DETERMINATION

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

4 yearly review of modern awards—Plain language redrafting—Substitution of public holidays
(AM2016/15)

GENERAL RETAIL INDUSTRY AWARD 2010
[MA000004]

4 yearly review of modern awards – plain language redrafting – substitution of public holidays – award variation.

A. Further to the Full Bench decision [[2019] FWCFB 5145] issued by the Fair Work Commission on 25 July 2019 the above award is varied as follows:

1. By deleting the sentence “An employer and a majority of employees may agree to substitute another day for a public holiday.” in clause 34.2 and inserting “An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.”

2. By inserting clause 34.3 as follows:

34.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES. If either the part-day public holiday or the substitute-part day is worked, public holiday penalties must be paid. If both part-days are worked, one part-day at the election of the employee must be paid at public holiday rates.

3. By inserting the following note at the end of clause 34:

NOTE: For provisions relating to part-day public holidays see Schedule F—Part-day Public Holidays.

4. By inserting the following clause at the end of Schedule F—Part-day Public Holidays:

F.2 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

5. By updating cross-references accordingly.

B. This determination comes into operation from 4 October 2019. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 4 October 2019.

PRESIDENT

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