|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Payment of wages
JOINERY AND BUILDING TRADES AWARD 2010
Building, metal and civil construction industries
JUSTICE ROSS, PRESIDENT
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 32.2(c) and inserting the following:
(c) The employee is not entitled to payments in respect of overtime, shift rates, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.
2. By deleting clause 32.3 and inserting the following:
32.3 Annual leave loading
a) In addition to the payment prescribed in clause 32.2, during a period of annual leave an employee must be paid a loading of 17.5% calculated on the minimum wages, loadings and allowances by clauses 18—Classifications and minimum wages, 19—Apprentice minimum wages, 20—Adult apprentice minimum wages, 21—Trainee minimum wages, 22—Supported wage system and clauses 24.1(b), (c) and (d) as applicable and the leading hand rates prescribed by clause 24.1(a) if applicable. An employee is also entitled to the 17.5% loading on any proportionate leave on termination.
(b) An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to that prescribed in clause 32.3(a) or the shift rates prescribed by this award, whichever is the greater but not both.
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.
1  FWCFB 8463
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