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

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

RESTAURANT INDUSTRY AWARD 2020
[MA000119]

4 yearly review of modern awards – common issue – part-day public holidays – Restaurant Industry 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 renumbering clauses 24.4(c) to (e) as clauses 24.4(d) to (f).

2. By inserting a new clause 24.4(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 clauses 24.4(a) and 24.4(b).

3. By renumbering clauses 24.4(e) and (f) as clauses 24.4(f) and (g).

4. By inserting a new clause 24.4(e) as follows:

(e) If a public holiday is a part-day public holiday, then clause 24.4(d) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

5. By deleting clause 30.3 and inserting the following:

30.3 Additional public holiday arrangements for full-time employees

(a) An employer must, if the rostered day off of a full-time employee falls on a public holiday, do one of the following:

(i) pay the employee an extra day’s pay; or

(ii) give the employee an alternative day off within 28 days; or

(iii) give the employee an additional day’s annual leave.

(b) If the public holiday is a part-day public holiday, then clause 30.3(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

6. By deleting clause 30.5.

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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