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

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

[1] This matter is currently listed for a one day hearing on 16 October 2014 (commencing at 9:15am) in Sydney. The scope of the matters to be considered in the context of the annual leave common issues are:

(i) the cashing out of annual leave
(ii) excessive annual leave
(iii) annual close-down
(iv) granting leave in advance
(v) payment of annual leave entitlements on termination
(vi) EFT and paid annual leave

[2] When the directions of 27 August 2014 were issued it was anticipated that there would be a consent position put by the three major parties (ACCI, ACTU and Ai Group) in respect of a number of these matters. However it is now apparent that all of the matters will be contested. In these circumstances the three major parties are of the view that a one day hearing will not be sufficient to deal with all of the contested issues and that a further hearing day will be required.

[3] In these circumstances we have decided to split the hearing of this matter, by issue, as follows:

(i) Hearing on 16 October 2014 (9:15am in Sydney)

This hearing will provide an opportunity for parties to make submission in respect of the following issues:
● cashing out of annual leave (noting that this matter has already been the subject of submissions in previous hearings. Submissions should be limited to addressing any material filed since the last hearing).
● excessive annual leave
● EFT and paid annual leave

(ii) Hearing on 1 December 2014 (9:15am in Sydney)

This hearing will provide an opportunity for parties to make submissions in respect of the following matters:

● Annual close down
● Granting leave in advance
● Payment of annual leave entitlements on termination

[4] If feasible, the Commission intends to issue a decision in respect of the cashing out, excessive leave and EFT issues prior to the hearing on 1 December 2014.

[5] Liberty to apply is granted generally.

PRESIDENT

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