DETERMINATION

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

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

ASPHALT INDUSTRY AWARD 2020
[MA000054]

4 yearly review of modern awards – common issue – overtime for casuals – Asphalt 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 11.4 and inserting the following:

11.4 Casual loading

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

(a) the ordinary hourly rate for the classification in which they are employed in clause 15; plus

(b) a loading of 25% of the ordinary hourly rate.

2. By renumbering clause 11.7 as 11.8.

3. By inserting a new clause 11.7 as follows:

11.7 Payment for working overtime

When a casual employee works overtime, they must be paid the overtime rates in clauses 19.2 and 20.5.

4. By deleting the table appearing in clause 19.2 and inserting the following:

5. By inserting the following note as a paragraph at the end of clause 19.2:

NOTE 3: The casual ordinary hourly rate includes the casual loading prescribed by clause 11.4(b), as defined in clause 2—Definitions.

6. By deleting clause 20.5(a) and inserting the following:

(a) Work done by shiftworkers in excess of and outside the ordinary working hours of their shift (inclusive of time accrued for a rostered shift off under clause 20.3) or on a shift other than a rostered shift will be paid at the following rate:

(i) for full-time and part-time shiftworkers—200% of the ordinary hourly rate; or

(ii) for casual shiftworkers—200% of the casual ordinary hourly rate.

7. By deleting clause 20.5(c) and inserting the following:

(c) Where a shiftworker is not relieved from duty at the proper time the shiftworker will be paid at the following rates for all time worked after finishing an ordinary shift:

(i) for a full-time or part-time shiftworker—150% of their ordinary hourly rate for the first 8 hours, and 200% of their ordinary hourly rate for time after 8 hours; or

(ii) for a casual shiftworker—150% of their casual ordinary hourly rate for the first 8 hours, and 200% of their casual ordinary hourly rate for time after 8 hours.

8. By inserting the following note as a new paragraph at the end of clause 20.5:

NOTE: The casual ordinary hourly rate includes the casual loading prescribed by clause 11.4(b), as defined in clause 2—Definitions.

9. 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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