proportionate leave confusion over what annual leave payments must be paid to an requires payment of untaken payment on employee on termination of employment. On one accrued annual leave on termination interpretation, the provision requires the payment of pro rata termination but does not deal with annual leave loading on termination, despite any contrary any other payments such as leave modern award term. loading, which are dealt with in modern awards and enterprise agreements. Compassionate leave 104 2 days paid leave is available each time a member of an Confine the paid leave entitlement BALANCE family or or an in relation to illness that poses a employee’s household ‘contracts develops’ illness that poses a serious threat to life. The entitlement is and imminent’ threat to ‘serious triggered, for example, when a person is diagnosed with life. terminal illness, whether or not the threat is imminent and regardless of whether the person requires care or support. Long service leave 113, 155 As discussed above, the current framework was designed in A national LSL standard should BARRIER anticipation of a national LSL standard. No progress has been be developed without delay or the made on this issue in more than five years. Business requires proposal abandoned, with certainty at a national level about the LSL rules that apply. interaction rules reversed so that Casual loadings are unable to be paid in lieu of LSL, despite the matter can be resolved longstanding historical provisions to this effect. through enterprise bargaining. Modern awards must be permitted to deal with LSL or payment in lieu of LSL for casuals. Public holidays 114 Employers have no right to direct work on a public holiday Enable employers to require work BALANCE and employees can refuse any such request. This tips the on public holidays by advance balance too far in many industries, including agriculture, notice to employees. – there is work to be done on public holidays and employers need the capacity to manage their business. Redundancy 120 The ability to reduce redundancy pay obligations where Extend eligibility to apply for BALANCE – variation for other retrenched employees gain other employment is too narrow. If reduced pay to employers who employment an employer creates the opportunity that leads to an employee facilitate an offer of employment accepting another job, they should be able to seek a reduction that is accepted by the employee. in redundancy pay, whether or not they actually “obtained” that employment for the employee. Redundancy small 121 The current wording permits modern awards to undermine Make clear that small business COMPLEXITY –
proportionate leave payment on termination confusion over what annual leave payments must be paid to an employee on termination of employment. On one interpretation, the provision requires the payment of pro rata annual leave loading on termination, despite any contrary modern award term. requires payment of untaken accrued annual leave on termination but does not deal with any other payments such as leave loading, which are dealt with in modern awards and enterprise agreements. Compassionate leave 104 2 days paid leave is available each time a member of an employee’s family or household ‘contracts or develops’ an illness that poses a serious threat to life. The entitlement is triggered, for example, when a person is diagnosed with terminal illness, whether or not the threat is imminent and regardless of whether the person requires care or support. Confine the paid leave entitlement in relation to illness that poses a ‘serious and imminent’ threat to life. BALANCE Long service leave 113, 155 As discussed above, the current framework was designed in anticipation of a national LSL standard. No progress has been made on this issue in more than five years. Business requires certainty at a national level about the LSL rules that apply. Casual loadings are unable to be paid in lieu of LSL, despite longstanding historical provisions to this effect. A national LSL standard should be developed without delay or the proposal abandoned, with interaction rules reversed so that the matter can be resolved through enterprise bargaining. Modern awards must be permitted to deal with LSL or payment in lieu of LSL for casuals. BARRIER Public holidays 114 Employers have no right to direct work on a public holiday and employees can refuse any such request. This tips the balance too far – in many industries, including agriculture, there is work to be done on public holidays and employers need the capacity to manage their business. Enable employers to require work on public holidays by advance notice to employees. BALANCE Redundancy – variation for other employment 120 The ability to reduce redundancy pay obligations where retrenched employees gain other employment is too narrow. If an employer creates the opportunity that leads to an employee accepting another job, they should be able to seek a reduction in redundancy pay, whether or not they actually “obtained” that employment for the employee. Extend eligibility to apply for reduced pay to employers who facilitate an offer of employment that is accepted by the employee. BALANCE Redundancy – small 121 The current wording permits modern awards to undermine Make clear that small business COMPLEXITY
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