WR News: Fair Work Audit and Compensation Leave

19 May 2016

Work Ombudsman Compliance Audit

The Fair Work Ombudsman’s office has advised the Chamber that it will shortly be conducting a compliance campaign of businesses in the Australian Capital Territory.  Fair Work Inspectors will contact 30 businesses to assess their compliance with minimum wage rates, overtime, penalty rates, allowances, record-keeping and payslip obligations.  Members who want information on these obligations, or who require assistance in responding to an FWO request for information, can contact the Chamber’s WR Team on 1300 277 881.

Does Leave Accrue During Periods of Compensation Absence?

Under the National Employment Standards, annual leave and personal leave accrue progressively during a worker’s period of service.  However, an absence from work due to a compensable injury may not count as service for leave accruals depending on the relevant State or Territory compensation law.  A NSW court decision has ruled that the NSW Workers Compensation Act 1987 should be “interpreted” to allow NSW-based workers to accrue annual leave and personal leave during absences accepted for compensation.  The ACT’s Workers’ Compensation Act 1951 is worded differently to the NSW Act, and our view is that ACT workers will not accrue leave during compensation absences.  However, this issue has not yet been tested in a court. 

CBC Members can obtain further information on Public Holidays and other conditions of employment by calling the Chamber’s Workplace Relations Hotline on 1300 277 881.