DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—plain language re-drafting—facilitative provisions altering span of hours
(AM2016/15)

CLERKS—PRIVATE SECTOR AWARD 2020
[MA000002]

4 yearly review of modern awards –plain language re-drafting –facilitative provisions altering span of hours clauses –remove ambiguity.

A. Further to the Full Bench decision [[2021] FWCFB 3426] issued by the Fair Work Commission on 16 June 2021,the above award is varied as follows:

1. By deleting clause 13.4 and inserting the following:

13.4 The spread of ordinary hours in clause 13.3 (7.00 am and 7.00 pm Monday to Friday and 7.00 am and 12.30 pm Saturday) may be moved up to one hour forward or one hour back by agreement between an employer and:

(a) the majority of employees at the workplace;

(b) the majority of employees in a discrete section of the workplace;or

(c) an individual employee.

Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.

2. By deleting clause 25.2 and inserting the following:

25.2 The spread of ordinary hours on shifts referred to in clause 25.1 may be moved up to one hour forward or one hour back by agreement between an employer and:

(a) the majority of employees at the workplace;

(b) the majority of employees in a discrete section of the workplace;or

(c) an individual employee.

Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.

3. By updating the cross-references accordingly.

B. This determination comes into operation from 1 July 2021. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 1 July 2021.

PRESIDENT

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