MA000054  PR546275

The attached document replaces the document previously issued with the above code on 24 January 2014.

The matter number in the preamble of the document has been amended.

Clause references in Item A.1 and A.2 have been corrected.

Trudy Jones

Member Support Research Team

Dated 28 January 2014

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5,Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Modern Awards Review 2012—Annual Leave
(AM2012/165 and others)

ASPHALT INDUSTRY AWARD 2010
[MA000054]

A. Further to the decision issued by the Annual Leave Full Bench on 24 January 2014 [[2014] FWCFB 255] and pursuant to Item 6,Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 it is ordered that the Asphalt Industry Award 2010 be varied as follows:

1. By deleting clause 25.4(c) and inserting the following:

(c) Where an employee has been given notice pursuant to clauses 25.4(a) or (b) and the employee has:

(i) accrued sufficient annual leave to cover the full period of closing,the employee must take paid annual leave for the full period of closing;

(ii) insufficient accrued annual leave to cover the full period of closing,the employee must take paid annual leave to the full amount accrued and leave without pay for the remaining period of the closing;or

(iii) no accrued annual leave,the employee must take leave without pay for the full period of closing.

2. By deleting clause 25.4(d) and inserting the following:

(d) Public holidays that fall within the period of close down will be paid as provided for in this award and will not count as a day of annual leave or leave without pay.

3. By updating all cross-references accordingly.

B. This determination comes into operation on 24 January 2014.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

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