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

4 yearly review of modern awards—Part-day public holidays
(AM2014/301)

TEXTILE, CLOTHING, FOOTWEAR AND ASSOCIATED INDUSTRIES AWARD 2020
[MA000017]

4 yearly review of modern awards – common issue – part-day public holidays – Textile, Clothing, Footwear and Associated Industries Award 2020

A. Further to the Full Bench decision issued by the Fair Work Commission on 4 November 2022 [[2022] FWCFB 196], the above award is varied as follows:

1. By renumbering clauses 37.3(b) and (c) as clauses 37.3(c) and (d).

2. By inserting a new clause 37.3(b) as follows:

(b) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 37.3(a).

3. By deleting clause 37.6 and inserting the following:

37.6 Rostered day off falling on public holiday

(a) Except where the rostered day off falls on a Saturday or a Sunday, where a full-time employee’s ordinary hours of work are structured to include a day off and that day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

(i) 7.6 hours of pay at the ordinary hourly rate; or

(ii) 7.6 hours of extra annual leave; or

(iii) a substitute day off on an alternative week day.

(b) If a public holiday is a part-day public holiday, then clause 37.6(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

4. By inserting clause 37.7(c) as follows:

(c) If a public holiday is a part-day public holiday, then clause 37.7(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

5. By deleting clause 37.8.

6. By inserting clause F.5.3(d) as follows:

(d) If a public holiday is a part-day public holiday, then clause F.5.3 applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

7. By inserting the words “or part-day’s” after the words “you should receive a day’s” in the Public holidays section in the Appendix to Schedule F—Information to be given to outworkers.

8. By deleting Schedule J—Part-day Public Holidays.

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

B. This determination comes into operation on 14 November 2022. In accordance with s.165(3) of the Fair Work Act 2009 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 14 November 2022.

VICE PRESIDENT

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