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

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

NURSES AWARD 2020
[MA000034]

4 yearly review of modern awards – common issue – part-day public holidays – Nurses 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 numbering the text in clause 28.4 as clause 28.4(a).

2. By inserting clause 28.4(b) as follows:

(b) If a public holiday is a part-day public holiday, then clause 28.4(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

3. By deleting the text of clause 28.5 and inserting the following:

Where an employee’s accrued day off falls on a public holiday, another day or part-day, determined by the employer, will be taken instead. Where practical the alternative day or part-day off will be taken within the same 4 or 5 week work cycle

4. By deleting clause 28.7.

5. By deleting Schedule F—Part-day Public Holidays.

6. 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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