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

4 yearly review of modern awards - common issue - annual leave.

[1] On 7 April 2014 the Fair Work Commission (the Commission) released a Statement¹ outlining the scope of the annual leave common issue, as follows:

(i) the cashing out of annual leave

(ii) excessive annual leave

(iii) annual close-down

(iv) granting leave in advance

(v) purchased leave

(vi) payment of annual leave entitlements on termination

(vii) EFT and paid annual leave

1. On 15 April 2014 the Commission published Directions² in relation to the annual leave common issue. These Directions were amended on 3 June 2014³.

[2] The annual leave common issue was listed for mention on 5 August 2014 at which the Australian Industry Group (Ai Group) and the Australian Council of Trade Unions (ACTU) indicated that they believed that conciliation may assist in narrowing the issues before the Commission. No party opposed such a course. It was also generally agreed that following conciliation, the hearing of this matter could be completed within two days.

[3] Taking account of the submissions made at the mention the Commission has decided on the following course:

(i) the first two days allocated for the hearing of this matter (i.e. 14 and 15 August 2014) will be vacated.

(ii) A conciliation conference will be held in Sydney on 14 and 15 August before Senior Deputy President Watson, commencing at 10:30 am on Thursday 14 August. All interested parties are invited to attend. After the completion of the conciliation a report will be produced and published on the Commission’s website.

(iii) The hearing of this matter will take place on 20 and 21 August 2014 in Sydney commencing at 10 am.

[4] An amended notice of listing will be issued shortly.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR554016>

¹ [2014] FWC 2279.

² Directions AM2014/47 15 April 2014.

³ Amended Directions AM2014/47 3 June 2014.