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Updates to look out for – Annual leave and time off in lieu

Modern Awards, New EmployeesNovember 26, 2015

Updates to look out for – Annual leave and time off in lieu

The Fair Work Commission (FWC) has been looking at a number of important matters as part of its review of the modern awards.

Proposed changes to annual leave provisions

In June this year, we let you know about an important decision the FWC made in relation to annual leave provisions in modern awards, which promised to provide greater flexibility when dealing with annual leave. Click here for our previous update.

Since then the FWC has finalised the terms of the proposed model clauses dealing with cashing out of annual leave, excessive leave and granting leave in advance of accrual.

A further hearing is set for 8 December 2015 to deal with various submissions made by interested parties in relation to these terms being inserted into specific awards.

Proposed changes to time off in lieu for overtime (TOIL)

In July this year, we explained that the FWC had indicated that it believe all modern awards should allow employers and employees to agree to time off in lieu instead of payment for overtime (TOIL).

Since then the FWC has finalised the model clause. Again, a hearing has been set for 10 December 2015 to deal with submission made by interested parties in relation to these terms being inserted into specific awards.

We will let you know when a decision is made on these matters, what awards are affected and what this means for your business. Until then, there is no change.

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