Fair Work Com

As part of the Modern Award Review currently underway at the Fair Work Commission (FWC), two matters have recently been highlighted as “common issues” following multiple applications to alter several awards. The applications relating to provisions that regulate payment of wages and annualised salary provisions have each been grouped and will be considered as common issues.

PAYMENT OF WAGES
On the 6th July 2016 the FWC released a statement detailing that a number of issues to ‘payments of wages’ terms in numerous awards would be referred to the Full Bench for determination.

Timing of payment of wages:
The SDA applied to adjust require all wages be paid on a regular payday within four days of the end of the pay period for the following awards:
• Fast Food Industry Award 2010
• General Retail Industry Award 2010
• Hair and Beauty Industry Award 2010

Conciliation is proposed to be held for 9am Wednesday 27 July 2016 in Sydney.

Removing the restriction on the days for payment of wages:
An application has been made to alter the Restaurant Industry Award 2010 by deleting the current prohibition on the payment of wages on Fridays, Saturdays and Sundays.

Conciliation is proposed for 10am Wednesday 27 July 2016 in Sydney.

ANNUALISED SALARY PROVISIONS
In a statement published on the 31st May, the FWC referred applications to alter annualised salary provisions in the following awards to the Full Bench:
• Clerks-Private Sector Award 2010 (clause 17)
• Restaurant Industry Award 2010 (clause 28)

There has been some indication that the FWC will not opt for a “standard annualised salary term” despite the annualised salary provisions being treated as a common issue by the FWC. Further directions will be issued in due course.

The National Retail Association will keep our members up to date on the changes proposed in the Modern Award Review.

If you have any questions regarding any proposed change or application to the FWC, please do not hesitate to contact the NRA on 1800 RETAIL (738 245).