DETERMINATION

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

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

BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2010
[MA000020]

4 yearly review of modern awards – common issue – payment of wages – variation determination – Building and Construction General On-site Award 2010.

A. Further to the Full Bench decision issued by the Fair Work Commission on 6 October 2020 ([2020] FWCFB 5275) the above award is varied as follows:

1. By deleting clause 31.4 and inserting the following:

31.4 Payment on termination of employment

(a) If the employment of an employee terminates, the employer must pay the employee the following amounts in accordance with clause 31.4:

(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii) all other amounts that are due to the employee under this award and the NES.

(b) Where notice of termination is given by an employer or employee in accordance with the terms of this award or the NES the amounts described at clause 31.4(a)(i) must be paid to the employee:

(i) on the day of termination; or

(ii) where this is not practicable the employer will have two working days to send monies due to an employee by registered post or, where the employee is paid by EFT, transfer the monies into the employee’s account.

(c) The amounts described at clause 31.4(a)(ii), and where notice is not given by an employer or employee in accordance with the terms of this award or the NES the amounts described at clause 31.4(a)(i), must be paid to the employee:

(i) on the day of termination; or

(ii) forwarded by electronic funds transfer by no later than 7 days after the day on which the employee’s employment terminates.

(d) The requirement to pay wages and other amounts under clause 31.4(a) is subject to 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 employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

Note  2: 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. By updating and cross-references accordingly.

B. This determination comes into operation from 13 October 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 13 October 2020.

PRESIDENT

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