As of 11 June 2020, award terms that the Fair Work Commission described as “vague and uncertain” and “ambiguous and impractical” will be removed from the Transport Awards.
For a long time, the Road Transport and Distribution Award 2010 and the Road Transport (Long Distance) Award 2010 (together ‘the Transport Awards’) have contained a term that says an employer must pay to an employee who leaves or is dismissed all moneys due to the employee “forthwith” (Distribution Award) and “immediately” (Long Distance Award).
NatRoad expected that this outdated provision was to be changed in 2018 when the Commission handed down a series of decisions setting out a model term that reflected more realistic payment arrangements, giving employers 7 days to make the payment.
Unfortunately, the Commission abandoned its decision to automatically insert the model term into the awards, and instead would only insert the term where the parties to the awards jointly consented. As the Transport Workers Union (TWU) would not agree to the variation, in September 2019 NatRoad lodged applications in the Commission to vary both transport awards to reflect the model term.
NatRoad acknowledges the assistance from our members in providing corroborative support to our application which was won.
The change will assist all road transport employers in better complying with the transport awards as well as providing employees with their entitlements in a reasonable period after employment ends.
If you need further information please reach out to our member services team on 1800 272 144 or email [email protected]