MODERN AWARDS – 4 yearly review – common issue – s.156 Fair Work Act 2009 – Full Bench – decision to deal with Educational Services (Teachers) Award 2010 (Teachers Award) in relation to insertion of various annual leave model terms as part of 4 yearly review – to be read in conjunction with previous decisions including June 2015 decision [[2015] FWCFB 3406], September 2015 decision [[2015] FWCFB 5771], May 2016 decision [[2016] FWCFB 3177] and June 2016 decision [[2016] FWCFB 3953] – in May 2016 decision, Annual Leave Common Issue Full Bench expressed provisional view to vary all modern awards to incorporate provision providing for annual leave to be taken in advance, allowing cashing out of annual leave and excessive annual leave accruals – submissions received from Associations of Independent Schools (AIS) on behalf of six employer associations representing more than 1020 employers and Independent Education Union (IEU) on behalf of teachers in non-government schools covered by Teachers Award – both parties agreed that none of the three model terms should be inserted in Teachers Award – overarching position of parties was that individual arrangements of schools rendered model clauses unnecessary – parties maintained positions at conference before Commissioner Johns on 23 February 2017 that model terms should not be included in Teachers Award – agreed that model terms should only apply to teachers employed in early childhood service operating for 48 or more weeks per year as there was potential for employees in this category to accrue leave and take leave at a different time – Full Bench determined that due to nature of education industry annual leave model terms should not apply to employees under Teachers Award other than those covered by Schedule B – written submissions and comments in relation to draft determination should be send to [email protected] by 4:00pm Monday 8 May 2017. 4 yearly review of modern awards – Educational Services (Teachers) Award 2010
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