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

4 yearly review of modern awards—Part-day public holidays
(AM2014/301)

EDUCATIONAL SERVICES (POST–SECONDARY EDUCATION) AWARD 2020
[MA000075]

4 yearly review of modern awards – common issue – part-day public holidays – Educational Services (Post-Secondary Education) Award 2020

A. Further to the Full Bench decision issued by the Fair Work Commission on 4 November 2022 [[2022] FWCFB 196], the above award is varied as follows:

1. By deleting clause 22.1(c)(iii) and inserting the following:

(iii) Where both a public holiday and a substitute day or part-day are worked, public holiday penalty rates are payable for only one of those days or part-days to be selected by the employee.

2. By inserting clause 22.1(c)(iv) as follows:

(iv) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 22.1(c)(ii).

3. By deleting clause 28.3.

4. By deleting Schedule J—Part-day Public Holidays.

5. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation on 14 November 2022. 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 14 November 2022.

VICE PRESIDENT

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