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Fair Work Act 2009
s.160 - Application to vary a modern award to remove ambiguity or uncertainty or correct
error
Part-day public holidays
(AM2012/355)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT SMITH
COMMISSIONER HAMPTON MELBOURNE, 30 SEPTEMBER 2014
Applications to vary modern awards in relation to part-day public holiday provisions.
[1] This statement sets out the course we propose to take to deal with December 2014
part-day public holidays in South Australia. The statement should be read in conjunction with
the statement issued by Commissioner Hampton on 29 September 20141 and our decisions of
13 November 20132 and 21 December 20123 relating to part-day public holidays.
[2] Following a conference of interested parties on 17 September 2014 a consent position
was reached to continue the present arrangements to cover the Christmas and New Year part-
day public holidays that will take place in South Australia in 2014. There were, however,
differing views about the manner in which to give effect to the continuation of the present
arrangements. Two options are canvassed in Commissioner Hampton’s statement.
[3] The first option is for this Full Bench to amend the references to 2013 in each of the
part-day public holiday schedules in the relevant modern awards and insert 2014 in lieu
thereof. Any ‘on going’ variations could then be considered as part of the 4 yearly review of
modern awards. Parties would be at liberty to make an application to further vary one or more
of the schedules.
[4] The second option is to amend each of the part-day public holiday schedules to apply
to part-day public holidays occurring on Christmas Eve and New Year’s Eve on an ongoing
basis.
[5] Interested parties are asked to provide full written submissions commenting on their
preferred option for dealing with this matter, being the ‘interim’ solution outlined in
paragraph [3] or the ‘on going’ solution outlined in paragraph [4] of this statement.
1 [2014] FWC 6717
2 [2013] FWCFB 8938
3 [2012] FWAFB 10738.
[2014] FWCFB 6857
STATEMENT
E AUSTRALIA FairWork Commission
[2014] FWCFB 6857
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[6] If any party objects to the consent position reached, that is, to continue the present
arrangement, they are to notify the Commission by filing a written submission.
[7] All submissions are to be forwarded to amod@fwc.gov.au no later than 4.00 pm on
Tuesday 21 October 2014.
[8] Submissions in reply are due no later than 4.00 pm on Friday 31 October 2014.
[9] We will determine this matter based on the written submissions filed and there will not
be an oral hearing.
PRESIDENT
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