Recent IR Changes...

Update on recent changes to key awards for Road Freight NSW members.

The Fair Work Commission is continuing its long running 4 Yearly Review of Modern Awards. However, as proceedings begin to draw to a close, they have resulted in a number of changes being made to modern awards. Ai Group has prepared advice for Road Freight NSW members that identifies and explains some of the recent changes to the key awards for businesses operating in the Road Transport Industry.

This includes the following:

  • A Full Bench of the Fair Work Commission has varied awards to include a new clause setting out the procedure that an employer must follow when faced with an employee request to change their working arrangements under section 65 of the Fair Work Act 2009.
  • An amendment to the Road Transport and Distribution Award 2010 to remove a clause ostensibly allowing an employer to withhold public holiday pay where an employee takes an unauthorised or unreasonable absence on a day adjacent to a public holiday.
  • The redrafting of various standard award clauses in 'plain language'.
  • Changes to award provisions that enable employers to withhold amounts from an employee's final pay where the employee fails to provide the required period of notice of their resignation.
  • A new requirement that employees covered by certain awards be paid all outstanding award and NES entitlements within 7 days of their termination.

Members who have any questions regarding these changes, or any other worplace relations issue, can contact the Road Freight NSW Workplace Advice Line on 1300 781 905.

Employers engaged in enterprise bargaining are encouraged to take these changes into account when drafting such instruments. An absence of equivalent provisions in an agreement can affect whether the Commission is satisfied that employees are 'better off overall' under the agreement when compared to the award."

Brent Ferguson
Special Counsel

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Road Freight NSW contact details

56 Fitzroy Street Marrickville NSW 2204

Tel: (02) 9557 1205

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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