The terms and conditions of employment in many industries in Australia are governed by a combination of federal industrial relations legislation and modern industrial awards. Modern industrial awards are the end product of a process of rationalisation and amalgamation conducted by the Fair Work Commission (Australia’s federal industrial relations tribunal) of a plethora of previously existing industrial instruments. The Fair Work Commission conducts reviews of modern industrial awards every four years. As a consequence of the most recent review, the Fair Work Commission has made variations to modern industrial awards which allow for employees to cash out their annual leave entitlements; variations to awards which deal with how employees are paid while on annual leave; and variations to awards which allow for annual leave to be taken in advance of its accrual. The Fair Work Commission has also expressed a provisional view that all modern industrial awards should contain certain terms permitting an employer to require an employee to take leave where their leave accrual is excessive.
Australia