As part of the Fair Work Commission’s 4 yearly review of modern awards, variations relating to the plain language standard clauses have now been signed and will take effect from 1 November 2018.
These variations included changes to
- Clause 7: Individual Flexibility Arrangements
- Clause 8: Consultation about major workplace change
- Clause 9: Dispute resolution
- Clause 11: Termination of employment.
- Clause 23. Payment of wages. (see article on changes here)
The primary change that will impact businesses covered by the Banking, Finance and Insurance Award 2010 is the variation of Clause 11 Termination of employment.
Previous version of Clause 11
11. Termination of employment
11.1 Notice of termination is provided for in the NES.
11.2 Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Current variation to Clause 11.
11.1 Notice of termination by an employee
(a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
(c) In paragraph (b) continuous service has the same meaning as in s.117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.
The most important change that affects the network on the Banking, Finance and Insurance Award 2010 is Clause 11.1(d). An employer can now only withhold a maximum of a week’s wages if the employee is over 18 and does not provide the required notice.
If you have any questions about the variation to any of the above clauses and what this means for your business, please contact ER Strategies on 1300 55 66 37.