MA000101  PR747449

The attached document replaces the document previously issued with the above code on 4 November 2022.

The Determination has been refiled to correct a typographical error in item A.1 – clause 13.4(c) changed to clause 13.4(e).

The amendments are administrative in nature and to do not affect the content of the decision originally issued.

Modern Awards, Economics and Research Section

On behalf of the Associate to Vice President Hatcher

Dated 10 November 2022

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

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

GARDENING AND LANDSCAPING SERVICES AWARD 2020
[MA000101]

4 yearly review of modern awards – common issue – part-day public holidays – Gardening and Landscaping Services 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 inserting the words “or part-day” after the words “as a day” in clause 13.4(e).

2. By numbering the text in clause 25.2 as clause 25.2(a).

3. By inserting clause 25.2(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 25.2(a).

4. By deleting clause 25.4.

5. By deleting Schedule I—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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