
New WHS reforms aimed at eliminating workplace injuries and modernising the NSW industrial relations system
More work health and safety reforms and amendments to the NSW industrial relations framework are on the agenda.
Changes to modern awards have arrived
From 1 November 2018 the following model clause takes effect in 89 of the 122 modern awards:
Payment on termination of employment
(Some guidance notes are also included in the clause).
The modern awards that have been amended on 1 November 2018 to incorporate the above model clause include, but are not limited to, the following:
A complete list of the 89 modern awards affected can be viewed here.
The insertion of the new clause in 89 of the modern awards is part of the Fair Work Commission’s four-yearly review of modern awards and aims to provide consistency between modern awards about when payments due to a departing employee are made. Historically, only 36 modern awards included a clause about the payment of wages and other amounts to an employee on the termination of their employment.
It remains to be seen if the Commission will amend the outstanding 33 awards (which are identified in the Fair Work Commission decision of 1 October 2018 accessible via the link above) to include the model termination payment clause set out earlier, or a revised version of it. We understand that the Commission will make determinations on a case by case basis.
It is important to check if any of the modern awards applying to employees of your organisation have been revised to include the model termination payment clause set out above. If they have, it will be important to ensure that the termination payments referred to in the new clause are made to departing employees no later than 7 days after their employment terminates.
Contact the Employment, Remuneration & Benefits team.
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