Part-day public holidays
[2017] FWCFB 5893
•16 NOVEMBER 2017
| [2017] FWCFB 5893 |
| 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 Commissioner Hampton Commissioner johns | SYDNEY, 16 NOVEMBER 2017 |
4 yearly review of modern awards - common issue – public holidays – part-day public holidays.
This Statement concerns the part-day public holiday provisions that are contained in most modern awards. Much of the history of the provisions is set out in the Decision[1] issued by a Full Bench of the Commission on 12 November 2014.
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. On each occasion, the various schedules were specified to operate on an interim basis for the relevant year.
The issue of part-day public holidays has also arisen in the context of the four-yearly review of modern awards and public holiday provisions have been identified as a common issue. In that regard, there are various proposals[2] to make the present part-day pubic holiday schedules a permanent part of the relevant modern awards and other proposals to significantly amend or remove the provisions as part of a more comprehensive review of public holiday provisions. These proposals have not as yet been considered by this Full Bench, pending the finalisation of the review of public holiday provisions more generally.
It has become clear that the review proceedings dealing with public holidays will not be completed in time to permit proper consideration of the issue ahead of the part-day public holidays that will take place in South Australia in December 2017. Given that the present provisions operate only in respect of 2016, some further amendment to the respective schedules must be considered if they are to operate for the 2017 part-day public holidays to which they are directed.
The provisional view of the Full Bench is that an amendment to the existing schedules to continue their operation for the relevant 2017 part-day public holidays is necessary to ensure that the awards achieve the modern awards objective.[3] If that approach is ultimately taken by the Commission, the schedules would be further reviewed and finalised in light of the decision dealing with public holiday provisions more generally.
A draft variation determination reflecting that provisional view is attached.
Any interested party wishing to file a submission in relation to the draft determination is directed to do so by 4.00pm Tuesday 28 November 2017.
If no party indicates any objection to the draft determination, the Full Bench will issue the variation determination in the form proposed.
All submissions are to be sent to [email protected].
VICE PRESIDENT
| PRxxxxxx |
| draft DETERMINATION |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
Part-day public holidays
(AM2014/301)
| VICE PRESIDENT HATCHER | sydney, 1 December 2017 |
Part-day public holidays variation.
A. Further to the decisions issued on 21 December 2012 [[2012] FWAFB 10738], 13 November 2013 [[2013] FWCFB 8938], 12 November 2014 [[2014] FWCFB 7830] and the statements published on 15 May 2015 [2015] FWC 3317, 21 October 2015 [2015] FWC 7248, 23 October 2015 [2015] FWCFB 7262[4], it is ordered that the awards listed in Appendix A be varied as follows:
By deleting the words “2016 Part-day public holidays” appearing in the schedule heading and inserting “2017 Part-day public holidays”.
By deleting the words “December 2016” wherever they appear in the schedules listed in Appendix A and inserting “December 2017”.
By updating the table of contents accordingly.
B. This determination comes into operation from 1 December 2017. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 December 2017.
VICE PRESIDENT
Appendix A—Awards to be varied for part-day public holidays
| Award title | Award ID | Schedule to be varied |
| Aboriginal Community Controlled Health Services Award 2010 | MA000115 | Schedule E |
| Aged Care Award 2010 | MA000018 | Schedule E |
| Air Pilots Award 2010 | MA000046 | Schedule F |
| Aircraft Cabin Crew Award 2010 | MA000047 | Schedule E |
| Airline Operations—Ground Staff Award 2010 | MA000048 | Schedule F |
| Airport Employees Award 2010 | MA000049 | Schedule F |
| Ambulance and Patient Transport Industry Award 2010 | MA000098 | Schedule C |
| Amusement, Events and Recreation Award 2010 | MA000080 | Schedule F |
| Animal Care and Veterinary Services Award 2010 | MA000118 | Schedule E |
| Aquaculture Industry Award 2010 | MA000114 | Schedule F |
| Architects Award 2010 | MA000079 | Schedule C |
| Asphalt Industry Award 2010 | MA000054 | Schedule E |
| Banking, Finance and Insurance Award 2010 | MA000019 | Schedule F |
| Book Industry Award 2010 | MA000078 | Schedule B |
| Broadcasting and Recorded Entertainment Award 2010 | MA000091 | Schedule K |
| Building and Construction General On-site Award 2010 | MA000020 | Schedule E |
| Business Equipment Award 2010 | MA000021 | Schedule F |
| Car Parking Award 2010 | MA000095 | Schedule E |
| Cement and Lime Award 2010 | MA000055 | Schedule F |
| Cemetery Industry Award 2010 | MA000070 | Schedule F |
| Children’s Services Award 2010 | MA000120 | Schedule E |
| Cleaning Services Award 2010 | MA000022 | Schedule H |
| Clerks—Private Sector Award 2010 | MA000002 | Schedule E |
| Commercial Sales Award 2010 | MA000083 | Schedule D |
| Concrete Products Award 2010 | MA000056 | Schedule E |
| Contract Call Centre Award 2010 | MA000023 | Schedule E |
| Corrections and Detention (Private Sector) Award 2010 | MA000110 | Schedule F |
| Dredging Industry Award 2010 | MA000085 | Schedule B |
| Dry Cleaning and Laundry Industry Award 2010 | MA000096 | Schedule G |
| Educational Services (Post-Secondary Education) Award 2010 | MA000075 | Schedule G |
| Educational Services (Schools) General Staff Award 2010 | MA000076 | Schedule F |
| Educational Services (Teachers) Award 2010 | MA000077 | Schedule C |
| Electrical, Electronic and Communications Contracting Award 2010 | MA000025 | Schedule F |
| Electrical Power Industry Award 2010 | MA000088 | Schedule F |
| Fast Food Industry 2010 | MA000003 | Schedule E |
| Fire Fighting Industry Award 2010 | MA000111 | Schedule C |
| Fitness Industry Award 2010 | MA000094 | Schedule E |
| Food, Beverage and Tobacco Manufacturing Award 2010 | MA000073 | Schedule F |
| Funeral Industry Award 2010 | MA000105 | Schedule F |
| Gardening and Landscaping Services Award 2010 | MA000101 | Schedule F |
| Gas Industry Award 2010 | MA000061 | Schedule F |
| General Retail Industry Award 2010 | MA000004 | Schedule F |
| Graphic Arts, Printing and Publishing Award 2010 | MA000026 | Schedule G |
| Hair and Beauty Industry Award 2010 | MA000005 | Schedule F |
| Health Professionals and Support Services Award 2010 | MA000027 | Schedule F |
| Higher Education Industry—Academic Staff—Award 2010 | MA000006 | Schedule B |
| Higher Education Industry—General Staff—Award 2010 | MA000007 | Schedule H |
| Horse and Greyhound Training Award 2010 | MA000008 | Schedule D |
| Horticulture Award 2010 | MA000028 | Schedule E |
| Hospitality Industry (General) Award 2010 | MA000009 | Schedule H |
| Hydrocarbons Field Geologists Award 2010 | MA000064 | Schedule D |
| Hydrocarbons Industry (Upstream) Award 2010 | MA000062 | Schedule F |
| Joinery and Building Trades Award 2010 | MA000029 | Schedule F |
| Journalists Published Media Award 2010 | MA000067 | Schedule C |
| Labour Market Assistance Industry Award 2010 | MA000099 | Schedule E |
| Legal Services Award 2010 | MA000116 | Schedule E |
| Live Performance Award 2010 | MA000081 | Schedule F |
| Local Government Industry Award 2010 | MA000112 | Schedule F |
| Mannequins and Models Award 2010 | MA000117 | Schedule C |
| Manufacturing and Associated Industries and Occupations Award 2010 | MA000010 | Schedule F |
| Marine Tourism and Charter Vessels Award 2010 | MA000093 | Schedule E |
| Marine Towage Award 2010 | MA000050 | Schedule B |
| Maritime Offshore Oil and Gas Award 2010 | MA000086 | Schedule C |
| Market and Social Research Award 2010 | MA000030 | Schedule E |
| Meat Industry Award 2010 | MA000059 | Schedule F |
| Medical Practitioners Award 2010 | MA000031 | Schedule B |
| Mining Industry Award 2010 | MA000011 | Schedule F |
| Miscellaneous Award 2010 | MA000104 | Schedule F |
| Mobile Crane Hiring Award 2010 | MA000032 | Schedule E |
| Nursery Award 2010 | MA000033 | Schedule E |
| Nurses Award 2010 | MA000034 | Schedule C |
| Oil Refining and Manufacturing Award 2010 | MA000072 | Schedule F |
| Passenger Vehicle Transportation Award 2010 | MA000063 | Schedule E |
| Pastoral Award 2010 | MA000035 | Schedule D |
| Pest Control Industry Award 2010 | MA000097 | Schedule E |
| Pharmaceutical Industry Award 2010 | MA000069 | Schedule E |
| Pharmacy Industry Award 2010 | MA000012 | Schedule E |
| Plumbing and Fire Sprinklers Award 2010 | MA000036 | Schedule F |
| Ports, Harbours and Enclosed Water Vessels Award 2010 | MA000052 | Schedule B |
| Poultry Processing Award 2010 | MA000074 | Schedule E |
| Premixed Concrete Award 2010 | MA000057 | Schedule E |
| Professional Diving Industry (Industrial) Award 2010 | MA000108 | Schedule C |
| Professional Diving Industry (Recreational) Award 2010 | MA000109 | Schedule C |
| Quarrying Award 2010 | MA000037 | Schedule F |
| Racing Clubs Events Award 2010 | MA000013 | Schedule E |
| Racing Industry Ground Maintenance Award 2010 | MA000014 | Schedule E |
| Real Estate Industry Award 2010 | MA000106 | Schedule F |
| Registered and Licensed Clubs Award 2010 | MA000058 | Schedule G |
| Restaurant Industry Award 2010 | MA000119 | Schedule F |
| Road Transport and Distribution Award 2010 | MA000038 | Schedule F |
| Road Transport (Long Distance Operations) Award 2010 | MA000039 | Schedule D |
| Salt Industry Award 2010 | MA000107 | Schedule F |
| Seafood Processing Award 2010 | MA000068 | Schedule E |
| Seagoing Industry Award 2010 | MA000122 | Schedule C |
| Security Services Industry Award 2010 | MA000016 | Schedule E |
| Silviculture Award 2010 | MA000040 | Schedule D |
| Social, Community, Home Care and Disability Services Industry Award 2010 | MA000100 | Schedule H |
| Sporting Organisations Award 2010 | MA000082 | Schedule E |
| State Government Agencies Award 2010 | MA000121 | Schedule E |
| Stevedoring Industry Award 2010 | MA000053 | Schedule F |
| Storage Services and Wholesale Award 2010 | MA000084 | Schedule E |
| Supported Employment Services Award 2010 | MA000103 | Schedule E |
| Surveying Award 2010 | MA000066 | Schedule E |
| Telecommunications Services Award 2010 | MA000041 | Schedule F |
| Textile, Clothing, Footwear and Associated Industries Award 2010 | MA000017 | Schedule H |
| Timber Industry Award 2010 | MA000071 | Schedule I |
| Transport (Cash in Transit) Award 2010 | MA000042 | Schedule D |
| Travelling Shows Award 2010 | MA000102 | Schedule D |
| Vehicle Manufacturing, Repair, Services and Retail Award 2010 | MA000089 | Schedule G |
| Victorian Local Government Award 2015 | MA000132 | Schedule E |
| Waste Management Award 2010 | MA000043 | Schedule E |
| Water Industry Award 2010 | MA000113 | Schedule F |
| Wine Industry Award 2010 | MA000090 | Schedule F |
| Wool Storage, Sampling and Testing Award 2010 | MA000044 | Schedule E |
[1] [2014] FWCFB 7380.
[2] See [2015] FWC 1484.
[3] Section 134 of the Fair Work Act 2009.
[4] See also Statements of 27 April 2016 [2016] FWCFB 2508 and 16 November 2017, [2017] FWCFB 5893.
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