|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards—Part-day public holidays
SILVICULTURE AWARD 2020
VICE PRESIDENT HATCHER
SYDNEY,4 NOVEMBER 2022
4 yearly review of modern awards –common issue –part-day public holidays –Silviculture Award 2020
A. Further to the Full Bench decision issued by the Fair Work Commission on 4 November 2022 [ FWCFB 196],the above award is varied as follows:
1. By deleting clause 13.8(b) and inserting the following:
(b) In the event that a public holiday is prescribed after notice is given to an employee of the taking of the RDO and the public holiday falls on the day the employee is to take off,the employer must allow the employee to take the day or part-day off on any alternative day or part-day where the employee is normally rostered to work ordinary hours.
2. By inserting clause 19.6(c)(iv) as follows:
(iv) Hours of work performed immediately before or after a part-day public holiday,that form part of one continuous shift,are counted as part of the minimum payment/engagement period in clause 19.6(c)(iii).
3. By inserting the words “or part-shift”after the words “regarded as a shift”in clause 20.5.
4. By deleting clause 27.3.
5. By deleting Schedule G—Part-day Public Holidays.
6. By updating the table of contents and cross-references accordingly.
B. This determination comes into operation on 14 November 2022. 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 14 November 2022.
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