;
• Road Transport (Long Distance) Award 2010;
• Wine Industry Award 2010;
• Food, Beverage and Tobacco Manufacturing Award 2010
Annual Leave Loading
The AI Group made a submission to address an alleged anomaly in the annual leave clauses of the following awards, relating to the clauses being possibly read inappropriately.
• Food, Beverage and Tobacco Manufacturing Award 2010;
Each of these matters will be listed before the Commission at 1pm Thursday 30 June 2016 in Sydney.