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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Part 2 of Schedule 5, item 6—Review of all modern awards (other than modern enterprise
awards and State reference public sector modern awards) after first 2 years
Modern Awards Review 2012 – Part-day Public Holidays
(AM2012/355)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT SMITH
COMMISSIONER HAMPTON MELBOURNE, 12 SEPTEMBER 2013
[1] Our decision of 21 December 20121 dealt with the resolution of ambiguities and
uncertainties which arose from the proclamation of part-day public holidays in South
Australia for Christmas Eve and New Years Eve in December 2012. We decided to make a
range of determinations affecting 113 modern awards to resolve these ambiguities and
uncertainties. Five separate draft determinations were published on the Fair Work
Commission (the Commission) website on 20 December 2012 and parties were given an
opportunity to comment. Five final determinations were issued by Commissioner Hampton on
21 December 2012.2 The final determinations added an interim schedule to 113 modern
awards titled ‘2012 Part-day public holidays’.
[2] This Statement sets out the course we propose to take to deal with December 2013
part-day public holidays. This Statement should be read in conjunction with our decisions of
21 December 20123 relating to part-day public holidays, and our decision of 12 April 20134
relating to public holidays generally.
[3] Correspondence was received by the Commission on 21 August 2013 from United
Voice5, outlining that certain parties have had discussions regarding the need for a further
interim schedule in the affected modern awards to take into account the part-day public
holidays in South Australia in December 2013. In general terms, the proposal made by these
parties would involve extending the operation of the 2012 Part-day public holidays schedules
to include those part-day holidays this year. Further, the issue would be substantively
considered as part of the 2014 Modern Awards Review to be conducted by the Commission.
[4] Subject to the views of interested parties, we are minded to adopt this suggestion and
as a consequence will consider extending the current arrangements until the end of 2013.
[5] Commissioner Hampton will convene a conference of interested parties to seek any
views contrary to this proposal. This conference will be listed for 26 September 2013. A
notice of listing will be published on the Commission’s website, and parties will be notified
via the Commission’s subscription service. Following the conference, the Commissioner will
[2013] FWCFB 6916
STATEMENT
AUSTRALIA FairWork Commission
[2013] FWCFB 6916
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prepare a report for the Full Bench which may include draft determinations where there is
support for the proposal and an indication of the issues raised where a party seeks a contrary
outcome in relation to one or more modern awards.
[6] The report and any draft determinations will be published on the Commission’s
website for comment before any final determinations are made.
[7] We propose that the part-day public holiday issue will in any event be considered in
detail as part of the four yearly review of modern awards. This issue requires a more enduring
resolution. Proceedings as part of the four yearly review will provide parties with an
opportunity to put proposals to the Commission for specific ongoing provisions dealing with
part-day public holidays within the modern awards.
PRESIDENT
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Endnotes:
1 [2012] FWAFB 10738.
2 PR532628, PR532630, PR532631, PR532632 and PR532633.
3 [2012] FWAFB 10738.
4 [2013] FWCFB 2168 at paras 136 - 139.
5 United Voice wrote to the Commission on behalf of a number of parties including the Shop, Distributive and Allied
Employees Association (SDA) and SA Unions. United Voice advised that the SDA had also had discussions with Business
SA. This correspondence is published on the Commission’s website:
http://www.fwc.gov.au/documents/awardmod/review/AM2012355_corr_UV_220813.pdf
http://www.fwc.gov.au/documents/awardmod/review/AM2012355_corr_UV_220813.pdf
