MA000112  PR747470
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

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

LOCAL GOVERNMENT INDUSTRY AWARD 2020
[MA000112]

Local government administration

VICE PRESIDENT HATCHER
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

SYDNEY, 4 NOVEMBER 2022

4 yearly review of modern awards – common issue – part-day public holidays – Local Government Industry 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 clause 28.5(c) as follows:

(c) If a public holiday is a part-day public holiday, then clause 28.5 applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

2. By deleting the text in clause 28.6 and inserting the following:

If an accrued rostered day off falls on a public holiday as prescribed in the NES, the next working day or part-day will be substituted. Another day or part-day may be substituted by written agreement.

3. By deleting clause 28.7.

4. By deleting Schedule I—Part-day Public Holidays.

5. 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.

Seal of the Fair Work Commission with the memeber's signature.

VICE PRESIDENT

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