|FAIR WORK COMMISSION|
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
MINING INDUSTRY AWARD 2010
JUSTICE ROSS, PRESIDENT
MELBOURNE, 20 SEPTEMBER 2019
4 yearly review of modern awards – plain language redrafting – substitution of public holidays – award variation.
A. Further to the Full Bench decision [ FWCFB 5145] issued by the Fair Work Commission on 25 July 2019 the above award is varied as follows:
1. By deleting clause 26.2 and inserting the following:
26.2 Substitution of public holidays
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) 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.
2. By inserting the following note at the end of clause 26:
NOTE: For provisions relating to part-day public holidays see Schedule F—Part-day Public Holidays.
3. 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.
4. 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.
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