DETERMINATION

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

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

TIMBER INDUSTRY AWARD 2010
[MA000071]

Timber and paper products industry
JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT GOSTENCNIK DEPUTY PRESIDENT CLANCY COMMISSIONER LEE COMMISSIONER HUNT	MELBOURNE, 20 OCTOBER 2020

4 yearly review of modern awards – common issue – payment of wages on termination of employment – variation determination – Timber Industry Award 2010.

A. Further to the Full Bench decisions issued by the Fair Work Commission on 6 October 2020 and 20 October 2020 ([2020] FWCFB 5275 and [2020] FWCFB 5534) the above award is varied as follows:

1. By deleting clause 25.3 and inserting the following:

25.3 Payment on termination of employment

(a) Upon termination of employment the employer must pay the employee at the prescribed time for payment:

(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) For the purpose of clause 25.3(a) the prescribed time for payment is given by the following table.

How the employee’s employment is terminated	Method of payment	Prescribed time for payment
By the employer giving notice or payment instead of notice, or by the employee giving the required minimum period of notice under clause 14.2.	If paid by cash or cheque	No later than 30 minutes after the employee finishes work on the day of termination of the employment
	If paid by electronic funds transfer	On the day of termination of the employment
By the employer or employee other than as above	If paid by cash or cheque	Sent by registered post no later than 7 days after the day of termination of the employment
By the employer or employee other than as above	If paid by electronic funds transfer	No later than 7 days after the day of termination of the employment

(c) The requirement to pay wages and other amounts under clause 25.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award 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: Clause 25.3(c) allows the Commission to make an order delaying the requirement to make a payment under clause 25.3. 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. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation from 26 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 26 October 2020.

PRESIDENT

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