|FAIR WORK COMMISSION|
Fair Work Act 2009
s.157,s.160 and cl.48 of Schedule 1—Variations to modern awards
Casual terms award review 2021
BLACK COAL MINING INDUSTRY AWARD 2010
VICE PRESIDENT HATCHER
SYDNEY,27 SEPTEMBER 2021
A. Pursuant to s.157,s.160 and clause 48 of Schedule 1 to the Fair Work Act 2009 and the decision issued by the Full Bench on 27 September 2021 [ FWCFB 6008],the above award is varied as follows:
1. By inserting the following definitions in clause 3.1 in alphabetical order:
casual employee has the meaning given by section 15A of the Act.
regular casual employee has the meaning given by section 12 of the Act.
2. By deleting clause 10.4(a).
3. By renumbering clauses 10.4(b) and 10.4(c) as clauses 10.4(a) and 10.4(b).
4. By inserting clause 10.5 as follows:
10.5 Offers and requests for casual conversion
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE:Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 9—Dispute resolution.
5. By deleting clause A.6.8(d) and inserting the following:
(d) Clause A.6.8(c) only applies where the employee,immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months as a full time employee or twelve months as a part time or regular casual employee.
6. By updating the cross references accordingly.
B. This determination comes into operation on 27 September 2021. Paragraphs 1-3 and 5-6 of this determination take effect on 27 September 2021. Paragraph 4 of 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 27 September 2021.