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

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

VEHICLE REPAIR, SERVICES AND RETAIL AWARD 2020
[MA000089]

4 yearly review of modern awards – common issue – part-day public holidays – Vehicle Repair, Services and Retail 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 renumbering clause 24.5(c) as clause 24.5(d).

2. By inserting a new clause 24.5(c) as follows:

(c) Hours of work performed immediately before or after a part-day public holiday on the same day as the part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 24.5(b).

3. By deleting clause 24.5(d) and inserting the following:

(d) Clauses 24.5(a) and (b) do not apply where work is continuous with overtime or work commenced on the previous day or completed on the following day.

4. By renumbering clause 27.5(c)(ii) as clause 27.5(c)(iii).

5. By inserting a new clause 27.5(c)(ii) as follows:

(ii) 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 27.5(c)(i).

6. By numbering the text in clause 34.3 as clause 34.3(a).

7. By inserting clause 34.3(b) as follows:

(b) If a public holiday is a part-day public holiday, then clause 34.3(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

8. By deleting clause 34.4.

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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