MA000025   PR588646
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Payment of wages
(AM2016/8)

ELECTRICAL, ELECTRONIC AND COMMUNICATIONS CONTRACTING AWARD 2010
[MA000025]

Electrical contracting industry

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT BOOTH
DEPUTY PRESIDENT CLANCY
COMMISSIONER CRIBB
COMMISSIONER HUNT

MELBOURNE, 16 DECEMBER 2016

4 yearly review of modern awards – payment of wages common issue – annual leave loading.

A. Further to the Full Bench decision issued by the Fair Work Commission on 1 December 2016 1, the above award is varied as follows:

1. By deleting clause 28.2(b) and inserting the following:

(b) Instead of the base rate of pay specified in the NES, an employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period, exclusive of payments in respect of overtime, shift loading, weekend penalty rates, special rates, travel and fares or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.

B. This determination comes into operation from 16 December 2016. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 16 December 2016.

PRESIDENT

 1   [2016] FWCFB 8463

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