DETERMINATION

Fair Work Act 2009
cl.48 of Schedule 1—Variations to modern awards

Casual award terms review 2021
(AM2021/54)

NURSERY AWARD 2020
[MA000033]

Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 – casual amendments – review of modern awards – Nursery Award 2020 – award varied.

A. Pursuant to clause 48 of Schedule 1 to the Fair Work Act 2009 and the decision issued by the Full Bench on 27 September 2021 [[2021] FWCFB 6008], the above award is varied as follows:

1. By deleting the definition of ‘casual employee’ in clause 2 and inserting the following in alphabetical order:

casual employee has the meaning given by section 15A of the Act.

2. By inserting the following definition in clause 2 in alphabetical order:

regular casual employee has the meaning given by section 12 of the Act.

3. By deleting clause 10.8.

4. By renumbering clause 10.9 as clause 10.8.

5. By deleting clause 11.1.

6. By renumbering clauses 11.2 to 11.7 as clauses 11.1 to 11.6.

7. By deleting clause 11.6 and inserting the following:

11.6 Offers and requests for casual conversion

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 30—Dispute resolution.

8. By replacing the words ‘regular and systematic casual employee’ appearing in clause 17.2(c) with the words ‘regular casual employee’.

9. By updating the cross references accordingly.

B. This determination comes into operation and takes effect on 27 September 2021.

VICE PRESIDENT

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