Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Toll Transport Pty Ltd T/A Toll Transport
(AM2022/21)

ROAD TRANSPORT AND DISTRIBUTION AWARD 2020
[MA000038]

Section 160 of the Fair Work Act 2009 (Cth) – variation to remove ambiguity or uncertainty – variation of clause 24.10 of the Road Transport and Distribution Award 2010 – variation of clause 22.10 of the Road Transport and Distribution Award 2020 – retrospective operation.

A. Further to the decision issued by the Fair Work Commission on 20 December 2022 [[2022] FWC 3346], the above award is varied as follows:

1. By inserting the words “shift roster” after the words “night shift which” appearing in clause 24.10 as it was made on 1 January 2010.

2. By inserting the words “shift roster” after the words “night shift which” appearing in clause 22.10.

B. Item 1 of this determination is made retrospectively and comes into operation on 1 January 2010. In accordance with s.165(3) of the Fair Work Act 2009 (Cth) this item 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 1 January 2010.

C. Item 2 of this determination is made retrospectively and comes into operation on 4 May 2020. In accordance with s.165(3) of the Fair Work Act 2009 (Cth) this item 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 4 May 2020.

DEPUTY PRESIDENT

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