| [2018] FWCFB 3516 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
Part-day public holidays
(AM2014/301)
VICE PRESIDENT HATCHER |
SYDNEY, 15 JUNE 2018 |
4 yearly review of modern awards – common issue –public holidays – part-day public holidays.
[1] This Statement concerns the part-day public holiday provisions that are contained in most modern awards. Much of the background to the provisions is set out in the Decision1 issued by a Full Bench of the Commission on 12 November 2014.
[2] In brief, most of the Commission’s modern awards were varied to include an additional schedule dealing with part-day public holidays, originally in 2012, and again in each subsequent year. There are a number of different versions of the schedule but each is directed at confirming appropriate arrangements for certain part-day public holidays. A list of these provisions is attached at Appendix A. On each occasion since 2012, the various schedules were specified to operate on an interim basis for the relevant year. 2
[3] The issue of part-day public holidays has also arisen in the context of the 4 yearly review of modern awards and public holiday provisions have been identified as a common issue. In that regard, there have been various proposals to make the present part-day public holiday schedules a permanent part of the relevant modern awards and some other proposals to significantly amend or remove the schedules as part of a more comprehensive review of public holiday provisions. However, more recently, the Australian Hotels Association has withdrawn its proposal to vary the Hospitality Industry (General) Award 2010 by moving the part-day public holiday schedule into the body of that award. 3
[4] In its March 2018 Decision, 4 the Full Bench confirmed that the issues associated with the part-day public holiday provisions would be considered after the finalisation of the review of public holiday provisions more generally. The March 2018 Decision also effectively finalised that part of the 4 yearly review dealing with public holidays.
[5] The “Interim” schedules have now operated for 6 years without any significant issues being raised with the Commission. We consider that the arrangements for the part-day public holidays should be finalised and not be such as to require a variation in order to operate from year to year. As a result, the Full Bench is considering its options including:
• Make each of the existing schedules ongoing, by deleting reference to any particular year. This would involve a determination(s) being issued to vary each of the relevant modern awards. If this option were adopted, the Full Bench may also permit any interested party to make a specific contrary application, which would be considered and dealt with in advance of the part-day public holidays scheduled for later this year; or
• Convene a conference of all interested organisations with a view to exploring whether separate schedules (or particular provisions within the awards concerned) are actually required across the modern awards, and if so, the appropriate provisions.
[6] Before deciding our approach to this matter, we invite submissions from interested parties on these or any other appropriate options.
[7] Any interested party wishing to file a submission in relation to this matter is requested to do so by 5.00pm Friday 6 July 2018. Submissions received will be posted to the Commission’s website.
[8] All submissions are to be sent to [email protected]
VICE PRESIDENT
Award title |
Award ID |
Schedule |
Aboriginal Community Controlled Health Services Award 2010 |
Schedule E | |
Aged Care Award 2010 |
Schedule E | |
Air Pilots Award 2010 |
Schedule F | |
Aircraft Cabin Crew Award 2010 |
Schedule E | |
Airline Operations—Ground Staff Award 2010 |
Schedule F | |
Airport Employees Award 2010 |
Schedule F | |
Ambulance and Patient Transport Industry Award 2010 |
Schedule C | |
Amusement, Events and Recreation Award 2010 |
Schedule F | |
Animal Care and Veterinary Services Award 2010 |
Schedule E | |
Aquaculture Industry Award 2010 |
Schedule F | |
Architects Award 2010 |
Schedule C | |
Asphalt Industry Award 2010 |
Schedule E | |
Banking, Finance and Insurance Award 2010 |
Schedule F | |
Book Industry Award 2010 |
Schedule B | |
Broadcasting and Recorded Entertainment Award 2010 |
Schedule K | |
Building and Construction General On-site Award 2010 |
Schedule E | |
Business Equipment Award 2010 |
Schedule F | |
Car Parking Award 2010 |
Schedule E | |
Cement and Lime Award 2010 |
Schedule F | |
Cemetery Industry Award 2010 |
Schedule F | |
Children’s Services Award 2010 |
Schedule E | |
Cleaning Services Award 2010 |
Schedule H | |
Clerks—Private Sector Award 2010 |
Schedule E | |
Commercial Sales Award 2010 |
Schedule D | |
Concrete Products Award 2010 |
Schedule E | |
Contract Call Centre Award 2010 |
Schedule E | |
Corrections and Detention (Private Sector) Award 2010 |
Schedule F | |
Dredging Industry Award 2010 |
Schedule B | |
Dry Cleaning and Laundry Industry Award 2010 |
Schedule G | |
Educational Services (Post-Secondary Education) Award 2010 |
Schedule G | |
Educational Services (Schools) General Staff Award 2010 |
Schedule F | |
Educational Services (Teachers) Award 2010 |
Schedule C | |
Electrical, Electronic and Communications Contracting Award 2010 |
Schedule F | |
Electrical Power Industry Award 2010 |
Schedule F | |
Fast Food Industry 2010 |
Schedule E | |
Fire Fighting Industry Award 2010 |
Schedule C | |
Fitness Industry Award 2010 |
Schedule E | |
Food, Beverage and Tobacco Manufacturing Award 2010 |
Schedule F | |
Funeral Industry Award 2010 |
Schedule F | |
Gardening and Landscaping Services Award 2010 |
Schedule F | |
Gas Industry Award 2010 |
Schedule F | |
General Retail Industry Award 2010 |
Schedule F | |
Graphic Arts, Printing and Publishing Award 2010 |
Schedule G | |
Hair and Beauty Industry Award 2010 |
Schedule F | |
Health Professionals and Support Services Award 2010 |
Schedule F | |
Higher Education Industry—Academic Staff—Award 2010 |
Schedule B | |
Higher Education Industry—General Staff—Award 2010 |
Schedule H | |
Horse and Greyhound Training Award 2010 |
Schedule D | |
Horticulture Award 2010 |
Schedule E | |
Hospitality Industry (General) Award 2010 |
Schedule H | |
Hydrocarbons Field Geologists Award 2010 |
Schedule D | |
Hydrocarbons Industry (Upstream) Award 2010 |
Schedule F | |
Joinery and Building Trades Award 2010 |
Schedule F | |
Journalists Published Media Award 2010 |
Schedule C | |
Labour Market Assistance Industry Award 2010 |
Schedule E | |
Legal Services Award 2010 |
Schedule E | |
Live Performance Award 2010 |
Schedule F | |
Local Government Industry Award 2010 |
Schedule F | |
Mannequins and Models Award 2010 |
Schedule C | |
Manufacturing and Associated Industries and Occupations Award 2010 |
Schedule F | |
Marine Tourism and Charter Vessels Award 2010 |
Schedule E | |
Marine Towage Award 2010 |
Schedule B | |
Maritime Offshore Oil and Gas Award 2010 |
Schedule C | |
Market and Social Research Award 2010 |
Schedule E | |
Meat Industry Award 2010 |
Schedule F | |
Medical Practitioners Award 2010 |
Schedule B | |
Mining Industry Award 2010 |
Schedule F | |
Miscellaneous Award 2010 |
Schedule F | |
Mobile Crane Hiring Award 2010 |
Schedule E | |
Nursery Award 2010 |
Schedule E | |
Nurses Award 2010 |
Schedule C | |
Oil Refining and Manufacturing Award 2010 |
Schedule F | |
Passenger Vehicle Transportation Award 2010 |
Schedule E | |
Pastoral Award 2010 |
Schedule D | |
Pest Control Industry Award 2010 |
Schedule E | |
Pharmaceutical Industry Award 2010 |
Schedule E | |
Pharmacy Industry Award 2010 |
Schedule E | |
Plumbing and Fire Sprinklers Award 2010 |
Schedule F | |
Ports, Harbours and Enclosed Water Vessels Award 2010 |
Schedule B | |
Poultry Processing Award 2010 |
Schedule E | |
Premixed Concrete Award 2010 |
Schedule E | |
Professional Diving Industry (Industrial) Award 2010 |
Schedule C | |
Professional Diving Industry (Recreational) Award 2010 |
Schedule C | |
Quarrying Award 2010 |
Schedule F | |
Racing Clubs Events Award 2010 |
Schedule E | |
Racing Industry Ground Maintenance Award 2010 |
Schedule E | |
Real Estate Industry Award 2010 |
Schedule F | |
Registered and Licensed Clubs Award 2010 |
Schedule G | |
Restaurant Industry Award 2010 |
Schedule F | |
Road Transport and Distribution Award 2010 |
Schedule F | |
Road Transport (Long Distance Operations) Award 2010 |
Schedule D | |
Salt Industry Award 2010 |
Schedule F | |
Seafood Processing Award 2010 |
Schedule E | |
Seagoing Industry Award 2010 |
Schedule C | |
Security Services Industry Award 2010 |
Schedule E | |
Silviculture Award 2010 |
Schedule D | |
Social, Community, Home Care and Disability Services Industry Award 2010 |
Schedule H | |
Sporting Organisations Award 2010 |
Schedule E | |
State Government Agencies Award 2010 |
Schedule E | |
Stevedoring Industry Award 2010 |
Schedule F | |
Storage Services and Wholesale Award 2010 |
Schedule E | |
Supported Employment Services Award 2010 |
Schedule E | |
Surveying Award 2010 |
Schedule E | |
Telecommunications Services Award 2010 |
Schedule F | |
Textile, Clothing, Footwear and Associated Industries Award 2010 |
Schedule H | |
Timber Industry Award 2010 |
Schedule I | |
Transport (Cash in Transit) Award 2010 |
Schedule D | |
Travelling Shows Award 2010 |
Schedule D | |
Vehicle Manufacturing, Repair, Services and Retail Award 2010 |
Schedule G | |
Victorian Local Government Award 2015 |
Schedule E | |
Waste Management Award 2010 |
Schedule E | |
Water Industry Award 2010 |
Schedule F | |
Wine Industry Award 2010 |
Schedule F | |
Wool Storage, Sampling and Testing Award 2010 |
Schedule E |
2 The variations for the 2017 year were dealt with in [2017] FWCFB 5893.
3 Correspondence to the Commission dated 4 June 2018.
4 4 yearly review of modern awards – Public Holidays [2018] FWCFB 4 at [10].
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