MA000109   PR588656
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)

PROFESSIONAL DIVING INDUSTRY (RECREATIONAL) AWARD 2010
[MA000109]

Diving services

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 – penalties for late payment.

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 18.3 and inserting the following:

18.3 Where an employee is paid by cash or cheque and the employee is kept waiting for their wages on pay day for more than 15 minutes after the usual time for ceasing work, the employee must be paid overtime rates after that 15 minutes for the duration spent waiting at the workplace.

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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