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)

FAST FOOD INDUSTRY AWARD 2010
[MA000003]

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 30.2 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 renumbering clause 30.3 as clause 30.4.

3. By inserting a new clause 30.3 as follows:

30.3 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 an employee works on either the part-day public holiday or the substitute part-day public holiday penalties apply. If both part-days are worked, the public holiday penalties must be paid on one part-day chosen by the employee.

4. By inserting the following note at the end of clause 30:

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

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

E.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.

6. 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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