Employers fear hit by significant backpay declarations after the Government Gillard companies must pay annual leave loads into opportunities when workers resign or are made redundant.
Accusing the Government to deliver a victory to the unions, the Australian Chamber of Commerce and industry said yesterday evening employers left decision through a variety of industries potentially responsible for significant extra payments to employees who resigned or were dismissed since 2009.
Peter Anderson, Chief Executive of the Chamber, said that the move by the Ombudsman's job fair, based on the opinion of the Australian Government Attorney, was in disagreement with decisions by former Australian Industrial Relations Commission.
According to match vista by The Australian, the Ombudsman indicated previously considered that employers were not required to pay leave loading after termination, except for a lease agreement or workplace.
However, the Ombudsman has written for the camera, saying that the AGS now has "indicated a contrary opinion" and the Ombudsman was "currently persuaded by his reasoning".
Mr Anderson said that employers faced paying loading even in cases where a premium modern considered loading does not apply, or was silent on the issue.
"If this interpretation is correct is an interpretation which applies the national employment standards came into operation in 2009," he said. "Potentially Employers will face retrospective backpayment applications by persons who resigned and were dismissed and do not receive your 17.5 per cent load".
Mr Anderson has written for the workplace relations Minister federal, Chris Evans, asking him to intervene and remedy this situation "unacceptable".
But Senator Evans night stayed with the decision.
"The Government believes that employees should not be disadvantaged for not taking their accumulated annual leave before finishing his work," he said.
"National employment standards provide that when an employee's employment that must be paid for any accrued annual leave entitlements at the rate that would have been paid had the annual license.
"The Ombudsman fair labour recently consulted stakeholders because there was some uncertainty among parties on the national minimum standard for calculating an employee's right to the payment of accrued annual leave when your employment ends.
"This problem has now been resolved. FWO recommended parts that annual leave loading is paid when accrued annual leave is paid when employment ends. "
Mr Anderson said last night that the Government's position was "regrettable".
He said that "the Government is prepared for a legal interpretation substitute your own industrial relations court,".
"To raise costs and do anything about it-that is very timely. He will hand the trade union movement a win that (he) could not achieve the industrial tribunal, and if the Union sometimes the agreement wouldn't request loading of the Court.
"I think is a very unsatisfactory and opportunistic approach to industrial relations."
In a statement, Chief Executive of Ombudsman work fair Michael Campbell indicated employers couldn't be processed retrospectively.
"The FWO recognizes that some parties have a vision which is contrary to their interpretation that charging an annual license is any right of accumulated annual leave on termination of employment, where it is otherwise paid during employment," he said.
"The FWO is taking and will take a common sense approach to deal with cases of non-compliance, we can identify.
"Where can we find an employer in the future depend on good faith opinion earlier, we are going to be fair and flexible and deal with the issue through voluntary compliance.
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