As part of the current 4-yearly review of modern awards, the Full Bench of the Fair Work Commission made a decision on 25 July 2019 to change the wording of any awards that allow for Public Holiday substitution (ie that allowed the swapping of the day that normally is taken as a Public Holiday with another day).
These changes came into effect from 4 October 2019 onwards.
What has changed?
Previously, many awards allowed an employer to substitute a Public Holiday for another work day. Some awards stated an employer could do this unilaterally (ie without agreement from employees). Other awards provided that there needed to be agreement with the majority of employees.
Following the Fair Work Commissionโs decision, new language in the amended awards allow for an employer to agree with individual employees to substitute another day (or part-day for part-day holidays) for a Public Holiday.
For the employees who agree, Public Holiday entitlements will apply for work on this substitute day. For employees who donโt agree to the substitution, they will continue to receive their normal Public Holiday entitlements as per the award.
For more information, read the Fair Work Commissionโs decision.
What does this mean for you?
Hopefully the new rules will allow employers and individual employees more flexibility to agree which days they wish to operate as Public Holidays, instead of a blanket decision across the entire workforce, as was the case before.
Need Help?
Employment Innovations has a free Knowledge Base of articles on common HR topics. If you require more information about Public Holidays in general, read our article here.
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See below for a list of awards which have been amended from 4 October 2019:
- Aboriginal Community Controlled Health Services Award 2010
- Airline Operations-Ground Staff Award 2010
- Airport Employees Award 2010
- Alpine Resorts Award 2010
- Aluminium Industry Award 2010
- Ambulance and Patient Transport Industry Award 2010
- Aquaculture Industry Award 2010
- Architects Award 2010
- Asphalt Industry Award 2010
- Banking, Finance and Insurance Award 2010
- Black Coal Mining Industry Award 2010
- Broadcasting, Recorded Entertainment and Cinemas Award 2010
- Building and Construction General On-site Award 2010
- Business Equipment Award 2010
- Car Parking Award 2010
- Cement and Lime Award 2010
- Childrenโs Services Award 2010
- Cleaning Services Award 2010
- ClerksโPrivate Sector Award 2010
- Commercial Sales Award 2010
- Concrete Products Award 2010
- Contract Call Centres Award 2010
- Educational Services (Post-Secondary Education) Award 2010
- Educational Services (Schools) General Staff Award 2010
- Educational Services (Teachers) Award 2010
- Electrical Power Industry Award 2010
- Electrical, Electronic and Communications Contracting Award 2010
- Fast Food Industry Award 2010
- Food, Beverage and Tobacco Manufacturing Award 2010
- Gardening and Landscaping Services Award 2010
- General Retail Industry Award 2010
- Graphic Arts, Printing and Publishing Award 2010
- Hair and Beauty Industry Award 2010
- Health Professionals and Support Services Award 2010
- Higher Education Industry-Academic Staff-Award 2010
- Higher Education Industry-General Staff-Award 2010
- Horse and Greyhound Training Award 2010
- Horticulture Award 2010
- Hospitality Industry (General) Award 2010
- Hydrocarbons Industry (Upstream) Award 2010
- Joinery and Building Trades Award 2010
- Journalists Published Media Award 2010
- Labour Market Assistance Industry Award 2010
- Live Performance Award 2010
- Mannequins and Models Award 2010
- Manufacturing and Associated Industries and Occupations Award 2010
- Meat Industry Award 2010
- Mining Industry Award 2010
- Miscellaneous Award 2010
- Mobile Crane Hiring Award 2010
- Nursery Award 2010
- Nurses Award 2010
- Oil Refining and Manufacturing Award 2010
- Pastoral Award 2010
- Pest Control Industry Award 2010
- Pharmaceutical Industry Award 2010
- Pharmacy Industry Award 2010
- Plumbing and Fire Sprinklers Award 2010
- Poultry Processing Award 2010
- Premixed Concrete Award 2010
- Professional Employees Award 2010
- Quarrying Award 2010
- Racing Clubs Events Award 2010
- Racing Industry Ground Maintenance Award 2010
- Registered and Licensed Clubs Award 2010
- Restaurant Industry Award 2010
- Road Transport (Long Distance Operations) Award 2010
- Road Transport and Distribution Award 2010
- Salt Industry Award 2010
- Seafood Processing Award 2010
- Security Services Industry Award 2010
- Sporting Organisations Award 2010
- Storage Services and Wholesale Award 2010
- Surveying Award 2010
- Telecommunications Services Award 2010
- Textile, Clothing, Footwear and Associated Industries Award 2010
- Timber Industry Award 2010
- Transport (Cash in Transit) Award 2010
- Vehicle Manufacturing, Repair, Services and Retail Award 2010
- Waste Management Award 2010
- Wine Industry Award 2010
- Wool Storage, Sampling and Testing Award 2010