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Various changes to Modern Awards come into effect within the next month. Employers should take steps to stay informed as updates continue to be published by the Fair Work Commission.

Casual Conversion

All Modern Awards that were affected by this change have been updated now (see previous EMA Note). These changes commenced from 1 October 2018.

Deductions for Notice Not Given

The FWC has published draft determinations confirming the model clause for Notice of Termination. The model clause reflects the previously agreed standard requirements for recovering employee wages for notice not given (see previous EMA Note). There is no precise timeframe for when this change will ultimately be implemented, however employers should be aware that most Modern Awards are likely to be varied in this way by early 2019.

Payment of Wages on Termination

The FWC has signed final determinations varying 86 Modern Awards that were previously silent on the timing for termination payments. These Awards now include the model term which requires termination payments to be made within 7 days of the termination coming into effect. The changes take effect from 1 November 2018. Refer to the Schedule of Draft Determinations for your specific Award.

Stay Alert!

Substantial material relating to updates to awards is being published by the FWC on an ongoing and frequent basis. Employers should subscribe to updates to keep up to date. Alternatively, we recommend Employers check the FWC website regularly for general updates, or for progress of a specific award you should check the list of Awards Under Review. For changes already made, check your award in the Awards List on a regular basis.

If your organisation would like assistance or advice in relation to the awards review process or any changes that are in progress affecting your particular award, please contact one of our consultants.

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If you require further information or advice, please contact one of our consultants.

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