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 PUBLIC SERVICE ENTERPRISE AWARD 2015
[MA000124]

Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 – casual amendments – review of modern awards – Australian Public Service Enterprise Award 2015 – 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 deleting clause 6.1.

2 By renumbering clauses 6.2 to 6.5 as clause 6.1 to 6.4.

3. By inserting a note after clause 6.1 as follows:

NOTE: The Public Service Act 1999 contains provisions which specify the basis of engagement for an employee covered by this award.

4. By deleting clause 6.4(a) and inserting the following:

(a) An irregular or intermittent employee is an employee who:

(i) is a casual employee; and

(ii) works on an irregular or intermittent basis.

5. By inserting new clause 6.5 as follows:

6.5 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 26—Dispute resolution.

6. By inserting the following definition in Schedule E in alphabetical order:

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

7. By updating the cross references accordingly.

B. This determination comes into operation on 27 September 2021. Paragraphs 1 to 4 and 6 and 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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