Application by Mental Health Australia
[2023] FWCFB 150
•1 SEPTEMBER 2023
| [2023] FWCFB 150 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.158—Application to vary or revoke a modern award
Application by Mental Health Australia
(AM2023/2)
Application by Plan International Australia
(AM2023/5)
SOCIAL, COMMUNITY, HOME CARE AND DISABILITY SERVICES INDUSTRY AWARD 2010
[MA000100]
| Social, community, home care and disability services | |
| JUSTICE HATCHER, PRESIDENT | SYDNEY, 1 SEPTEMBER 2023 |
Applications to vary the Social, Community, Home Care and Disability Services Industry Award 2010.
In our statement of 3 August 2023 in this matter,[1] we allowed interested parties until 5:00 pm (AEST) on Friday, 25 August 2023 to file submissions responding to our provisional view that the variation to the Social, Community, Home Care and Disability Services Industry Award 2010[2] (SCHADS Award) proposed by consent in this matter is necessary to meet the modern awards objective in s 134(1) of the Fair Work Act 2009 (Cth) (FW Act) and that the variation should be made pursuant to s 157(1)(a) of the FW Act.
No submissions were received in response to our provisional view. Accordingly, we confirm our provisional view. The SCHADS Award will be varied to insert a new clause 34.3 as follows:
34.3 Substitution of public holidays by agreement
(a) An employee may request to substitute another day for a day that would otherwise be a public holiday under the NES. The requested day will be substituted if the employer agrees to the employee’s request.
(b) An employee may request to substitute another part day for a day that would otherwise be a part day public holiday under the NES. The requested part day will be substituted if the employer agrees to the employee’s request.
A final determination varying the SCHADS Award is published with this decision.
PRESIDENT
[1] [2023] FWCFB 135.
[2] MA000100.
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