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

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

BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2020
[MA000020]

4 yearly review of modern awards – common issue – part-day public holidays – Building and Construction General On-site 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 16.3 as clause 16.3(a).

2. By inserting clause 16.3(b) as follows:

(b) If a public holiday is a part-day public holiday, then clause 16.3(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

3. By inserting the words “or part-shift” after the words “regarded as a shift” in clause 17.2(e).

4. By renumbering clauses 29.11 and 29.12 as clauses 29.12 and 29.13.

5. By inserting a new clause 29.11 as follows:

29.11 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 29.10.

6. By inserting the words “or part-days” after the words “or substituted days” in clause 30.1(e).

7. By inserting clause 30.2(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 30.2(d).

8. By deleting clause 36.4.

9. By deleting Schedule H—Part-day Public Holidays.

10. 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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