|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
WASTE MANAGEMENT AWARD 2020
Waste management industry
VICE PRESIDENT HATCHER
SYDNEY,4 NOVEMBER 2022
4 yearly review of modern awards –common issue –part-day public holidays –Waste Management Industry 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 27.3 and inserting the following:
27.3 Rostered day off falling on a public holiday
(a) Where an employee’s rostered day off falls on a public holiday,the employee is entitled,at the discretion of the employer,to either:
(i) 7 hours and 36 minutes of pay at the appropriate minimum rate;or
(ii) 7 hours 36 minutes’extra annual leave;or
(iii) a substitute day off.
(b) If a public holiday is a part-day public holiday,then clause 27.3(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
2. By inserting clause 27.5(h) as follows:
(h) Work performed on part-day public holidays
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 27.5.
3. By deleting clause 27.6.
4. By deleting schedule G—Part-day Public Holidays.
5. 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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