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Modern Award updates

Modern AwardsMay 28, 2015

Modern Award updates (Last Updated On: November 9, 2016)

Broken Hill Allowances

The FWC has now confirmed that employees in Broken Hill will continue to be entitled to an allowance, even though this allowance was supposed to finish on 31 December 2014. This allowance is contained in the following awards:

–  Fast Food Industry Award 2010 (PR561203)
–  General Retail Industry Award 2010 (PR561201)
–  Hair and Beauty Industry Award (PR561204)
–  Pharmacy Industry Award (PR561205)

Stevedoring Industry Award

This award previously provided for an additional day of accrued leave, in addition to penalty rates for working Christmas Day, Good Friday, Anzac Day or Labour Day. The right to an additional day’s leave has been removed.

Textiles, Clothing, Footwear and Associated Industries Award 2010

A number of amendments have been made to the Textiles, Clothing, Footwear and Associated Industries Award 2010. Many of these amendments simply clarify the existing terms, but the key amendments are set out below.


–  Requirement to take annual leave: clause 41.4 previously stated the employee must take annual leave within 18 months of accruing it. This clause has been amended to confirm that, once an employee has accrued 6 weeks of annual leave, an employer may direct the employee to take up to 2 weeks’ of annual leave.  If directed to take leave, the employee may request to take the leave at an alternative time (within 6 months of the direction), which the employer cannot refuse unreasonably.

–  Breaks for shift workers (textile industry): clause 38.2(a) provides employers with discretion to provide 20 minute crib breaks (counted as time worked) per shift in lieu of an unpaid meal break. The clause has been amended to confirm that this discretion relates to two eight hour shifts or three eight hour shifts.

–  Meal breaks during overtime: clause 40.1(a) confirms an employee who works over 1.5 hours of overtime is entitled to a meal break of 30 minutes and a meal allowance.  The clause has been amended to confirm the employer can provide an adequate meal instead of the allowance.

–  Part-time leave entitlements: clause 13.9 has been amended to confirm that pro-rate leave entitlements are based on ordinary hours worked (and not overtime).

–  Payment by results and alteration of time standards: the circumstances in which an employer can amend any previously agreed time standards have been amended in clause 23.7.

–  Consultation provisions: employers must now provide information on a proposed change of roster or hours of work in a manner which facilitates the employees understanding of the proposed changes having regard to their English language skills (including translations where appropriate).

–  Rostered day off: clause 43.5 has been amended so that it only applies to RDOs falling on public holidays except where this is a Saturday or Sunday.

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