News & Views

2nd June 2015

Electrical, Electronic and Communications Contracting Award 2010 Variation

In a decision issued on 27 May 2015, The Fair Work Commission has varied clause 28.1 of the Electrical, Electronic and Communications Award 2010 by deleting the following text appearing in clause 28.1(b) “Where an employee with 12 months continuous service is engaged for part of the 12 monthly period as a seven day shift worker, that employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a seven day shiftworker.”

Clause 28.1(b) and similar clauses of other Modern Awards were found by the Commission to be inconsistent with the National Employment Standards (NES). Under the NES an employee who is described by an Award as a shift worker for the purposes of the NES is entitled to five weeks annual leave for each year of service. Annual leave accrues progressively. 

Clause 28.1(b) now reads: “For the purposes of the additional week of annual leave provided for in the NES, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and Public Holidays.”

The variation to the Award takes effect from 27 May 2015.

A copy of the Award as varied can be obtained from the Fair Work Website www.fwc.gov.au/awards

Members who have any questions can contact Gordon Jervis on (02) 9744 1099 or email gordon.jervis@neca.asn.au.

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