Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5 - Modern awards review
Fair Work Act 2009
s.160—Variation of modern award
Part-day public holidays
TIMBER INDUSTRY AWARD 2010
JUSTICE ROSS, PRESIDENT
ADELAIDE, 21 DECEMBER 2012
Part-day public holidays variation.
A Further to the Decision issued on 21 December 2012 [ FWAFB 10738], it is ordered that this award be varied as follows:
1. By inserting a new schedule I as follows:
Schedule I—2012 Part-day public holidays
This schedule operates in conjunction with award provisions dealing with public holidays.
I.1 Where a part-day public holiday is declared or prescribed between 7.00pm and midnight on Christmas Eve (24 December 2012) or New Year’s Eve (31 December 2012) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:
(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight but as a result of exercising their right under the NES does not work, they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight but as a result of being on annual leave does not work, they will be taken not to be on annual leave between those hours of 7.00pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight, but as a result of having a rostered day off (RDO) provided under this award, does not work, the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Where an employee works any hours between 7.00pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) An employee whose ordinary pattern of work involves rostered shifts which include the hours between 7.00pm and midnight but who is not rostered to work between 7.00pm and midnight on 24 December 2012 or 31 December 2012, and who is entitled to the benefit of clause 36.3 or 36.5 of this award, shall be entitled to the benefit of those clauses on a pro-rata basis, by reference to the number of ordinary hours falling between 7.00pm and midnight. An employee whose ordinary pattern of work DOES NOT include rostered shifts which include the hours between 7.00pm and midnight shall not be entitled to the benefit of clauses 36.3 and 36.5 of this award.
This schedule is an interim provision and subject to further review.
2. By updating the table of contents accordingly.
B. This determination comes into operation on and from the first full pay period commencing on or after 23 November 2012.
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