MA000060  PR700443
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Award stage—Group 1
(AM2014/64)

ALUMINIUM INDUSTRY AWARD 2010
[MA000060]

Aluminium industry

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
SENIOR DEPUTY PRESIDENT HAMBERGER
DEPUTY PRESIDENT BULL
COMMISSIONER BISSETT

MELBOURNE, 17 SEPTEMBER 2018

4 yearly review of modern awards – alleged NES inconsistencies.

A. Further to the Full Bench decisions issued by the Fair Work Commission on 12 September 2018, 1 and 28 June 2018,2 the above award is varied as follows:

1. By deleting clause 22.2 and inserting the following:

22.2 For the purposes of the annual leave provisions of the NES:

(a) shiftworker means a continuous shiftworker as defined in this award; and

(b) an employer may convert the annual leave entitlement in the NES to an equivalent ordinary hour entitlement for administrative ease (for example 152 hours for a full-time employee entitled to four weeks’ of annual leave and 190 hours for a continuous shiftworker).

B. This determination comes into operation from 17 September 2018. In accordance with s.165(3) of the Fair Work Act 2009 these items do not take effect until the start of the first full pay period on or after 17 September 2018.

PRESIDENT

 1   [2018] FWCFB 5602

 2   [2018] FWCFB 3802

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