Some awards contain part-day public holiday schedules which are particularly relevant for those states that recognise a particular day to be a part public holiday, such as Queensland, the Northern Territory and South Australia.
The Fair Work Commission (FWC) has decided to remove the part-day public holiday schedules in 112 modern awards and incorporate any provisions relating to part-day public holidays that are not already adequately covered by the National Employment Standards (NES) or existing award provisions into the body of each award.
During the early stages of the COVID-19 pandemic, the FWC inserted a temporary Schedule X-Additional measures during the COVID-19 pandemic into 99 modern awards. The Schedule expired on 30 June 2022 for many modern awards, so the FWC has issued a determination removing it from all modern awards.
Background of the Part-day Public Holiday Schedule
In 2012, new schedules were inserted into many awards dealing with certain part-day public holidays. The schedules contained clauses that intended to deal with how various existing award terms would apply to those part-day public holidays.
The Northern Territory and South Australia observe part-day public holidays from 7pm until midnight on 24 December and 31 December, and Queensland observes a part-day public holiday from 6pm until midnight on 24 December.
What variations have been made to the awards?
112 modern awards will have the part-day public holiday schedules removed. The FWC has also made some changes to existing clauses in the body of the awards, to clarify how such clauses would apply to part-day public holidays.
Each award has been amended differently, so it is important that employers review the variations made to the relevant award that covers their staff to ensure compliance.
Which awards have been varied to remove the part-day public holidays schedule?
The complete list of the 112 modern awards affected by this variation is in Appendix A of this decision: Four yearly review of modern awards - [2022] FWCFB 196 | Fair Work Commission
What is the operative date?
The variations come into operation from the first full pay period that started on or after 14 November 2022.
Removal of Schedule X
During the early stages of the COVID-19 pandemic, the FWC inserted a temporary Schedule X-Additional measures during the COVID-19 pandemic into 99 modern awards. The Schedule expired on 30 June 2022 for many modern awards, so the FWC has issued a determination removing it from all modern awards.
Which modern awards have been varied to remove Schedule X?
A total of 63 awards contained an expired Schedule X (expired on 30 June 2022). The complete list is in Appendix A of Determination - PR746868 of 17 October 2022 (fwc.gov.au)
What is the operative date?
The variations come into operation from the first full pay period that started on or after 17 October 2022.