Employers are reminded that the Fair Work Commission, as part of the 4 yearly review of Modern Awards, has issued several decisions affecting those Awards, including the Electrical, Electronic and Communications Contracting Award 2010 (Electrical Award) and the Clerks – Private Sector Award 2010 (Clerks Award).
Both the Electrical and Clerks Awards’ flexibility arrangement clause has now been amended to ensure that where an employer is aware, or reasonably should be aware, that an employee has a limited understanding of written English, they must take reasonable steps to ensure the employee understands the proposed flexibility arrangement.
Similarly, the consultation and dispute resolution clauses have been simplified to make the process easier to understand and follow.
The termination of employment clauses have been amended to make direct reference to those employees exempt from being given notice of termination (i.e. fixed term or casual employees, or those terminated for serious misconduct). The new clauses also provide the notice period to be given and limit the ability for an employer to deduct from the wages of an employee where insufficient notice is given by that employee to a maximum of one week. No deduction may be made from an employee who is under the age of 18 and who has failed to give sufficient notice.
In addition to the above changes to both Awards, the Clerks Award has been amended to require an employer to pay an employee no later than seven days after the employee is dismissed.
Disclaimer: This summary is not legal advice and for more information on Award obligations, call NECA Legal (WA) Pty Ltd on 6241 6129 or email firstname.lastname@example.org.