Payment of Wages and Plain Language Drafting

On 24 August 2018 the Fair Work Commission (Commission) handed down a number of draft determinations with respect to payment of wages clauses and plain language re-drafting of standard clauses.

The Changes

Payment of Wages

The Commission has taken the provisional view that 83 modern awards should be varied to insert a model term for payment of wages on termination. The new clause will prescribe when an employer must make payments to an employee on termination.

To view the draft determinations for the payment of wages clauses and a list of the awards effected, please click here.
Plain Language
The Commission has also taken the provisional view that a number of standard clauses in all modern awards should be replaced with revised clauses. The clauses to be varied are: 

  • Award flexibility
  • Consultation about major workplace change
  • Consultation about changes to rosters or hours of work
  • Dispute resolution
  • Termination of employment
  • Redundancy
  • Transfer to lower paid job on redundancy
  • Employee leaving during the redundancy notice period

To view the draft determination for the standard clauses please click here.
Once the final determinations have been handed down the modern awards on the NSW Business Chamber website will be updated accordingly.

Please call the Workplace Advice Unit on 13 29 59 if you wish to discuss this circular or require further information.