The Fair Work Commission by Orders of 29 July 2016 varied the Annual Leave provisions of the Pastoral Award 2010 and the Horticulture Award 2010.
A summary of the new provisions is set out below.
Excessive Leave Accrual
“Excessive leave accrual” means that an employee has accrued more than 8 weeks’ Annual Leave.
Direction to take Leave
If agreement to take leave is not reached an employer may direct an employee in writing to take one or more periods of paid leave.
A direction to take leave must:-
• not result in an employee’s leave accrual being less than 6 weeks when the period of directed leave is deducted from the current accrual
• not require an employee to take a period of leave of less than 1 week
• give at least 8 weeks’ notice of the time at which the leave is to commence
A virtually identical provision has also been inserted in relation to excessive leave accruals at the request of an employee which will not take effect until 29 July 2017.
An employee can now cash-out leave subject to the following requirements:-
• each cashing-out must be the subject of a separate written agreement setting out the amount of leave to be cashed-out, the payment made for it, and the date of payment
• an employee’s parent or guardian must sign the agreement if the employee is under 18 years old
• an agreement must not result in an employee’s remaining accrual being less than 4 weeks
For explanatory notes refer to “Annual Leave” under the Industry Sections on the PEQ website.
A new provision inserted in the Award allows for employees normally paid by EFT to be paid in the same way in accordance with their usual pay cycle while on leave. Employees had previously been entitled to be paid in full for the period of leave before commencing same.
These amendments (with the exception of the employee leave request) take effect from the start of the first pay period commencing on or after 29 July 2016.
FWC 4 YEARLY REVIEW
Pastoral Award 2010
Provisions relating to the engagement of Learner Shearers have been completed resulting in new provisions being inserted in the Award. Of particular significance was the refusal of an AWU claim to allocate 1 in every 4 stands to a learner shearer. Details are explained in the Shearing Industry section on the PEQ website.
In relation to matters not yet completed, the NFF on 5 August 2016 lodged final submissions in support of its claim to reduce the minimum period of engagement for Dairy Industry employees from 3 hours to 2 hours and in opposition to an ACTU claim to increase it to 4 hours (in addition to provisions relating to the conversion of casual to permanent employment).
General proceedings relating to Annualised Salaries have been listed for Mention/Directions in the FWC on 18 August 2016.