From 1 January 2010, modern awards and the National Employment Standards (NES) commence for all employers and employees in the national workplace relations system.
The NES replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard), while rates of pay are covered under modern awards.
What’s final pay?
Final pay is what the employer owes and must pay an employee, when the employer ends their employment.
What’s included in final pay?
Employees should get the following entitlements in their final pay:
- outstanding wages, including penalty rates and allowances
- accrued annual leave entitlements
- accrued or pro-rata long-service leave (if applicable)
- redundancy pay entitlements (if applicable).
You should check the entitlements in the relevant modern award, pre-modern award, agreement or NAPSA, whichever applies.
It’s best practice to make the final wage payment on the final day of work or within the pay run that includes that day.
When entitlements aren’t paid out
If an employee believes they haven’t been paid out for all of their entitlements in their final pay, the Fair Work Ombudsman can investigate. The Fair Work Ombudsman can take action to make sure the employer pays out all the legal entitlements.
Get help to calculate final pay.
Call the Fair Work Infoline on 13 13 94.
Up to 31 December 2009
Minimum conditions for pay and leave in the national workplace relations system are governed by the Australian Fair Pay and Conditions Standard (the Standard) and minimum entitlement provisions of the Workplace Relations Act 1996 as preserved.