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

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

CHILDREN’S SERVICES AWARD 2010
[MA000120]

4 yearly review of modern awards – common issue – part-day public holidays – Children’s Services Award 2010

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 deleting clause 23.5(d) and inserting the following:

(d) All time worked on a public holiday will be paid at the rate of double time and a half. Where both a public holiday and a substitute day or part-day are worked, public holiday penalties are payable for only one of those days or part-days, at the election of the employee.

2. By inserting 23.5(f) as follows:

(f) 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 23.5(e).

3. By renumbering clause 27.4(b) as clause 27.4(c).

4. By inserting a new clause 27.4(b) as follows:

(b) If a public holiday is a part-day public holiday, then clause 27.4(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

5. By inserting the words “or part-day” after the words “a substitute day” in clause 27.4(c).

6. By deleting the note appearing at the end of clause 27.

7. By deleting Schedule E—Part-day Public Holidays.

8. By renumbering Schedules F–I as Schedules E–H.

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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