Under the new annual leave payment clause, which is now included in most premiums, a worker may pay a certain amount of accrued paid annual leave if the following conditions are met: any payment of a certain amount of paid annual leave must be subject to a separate written agreement. The written agreement must: The Fair Labour Committee has developed a model agreement for the payment of annual leave to help employers and workers. There is no obligation to use the Fair Work Commission proposal, but using this model, the employer meets the requirements as part of the written agreement. Enterprise agreements may already include the payment of annual leave clauses. Contracting parties negotiating new enterprise agreements should be aware of the payment of annual leave clauses in modern premiums, as they may be relevant to a better overall test. For non-premium workers, they may continue to benefit from annual leave payment agreements, but the rules in this area are governed by national employment standards (NES). The rules for paying annual leave under the NES are not as descriptive as in prices, but these are the following conditions: From the first full pay period after July 29, 2016, employees were allowed to pay some of their annual vacation requests under the Vehicle Manufacturing, Repair, Services and Retail Award 2010 , the Clerks Private Sector Award 2010, the Road Transport Distribution Award 2010 and others (the Awards). National Employment Standards (NES) provide that all workers covered by the national labour relations system, with the exception of casual workers, are entitled to at least four weeks of annual leave or five weeks for some shift workers. Starting with how leave can be paid, bonuses allow: It is very important that a copy of this agreement be kept on the employee`s data set. However, there are very strict rules governing the amount of leave that can be paid within a time frame and how this agreement should be implemented.  A worker is entitled to an additional week of leave when he or she receives a modern bonus or enterprise agreement and defines it as a posted worker for the purposes of the NES. Non-salary workers are workers posted for these purposes if they meet the requirements of the Fair Labour Act 2009.
You can find a template for an annual leave payment agreement in the members section of the MTA SA website, or if you have other requests for annual leave payments, please contact the MTA IR team on (08) 8291 2000 or email us here. An employee may sometimes wish, for whatever reason, that some or all of the annual leave be paid instead of keeping it in the bank or physically using it. As a result of recent Fair Work Commission decisions, most modern awards now allow workers with whom they apply to pay annual leave in certain circumstances. With regard to what an agreement on the payment of annual leave should contain, it should always be written: for more information on NES, in particular the rights to annual leave, see www.fairwork.gov.au and in the Ombudsman`s information sheet on annual leave and in the information sheet on national employment standards. With all the above, it is important to note that any agreement must be made voluntarily by the employee and that an employer is strictly prohibited from exerting any undue influence or coercion on the employee to compel him to pay.