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

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

AGED CARE AWARD 2010
[MA000018]

4 yearly review of modern awards – common issue – part-day public holidays – Aged Care Award 2010

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 the second dot point in clause 29.2(a)(ii) and inserting the following:

•  A full-time employee who does not work on a public holiday or part-day public holiday will be paid their ordinary pay for that day or part-day.

2. By deleting the third dot point in clause 29.2(a)(ii) and inserting the following:

•  Payments under this clause are instead of any additional rate for shift or weekend work which would otherwise be payable had the shift not been on a public holiday.

3. By inserting the words “or part-day” after the words “for that day” in clause 29.2(b)(iv).

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

5. By renumbering Schedules F–I as Schedules E–H.

6. 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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