DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards – Payment of Wages
(AM2016/8)

AGED CARE AWARD 2010
[MA000018]

4 yearly review of modern awards – common issue – payment of wages – payment on termination of employment – Aged Care Award 2010.

A. Further to the Full Bench decision issued by the Fair Work Commission on 26 August 2020 [[2020] FWCFB 4483], the above award is varied as follows:

1. By deleting clause 17.3 and inserting the following:

17.3 Payment on termination of employment

(a) When notice of termination of employment has been given by an employee in accordance with clause 11.1, or an employee’s services have been terminated by an employer who has provided them with notice in accordance with the NES, payment of all wages and other monies owing to an employee will be made to the employee by no later than the last day of the formal notice period.

(b) In all other circumstances, the employer must pay all wages and other monies owing to an employee by no later than 7 days after the day on which the employee’s employment terminates.

(c) The requirement to pay wages and other amounts under clauses 17.3(a) and (b) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the required minimum period of notice or “has paid” to the employee payment instead of giving them notice.

NOTE 2: Clause 17.3(c) allows the Commission to make an order delaying the requirement to make a payment under clause 17.3(a) or 17.3(b). For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

2. Updating the table of contents and cross-references accordingly.

B. This determination comes into operation from 26 August 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 26 August 2020.

PRESIDENT

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