|FAIR WORK COMMISSION|
Fair Work Act 2009
s.157, s.160 and cl.48 of Schedule 1—Variations to modern awards
Casual terms award review 2021
AUSTRALIAN PUBLIC SERVICE ENTERPRISE AWARD 2015
VICE PRESIDENT HATCHER
SYDNEY, 27 SEPTEMBER 2021
Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 – casual amendments – review of modern awards – Australian Public Service Enterprise Award 2015 – award varied.
A. Pursuant to s.157, s.160 and clause 48 of Schedule 1 to the Fair Work Act 2009 and the decision issued by the Full Bench on 27 September 2021 [ FWCFB 6008], the above award is varied as follows:
1. By deleting clause 6.1.
2 By renumbering clauses 6.2 to 6.5 as clause 6.1 to 6.4.
3. By inserting a note after clause 6.1 as follows:
NOTE: The Public Service Act 1999 contains provisions which specify the basis of engagement for an employee covered by this award.
4. By deleting clause 6.4(a) and inserting the following:
(a) An irregular or intermittent employee is an employee who:
(i) is a casual employee; and
(ii) works on an irregular or intermittent basis.
5. By inserting new clause 6.5 as follows:
6.5 Offers and requests for casual conversion
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 26—Dispute resolution.
6. By inserting the following definition in Schedule E in alphabetical order:
casual employee has the meaning given by section 15A of the Act
7. By updating the cross references accordingly.
B. This determination comes into operation on 27 September 2021. Paragraphs 1 to 4 and 6 and 7 of this determination take effect on 27 September 2021. Paragraph 5 of this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 27 September 2021.
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