Changes to the Award clarify part day public holiday issues, but delay between the Determinations and the Award update means all businesses must carefully review the Determinations to ensure they are processing the part day public holiday correctly.

The Fair Work Commission has recently released updated clauses in (almost all) Awards to address an inconsistency that arose when Christmas Eve was declared a public holiday in Queensland.  As ACAPMA explored at the time (see : https://acapmag.com.au/2019/11/christmas-even-is-a-new-public-holiday-for-qld/), the gazetted public holiday for Queensland is from 18:00-Midnight on the day before Christmas.  The most recent changes to the Awards were required as most Awards contained specific language stating that where a part day public holiday were declared it would apply from 19:00-Midnight.

“ACAPMA highlighted this issue with members when the new public holiday was gazetted, and advised members to err on the side of caution when dealing with the inconsistency, specifically, to apply the part day public holiday as gazetted, from 18:00.  The recent changes to the Awards this week, have removed the inconsistency and confirmed that all gazetted part day public holidays will commence from their gazetted start time.  In the case of Queensland, that is from 18:00” explained Executive Manager for Employment and Training, Elisha Radwanowski.

The changes have been made on a model clause basis and are in effect as if from 18/11/2019.

“Members should note, that while the online versions of the Awards are the most current, the outcome of the Determinations (the actual changes to the Awards) have not made it through the update process online yet…but they are in effect.  A downloaded copy of the Award today would not show the changes made, but the changes are live and need to be applied.  For the full text of the changes that businesses need to comply with please see the Determinations links.  Within a few days the online versions of the Awards will be updated, but in the mean time it is imperative for businesses to be operating from the text in the Determinations” explained Elisha.

For fuel retail staff

Vehicle Manufacturing, Repair, Service and Retail Award 2010

Determination including the changes:  https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/ma000089-pr715089.pdf

Full Copy of the Award (does not include the changes at as time of publication, though it is advised that the changes are in effect as per the Determination) https://www.fwc.gov.au/documents/documents/modern_awards/pdf/ma000089.pdf

For fuel transport and wholesale staff

Road Transport and Distribution Award 2010

Determination including the changes:  https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/ma000038-pr715160.pdf

Full Copy of the Award (does not include the changes at as time of publication, though it is advised that the changes are in effect as per the Determination)  https://www.fwc.gov.au/documents/documents/modern_awards/pdf/ma000038.pdf

For clerical and support staff

Clerks-Private Sector Award 2010

Determination including the changes:  https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/ma000002-pr715113.pdf

Full Copy of the Award (does not include the changes at as time of publication, though it is advised that the changes are in effect as per the Determination)  https://www.fwc.gov.au/documents/documents/modern_awards/pdf/ma000002.pdf

ACAPMA Members are advised that they can contact ACAPMA via employment@acapma.com.au for advice and assistance on public holidays and other employment matters.

ACAPMA

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