Fair Work Commission confirms changes to Teachers Award as review continues

The Fair Work Commission has confirmed that where a teacher who is employed under the Teachers Award does not give the prescribed notice at the end of their employment, their employer can now deduct only a maximum of 2 weeks wages from the total wages owed.

The cap of two weeks differs from the previous clause, which did not have a cap in place and instead stated that the amount that could be deducted as being the total wages entitled from the full notice period less the actual wages entitled from the notice period actually given by the employee.

This change serves to protect the employee from deductions that would exceed 2 weeks wages, and is being made as part of the Modern Award Review being conducted by the Fair Work Commission, which has already seen changes to the “payment of wages on termination” clause in the Children’s Services Award and updates to the flexible work arrangement clauses in all awards. 

In addition, the Fair Work Commission has made variations to the following clauses, with the aim of clarifying and simplifying the previous Award wording in order to provide a clearer articulation of its requirements: 

• Clause 7: Individual flexibility arrangements – which details the rules around how an employer and an employee may agree to vary the terms of the Award
• Clause 8: Consultation about major workplace change – which details the steps an employer must take when implementing a major workplace change including changes to roster hours of work
• Clause 9: Dispute resolution – which details the steps for both employer and employee to follow when resolving a dispute
• Clause 11: Termination of employment – which details the requirements for notice of termination of employment and includes the 2 week wage deduction cap introduction mentioned above
• Clause 12: Redundancy – which details the steps to be followed in redundancy situations including transfer to lower paid duties, notice periods and job search entitlements

The review of the Modern Award continues with additional announcements relating to both the Teachers Award and Children’s Services Award expected in the coming weeks. 

To read the determination document for this announcement please click here.