DETERMINATION

Fair Work Act 2009
s.157, s.160 and cl.48 of Schedule 1—Variations to modern awards

Casual terms award review 2021
(AM2021/54)

AUSTRALIAN GOVERNMENT INDUSTRY AWARD 2016
[MA000153]

Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 – casual amendments – review of modern awards – Australian Government Industry Award 2016 – award varied.

A. Pursuant to s.157, s.160 and 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 inserting the following definition in clause 2.1 in alphabetical order:

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

2. By inserting the sentence “This subclause does not apply to casual employees.” at the end of clause 9.4(c).

3. By deleting clause 9.5(a).

4. By renumbering clauses 9.5(b) and 9.5(c) as clauses 9.5(a) and 9.5(b).

5. By inserting clause 9.6 as follows:

9.6 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 8—Dispute resolution.

6. By deleting clause L.3.1(c) and inserting the following:

(c) Casual employment

CASA may only engage a casual employee to perform work on an irregular and intermittent basis.

7. By updating the cross references accordingly.

B. This determination comes into operation on 27 September 2021. Paragraphs 1–4 and 6–7 of this determination take effect on 27 September 2021. Paragraph 5 of 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 27 September 2021.

VICE PRESIDENT

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