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

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

BROADCASTING, RECORDED ENTERTAINMENT AND CINEMAS AWARD 2020
[MA000091]

4 yearly review of modern awards – common issue – part-day public holidays – Broadcasting, Recorded Entertainment and Cinemas 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 inserting the words “or part-day” after the words “annual leave day” in clause 18.5(b).

2. By deleting the note appearing after clause 23.2(c).

3. By deleting clause 23.3 and inserting the following:

23.3 Part-day public holidays

(a) 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 23.2(a)(i).

(b) If a public holiday is a part-day public holiday, then clause 23.2(a)(ii) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

4. By inserting clause 29.6(g) as follows:

(g) If a public holiday is a part-day public holiday, then clause 29.6(f) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

5. By inserting clause 31.9 as follows:

31.9 Work performed on part-day public holidays

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 any minimum payment/engagement period in clause 31.

6. By numbering the text in clause 44.2 as clause 44.2(a).

7. By inserting clause 44.2(b) as follows:

(b) 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 44.2(a).

8. By numbering the text in clause 45.1(c) as clause 45.1(c)(i).

9. By inserting clause 45.1(c)(ii) as follows:

(ii) 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 45.1(c)(i).

10. By inserting clause 61.4(e) as follows:

(e) If a public holiday is a part-day public holiday, then clause 61.4(d) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

11. By inserting the following after the words “without deduction” in clause 69.3:

or for a part-day public holiday, credited on a pro-rata basis for the number of ordinary hours on the part-day public holiday

12. By inserting clause 76.2(c) as follows:

(c) 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 76.2(a).

13. By deleting Schedule M—Part-day Public Holidays.

14. 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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