| MA000071 PR724234 |
| FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards
(AM2014/92)
TIMBER INDUSTRY AWARD 2010
[MA000071]
Timber and paper products industry | |
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 11 NOVEMBER 2020 |
4 yearly review of modern awards – Timber Industry Award 2010 – modern award varied – correction.
A. The determination issued by the Full Bench on 7 October 2020 [PR722475] is corrected as follows:
1. By deleting clause 21.3 of the attachment to the determination.
2. By renumbering clauses 21.4 to 21.6 of the attachment to the determination as clauses 21.3 to 21.5.
3. By inserting a new clause 21.6 in the attachment to the determination as follows:
21.6 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 21.6(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 37.2. |
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 | ||
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 21.6(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 21.6(c) allows the Commission to make an order delaying the requirement to make a payment under clause 21.6. 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.
4. By deleting the amount “$14.70” appearing in clause 23.3(a) of the attachment to the determination and inserting “$15.01”.
5. By deleting the amounts “$4.92” and “$3.80” appearing in the table in clause 23.4(a) of the attachment to the determination and inserting “$5.15” and “$3.98” respectively.
6. By deleting the amount “$14.97” appearing in clause 23.4(b)(i) of the attachment to the determination and inserting “$15.67”.
7. By deleting the amount “$741.69” appearing in clause 23.4(b)(ii) of the attachment to the determination and inserting “$776.28”.
8. By deleting the table appearing in clause E.2.1 of the attachment to the determination and inserting the following:
Allowance |
Clause |
$ |
Payable |
Vehicle |
23.2(a) |
0.78 |
per km |
Meal—overtime |
23.3(a) |
15.01 |
per meal |
Tools—millwright |
23.4(a) |
5.15 |
per week |
Tools—utility person |
23.4(a) |
3.98 |
per week |
Tools—furnishing employee— tradesperson |
23.4(b)(i) |
15.67 |
per week |
Tools—furnishing employee— insurance—a maximum amount of |
23.4(b)(ii) |
776.28 |
|
Camping (including firefighters)— per working day |
23.5 |
24.84 |
per day |
Camping (including firefighters)— maximum per week—a maximum amount of |
23.5 |
173.92 |
per week |
9. By updating the cross-references accordingly.
B. This determination comes into operation on 13 November 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 November 2020.
PRESIDENT
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