The Commission`s intention to repeal these industrial agreements has been made public, which can be done in the markets. WALGA applied on behalf of the local government sector in Western Australia and the Northern Territory to adopt provisions that would allow annual leave to be paid to the LGIA. These submissions were filed in April 2014 in collaboration with other local government federations in the state and territory. The Fair Work Committee also made a preliminary decision to include a provision allowing employers to grant annual leave in advance and deduct sums for each leave that still results from notice payments to the LGIA. However, an employer may deduct from severance pay only if the workers and employers have agreed in advance to take leave. Management of a worker on excessive annual leave The Fair Work Commission`s Full Bench also made an interim decision to include a provision allowing employers to order a worker to make “excessive” annual provisions. Interested parties are required to submit written comments to the Fair Work Commission by Monday, 13 July at 4 p.m. in order to consider the text of the proposed provisions and to include the proposed provisions in all modern distinctions (including the LGIA). WALGA Employee Relations invites the sector to give its opinion on the text of the proposed provisions and on the advisability of including the proposed provisions in the LGIA.
We will then consider filing a written filing on behalf of the municipal sector. Please provide feedback by Thursday, July 9 at 5:00 p.m. WALGA Employee Relations` preliminary view is that these are welcome changes as they allow a local government employer to find greater flexibility in the agreement on how a worker can use their annual leave provisions. Please note that these provisions only apply to personnel under the LGIA or a company agreement if the terms of the LGIA are included in this company agreement. Proposed Provisions The proposed provision, which allows employers to order a worker to make “excessive” annual provisions, is available here. The proposed provisions for the payment of annual leave and the granting of annual leave in advance have been published in the form of draft decisions and can be found here. Full Bench`s original decision is available here. Please email WALGA Employee Relations or call (08) 9213 2014 if you have any comments or questions. Fair Work Commission publishes company agreements on this website.
Provisions for excessive annual leave – New model life – Appendix 2 There have been some changes in the life of the model that the FWC published in its previous decision in June. The proposed provisions for the allocation of excessive annual leave describe the following: an employer is required to meet with a worker and discuss measures to be taken to reduce or eliminate excess leave before encouraging workers to take leave. If there is no agreement after these steps, the employer may instruct the worker in writing to take one or another period of paid annual leave. The provisional duration of the model provides for the employer`s right to order a worker to take excessive annual leave, but also provides for the fact that a worker is entitled to excessive paid annual leave but has not received an instruction from the employer. The concept of provisional type also allows a worker to exercise control over the date of leave. Download Appendix 2 Annual leave in advance – New standard lifespan – Appendix 3 With the June 2015 decision, Full Bench opted for a standard clause that allows employees to take annual leave in advance. . . .