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

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

LEGAL SERVICES AWARD 2020
[MA000116]

4 yearly review of modern awards – common issue – part-day public holidays – Legal Services 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 following above the table in clause 20.2(a):

(i) Overtime rates and minimum payment:

2. By inserting clause 20.2(a)(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 for public holidays in clause 20.2(a)(i).

3. By inserting the following after the words “payment of 4 hours.” in clause 21.5(a)(iii):

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.

4. By inserting the following after the words “added to their annual leave.” in clause 21.5(c):

If a public holiday is a part-day public holiday, then clause 21.5(c) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

5. By deleting clause 27.2.

6. By removing the clause numbering at clause 27.1.

7. By deleting Schedule H—Part-day Public Holidays.

8. 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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