DETERMINATION

Fair Work Act 2009
s.160—Variation of modern award to remove ambiguity or correct error

Part-day public holidays
(AM2019/22)

TIMBER INDUSTRY AWARD 2010
[MA000071]

Part-day public holidays variation.

A. Further to the Full Bench decision issued by the Fair Work Commission on 17 December 2019 [[2019] FWCFB 8491], the above award is varied as follows:

1. At clause I.1 by inserting the words “6.00 pm and midnight, or” before “7.00 pm”.

2. At clause I.1(b) by deleting “between 7.00 pm and midnight” and inserting “on the declared or prescribed part-day public holiday” in its place.

3. By deleting clause I.1(c) and inserting the following:

(c) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of being on annual leave does not work, they will be taken not to be on annual leave during the hours of the declared or prescribed part-day public holiday that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

4. At clause I.1(d) by deleting “between 7.00 pm and midnight” and inserting “on the declared or prescribed part-day public holiday” in its place.

5. At clause I.1(e) by deleting “between 7.00 pm and midnight” and inserting “on the declared or prescribed part-day public holiday” in its place.

6. By deleting clause I.1(f) and inserting the following:

(f) An employee whose ordinary pattern of work involves rostered shifts which include the hours on the declared or prescribed part-day public holiday but who is not rostered to work on the declared or prescribed part-day public holiday, and who is entitled to the benefit of clause 36.3 or 36.4 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 on the declared or prescribed part-day public holiday. An employee whose ordinary pattern of work DOES NOT include rostered shifts which include the hours on the declared or prescribed part-day public holiday shall not be entitled to the benefit of clauses 36.3 and 36.4 of this award.

7. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation from 18 November 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 18 November 2019.

PRESIDENT

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