DETERMINATION

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

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

AIRLINE OPERATIONS—GROUND STAFF AWARD 2020
[MA000048]

4 yearly review of modern awards – common issue – overtime for casuals – Airline Operations—Ground Staff Award 2020.

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 words “a loading of” after the word “plus” in clause 11.2.

2. By renumbering clause 11.4 as 11.5.

3. By inserting a new clause 11.4 as follows:

11.4 When a casual employee works overtime, they must be paid the overtime rates in clause 24.1(b).

4. By deleting the sentence at the beginning of clause 24.1(a) and inserting the following:

(a) Subject to the following, all work done by full-time and part-time employees outside ordinary hours on any day or shift (except where the time is worked by arrangement between the employees themselves) must be paid at 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours until the completion of the overtime work;

5. By renumbering clauses 24.1(b) and 24.1(c) as 24.1(c) and 24.1(d).

6. By inserting a new clause 24.1(b) as follows:

(b) All work done by casual employees outside ordinary hours on any day or shift (except where the time is worked by arrangement between the employees themselves) must be paid at 175% of the ordinary hourly rate for the first 2 hours and 225% of the ordinary hourly rate after 2 hours until the completion of the overtime work.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the overtime rates for full-time and part-time employees prescribed by clause 24.1(a).

7. By deleting clause 24.2(b) and inserting the following:

(b) If a full-time or part-time employee is required by the employer to resume or continue work without having a break of 10 consecutive hours, the employee must be paid at 200% of the ordinary hourly rate, or if the employee is a casual employee, at 225% of the ordinary hourly rate, until the employee is released from duty. The employee is then entitled to a break of 10 consecutive hours and must not lose pay for ordinary working time occurring during such absence.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the overtime rates for full-time and part-time employees prescribed by clause 24.2(b).

8. By updating the cross-references accordingly.

B. This determination comes into operation on 20 November 2020. 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 20 November 2020.

VICE PRESIDENT

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