Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5,Item 6—Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Baking Industry Association of Queensland—Union of Employers
(AM2012/179)

National Retail Association
(AM2012/240)

FAST FOOD INDUSTRY AWARD 2010
[MA000003]

Modern Awards Review 2012—applications to vary the Fast Food Industry Award 2010.

A. Further to the decision issued on 30 September 2013 1 the abovementioned award is varied as follows.

1. By deleting clause 19.7(c).

2. By deleting clause 26.1(b) and inserting the following:

(b) Before an employee’s rostered commencing time on any one day;or.

3. By deleting clause 26.1(c) and inserting the following:

(c) After an employee’s rostered ceasing time on any one day;or.

4. By deleting the clause heading “Evening work Monday to Friday (excluding shiftwork)”appearing in clause 26.5(a) and inserting “Evening work Monday to Friday”.

5. By deleting the clause heading “Saturday work (excluding shiftwork)”appearing in clause 26.5(b) and inserting “Saturday work”.

6. By renumbering clause 26.5—Penalty rates as 25.5—Penalty rates.

7. By deleting the words “(except for shiftworkers)”appearing in clause 27.1(e).

8. By deleting clause 30.3 and inserting the following.

30.3 Payment for work on a public holiday

(a) Work on a public holiday must be compensated by payment at the rate of an additional 150%.

(b) Provided that by mutual agreement of the employee and the employer,the employee (other than a casual) may be compensated for a particular public holiday by either:

(i) An equivalent day or equivalent time off instead without loss of pay. The time off must be taken within four weeks of the public holiday occurring,or it shall be paid out;or

(ii) An additional day or equivalent time as annual leave.

(c) The employee and employer are entitled to a fresh choice of payment or time off by agreement on each occasion work is performed on a public holiday.

(d) If no agreement can be reached on the method of compensation,the default arrangement shall be as per clause per 30.3(a).

B. This determination comes into operation on the first full pay period commencing on or after 1 October 2013.

DEPUTY PRESIDENT

 1  [2013] FWC 5369

Printed by authority of the Commonwealth Government Printer

<Price code A>