MA000083 PR747569
The attached document replaces the document previously issued with the above code on 4 November 2022.
The Determination has been refiled to correct the paragraph numbering and to correct a typographical error at item A.3 by adding a full-stop at the end of clause 25.5(a).
The amendments are administrative in nature and to do not affect the content of the decision originally issued.
Modern Awards, Economics and Research Section
On behalf of the Associate to Vice President Hatcher
Dated 11 November 2022
| MA000083 PR747569 |
| FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards—Part-day public holidays
(AM2014/301)
COMMERCIAL SALES AWARD 2020
[MA000083]
Commercial sales | |
VICE PRESIDENT HATCHER |
SYDNEY, 4 NOVEMBER 2022 |
4 yearly review of modern awards – common issue – part-day public holidays – Commercial Sales 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 “substitute day” in clause 25.3.
2. By inserting the words “or part-day” after the words “substitute day” in clause 25.4.
3. By deleting clause 25.5 and inserting the following:
25.5 Part-day public holidays
(a) If a public holiday is a part-day public holiday, then in relation to leave with pay, clauses 25.3 and 25.4 apply on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
(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 clauses 25.3 and 25.4.
4. By deleting Schedule G—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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