Section 160—Variation of modern award to remove ambiguity or uncertainty or correct error

The Fair Work Commission heard an application by the Australian Hotels Association to vary the Hospitality Industry (General) Award 2010 to address issues relating to the operation of part-day public holidays. The application was brought in response to the Queensland parliament passing the Holidays and Other Legislation Amendment Bill 2019 (QLD) which declared a part-day public holiday in the state of Queensland from 6pm to midnight on Christmas Eve. The Commission decided to vary the Hospitality Industry (General) Award 2010 and 112 other modern awards to address the issues raised by the new part-day public holiday. The Commission held that the variation was necessary to remove ambiguity and uncertainty caused by the proclamation of the part-day public holidays. It was held that the variation determinations should come into effect prior to the 2019 Christmas eve public holiday in Queensland, and the Commission exercised its discretion under s 165(2)(b) to specify an earlier day.