DETERMINATION

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

4 yearly review of modern awards—plain language re-drafting—facilitative provisions altering span of hours
(AM2016/15)

CONTRACT CALL CENTRES AWARD 2020
[MA000023]

4 yearly review of modern awards – plain language re-drafting – facilitative provisions altering span of hours clauses – remove ambiguity.

A. Further to the Full Bench decision [[2021] FWCFB 3426] issued by the Fair Work Commission on 16 June 2021, the above award is varied as follows:

1. By deleting clause 13.7 and inserting the following:

13.7 Flexibility in relation to working hours

(a) The following forms of flexibility may be implemented in respect of all employees in a workplace or section(s) thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section(s). Agreement in this respect may also be reached between the employer and an individual employee:

(i) the spread of hours in clauses 13.6(a)(i) and 13.6(a)(ii) may be moved up to one hour forward or one hour back by agreement;

(ii) in excess of 10 hours and up to 12 hours of ordinary time may be worked per day or shift. The implementation of 12 hour days or shifts is subject to the provisions of clause 13.12;

(iii) a roster may operate on the basis that the weekly average of 38 ordinary hours is worked over a period which exceeds 28 consecutive days but does not exceed 12 months.

(b) Where an agreement is reached by the majority of employees it will apply to all the employees in the workplace or section(s) to which the agreement applies. This does not in any way restrict the application of individual agreement.

(c) Where an agreement is reached in accordance with clause 13.7, the agreement must be recorded in the time and wages records.

2. By updating the cross-references accordingly.

B. This determination comes into operation from 1 July 2021. 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 1 July 2021.

PRESIDENT

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