DETERMINATION

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

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

AMBULANCE AND PATIENT TRANSPORT INDUSTRY AWARD 2020
[MA000098]

4 yearly review of modern awards – common issue – overtime for casuals – Ambulance and Patient Transport Industry 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 deleting clause 11.3 and inserting the following:

11.3 Casual loading

(a) For each ordinary hour worked, a casual employee must be paid:

(i) the ordinary hourly rate for the classification in which they are employed; and

(ii) a loading of:

•  25% of the ordinary hourly rate for all work on weekdays;

•  75% of the ordinary hourly rate for all work on Saturdays and Sundays; and

•  100% of the ordinary hourly rate for all work on public holidays.

(b) The casual loadings prescribed by clause 11.3(a)(ii) are paid instead of any weekend or public holiday rate that would otherwise apply.

(c) The casual loadings prescribed by clause 11.3(a)(ii) will not be paid for overtime hours worked.

2. By renumbering clause 11.5 as clause 11.6.

3. By inserting a new clause 11.5 as follows:

11.5 The overtime rates prescribed by clause 20.1 will be paid to a casual employee in the following circumstances:

(a) for work performed in excess of rostered hours per shift; and

(b) for work performed in excess of 38 hours per week.

4. By renumbering clauses 20.3 to 20.7 as clauses 20.4 to 20.8.

5. By inserting a new clause 20.3 as follows:

20.3 The casual loadings prescribed by clause 11.3(a)(ii) will not be paid for overtime hours worked.

6. 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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