|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards—Part-day public holidays
CLERKS—PRIVATE SECTOR AWARD 2020
VICE PRESIDENT HATCHER
SYDNEY, 4 NOVEMBER 2022
4 yearly review of modern awards – common issue – part-day public holidays – Clerks–Private Sector Award 2020
A. Further to the Full Bench decision issued by the Fair Work Commission on 4 November 2022 [ FWCFB 196], the above award is varied as follows:
1. By inserting the words “or part-day” after the words “substituted day” in clause 24.4(a).
2. By deleting clause 24.4(b) and inserting the following:
(b) Despite clause 24.4(a), if an employee works on both a public holiday and the substituted day or part-day, the employee is entitled to be paid for one of the days or part-days at the penalty rate specified in clause 24.4(a).
3. By inserting clause 24.4(e) as follows:
(e) 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 24.4(d).
4. By deleting clause 37.4.
5. By deleting Schedule H—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.
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