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Termination during R & R Periods

The unpaid R&R period in a roster has been a common feature on recent Queensland resource projects such as Curtis Island, Surat CSG projects, Bowen Basin Coal projects and the current LNG projects in Northern Territory. There has been a common practice of providing employees with notice of termination concurrent with a period of R&R to avoid the payment of wages, as there is no ordinary pay or ordinary hours of work for that week. However a recent industrial dispute lodged by the Electrical Trades Union (ETU) seeking the payment of employees for notice of termination despite the R&R period has initially been determined in the union’s favour. The Fair Work Commission initially determined that

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