Before the High Court judgment was delivered, the Government announced proposed changes to the Workplace Relations Act:
- protect employee redundancy pay entitlements: agreement based redundancy
entitlements will continue to operate for 12-months after an agreement is
terminated unless a new agreement is made earlier; - address the potential for
increased costs associated with annual leave accrual and
personal/carer’s leave payment under the Australian Fair Pay and
Conditions Standard by capping the accrual of annual and personal/carer’s leave under the
Australian Fair Pay and Conditions Standard (the Standard), so that
paid leave would not accrue in respect of hours worked above 38 hours
per week and make the payment rules for personal/carer’s leave,
compassionate leave and leave for pregnant employees who cannot be
transferred to a safe job consistent with the payment rule for annual
leave (that is, the employee’s basic periodic rate of pay); - provide a default right for an employer to stand
down employees where work is unavailable due to factors outside the
employer’s control. This provision would apply
where an employer does not otherwise have (through an award, agreement
or contract) an automatic right to stand an employee down where work is
unavailable due to factors outside the employer’s control; - enable employees to cash out personal/carers leave: an employee would be able to
cash out any amount of personal/carer’s leave, provided that for
full-time employees working a 38-hour week at least 15 days remain
available after cashing out;
and - amend the record-keeping regulations to streamline the record-keeping requirements: employers will only be requireed to record only those
hours for which an employee is entitled to overtime or other penalty
rates, rather than all hours worked.
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Posted 15th November 2006 by David Jacobson in Business Planning
