The Fair Work Commission has issued changes to the Black Coal Mining Industry Award 2010, which are now in effect, meaning employers should comply from now.
What are the changes?
One of the changes to the Award involves a number of modifications to the temporary shutdown clause, with the following focus points:
employers need to give immediate written notice of a temporary shutdown period to employees engaged after notice is given to everyone else (as soon as reasonably practicable after they are engaged)
an employee can elect to take leave without pay to cover a temporary shutdown period
if the employee does not elect how they would like to deal with leave for the temporary shutdown period, the employer may direct them to take annual leave they have accrued. This direction must be reasonable and in writing
if the shutdown period includes public holidays that would have been a working day for the employee, the employee is taken not to be on leave that day (or part-day)
The other change is to incorporate a term that is also in a number of other modern awards and relates to excessive annual leave accruals, which are defined as an accrual of more than 350 hours (10 weeks) or 420 hours (12 weeks) for a shiftworker.
What do employers do now?
The changes are now in operation, meaning employers must consider the above in managing employees covered by this Award. Employers should be making sure they are across the changes, ensuring they are comfortable with how to implement changes to maintain compliance.
For advice on the changes, contact Peninsula on 1300 651 415.