DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Overtime for casuals
(AM2017/51)

AGED CARE AWARD 2010
[MA000018]

4 yearly review of modern awards – common issue – overtime for casuals – Aged Care Award 2010

A. Further to the decisions issued by the Full Bench of the Fair Work Commission on 18 August 2020 [[2020] FWCFB 4350] and 30 October 2020 [[2020] FWCFB 5636] the above award is varied as follows:

1. By inserting the word “ordinary” before the word “hour” in clause 10.4(b).

2. By inserting clause 10.4(c) as follows:

(c) When a casual employee works overtime, they must be paid the overtime rates in clause 25.1(c).

3. By deleting clause 25.1(a) and inserting the following:

(a) Full-time employees

(i) A full-time employee will be paid the following for all work done in addition to their rostered ordinary hours on any day:

(A) for all authorised overtime on Monday to Friday, payment will be made at the rate of 150% of the hourly rate (plus any all-purpose allowance payable) for the first two hours and 200% after two hours;

(B) for all authorised overtime on a Saturday or Sunday, payment will be made at the rate of 200% of the hourly rate (plus any all-purpose allowance payable); and

(C) for all authorised overtime on a public holiday, payment will be made at the rate of 250% of the hourly rate (plus any all-purpose allowance payable).

(ii) Overtime rates under this clause will be in substitution for, and not cumulative upon, the shift premiums prescribed in clause 26.1.

4. By deleting clause 25.1(b) and inserting the following:

(b) Part-time employees

(i) All time worked by a part-time employee in excess of 38 hours per week or 76 per fortnight will be paid at the following rates:

(A) Monday to Friday—150% of the hourly rate (plus any all-purpose allowance payable) for the first two hours and 200% of the hourly rate (plus any all-purpose allowance payable) after two hours;

(B) Saturday and Sunday—200% of the hourly rate (plus any all-purpose allowance payable); and

(C) Public holidays—250% of the hourly rate (plus any all-purpose allowance payable).

(ii) All time worked by a part-time employee which exceeds 10 hours per day, will be paid for at the following rates:

(A) Monday to Saturday—150% of the hourly rate (plus any all-purpose allowance payable) for the first two hours and 200% of the hourly rate (plus any all-purpose allowance payable) after two hours;

(B) Sunday—200% of the hourly rate (plus any all-purpose allowance payable); and

(C) Public holidays—250% of the hourly rate (plus any all-purpose allowance payable).

(iii) All time worked in excess of a part-time employee’s rostered hours on any one day (unless an agreement has been entered into under clause 10.3(c)), will be overtime and paid at the rates prescribed by clause 25.1(b)(i).

5. By renumbering clauses 25.1(c) to 25.1(e) as clauses 25.1(d) to 25.1(f).

6. By inserting a new clause 25.1(c) as follows:

(c) Casual employees

(i) A casual employee will be paid for all time worked in excess of 38 hours per week or 76 hours per fortnight at the following rates:

(A) Monday to Friday—187.5% of the hourly rate (plus any all-purpose allowance payable) for the first two hours and 250% of the hourly rate (plus any all-purpose allowance payable) after two hours;

(B) Saturday and Sunday—250% of the hourly rate (plus any all-purpose allowance payable); and

(C) Public holidays—312.5% of the hourly rate (plus any all-purpose allowance payable).

(ii) A casual employee will be paid the following rates for all time worked in excess of 10 hours per day:

(A) Monday to Saturday—187.5% of the hourly rate (plus any all-purpose allowance payable) for the first two hours and 250% of the hourly rate (plus any all-purpose allowance payable) after two hours;

(B) Sunday—250% of the hourly rate (plus any all-purpose allowance payable); and

(C) Public holidays—312.5% of the hourly rate (plus any all-purpose allowance payable).

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.4(b) to the hourly rate (plus any all-purpose allowance payable) before applying the overtime rates for full-time and part-time employees prescribed by clauses 25.1(a) and 25.1(b).

7. By deleting the words “double time” appearing in clause 25.1(d)(ii) and inserting “200% of the hourly rate (plus any all-purpose allowance payable)”.

8. By updating the cross-references accordingly.

B. This determination comes into operation on 1 March 2021. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 1 March 2021.

VICE PRESIDENT

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