DETERMINATION

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

4 yearly review of modern awards
(AM2014/202)

FIRE FIGHTING INDUSTRY AWARD 2010
[MA000111]

4 yearly review of modern awards –alleged inconsistencies with NES.

A. Further to the Full Bench decisions issued on 23 December 2014 1 and 8 May 20152,the above award is varied as follows:

1. By deleting clause 28.2 and inserting the following:

28.2 Shiftworkers for the purposes of the NES

For the purpose of s.87(1)(b) of the Act,a shiftworker is an employee:

(a) who works a roster and who,over the roster cycle,may be rostered to work ordinary shifts on any of the seven days of the week;and

(b) who is regularly rostered to work on Sundays and public holidays.

2. By deleting clause 28.3(b) and inserting a new clause 28.3(b) as follows:

(b) Where an employee leaves their employment they will be entitled to pro rata payment instead of the annual leave provided in this clause for such broken periods of service calculated on the basis of 21.67% of the ordinary wage payment received by the employee during such period.

B. This determination comes into force from 27 May 2015.

VICE PRESIDENT

 1  [2014] FWCFB 9412.

 2  [2015] FWCFB 3023.

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