Walga submitted, on behalf of the local government sector of Western Australia and the Northern Territory, requests for the inclusion of provisions that would allow annual leave to be paid to the LGIA. These observations were presented in April 2014 in collaboration with other local associations of the state and territory. The Fair Work Commission`s Full Bench has also taken a preliminary decision to include a provision allowing employers to grant leave from the previous year and to deduct amounts for all those who still need to be deducted from severance pay within the LGIA. However, an employer cannot deduct amounts for the remaining leave payable if the employee and employer have agreed to take their leave in advance. The Fair Work Commission`s full bench has also taken a preliminary decision to include a provision allowing employers to execute a worker on combinations of “excessive” annual leave. Interested parties are required to submit written submissions to the Fair Work Commission by 4 p.m. on Monday, July 13, regarding the text of the proposed provisions and whether the proposed provisions should be included in all modern distinctions (including the LGIA). Walga Employee Relations is requesting feedback from the industry on the wording of the proposed provisions and whether to include the proposed provisions in the LGIA. We will then consider submitting a written statement on behalf of the local government sector. Please give your opinion by Thursday, July 9 at 17:00. The preliminary opinion of WALGA Employee Relations is that these are welcome changes in that they allow a local government employer to agree on how a worker can use his annual smears. Please note that these provisions only apply to workers under the LGIA or an enterprise agreement if the terms of the LGIA are included in this enterprise agreement.
Proposed Provisions The proposed provision, which allows employers to order a worker to take “excessive” annual leave, is available here. The proposed provisions for the payment of annual leave and the granting of annual leave in advance have been declassified as draft decisions and can be accessed here. The original Full Bench decision can be made here. Please email WALGA Employee Relations or call (08) 9213 2014 if you have any comments or questions. A recent notable trend in this sector is that a number of local governments have carried out or are auditing their organizational structure, resulting in the dismissal of positions. In the face of pressure on local authorities to continue to provide services in the face of increasing financial pressure, this trend is not surprising.