DETERMINATION

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

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

BLACK COAL MINING INDUSTRY AWARD 2010
[MA000001]

4 yearly review of modern awards – common issue – overtime for casuals – Black Coal Mining Industry 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 words “a loading of” after the word “plus” appearing 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 clauses 17.2(a) and 17.3(c).

3. By deleting clause 17.2(a) and inserting the following:

(a) Subject to the exceptions in clause 17.2(b), all time worked in excess of or outside the ordinary hours of any shift on the following days will be paid for at the following rates:

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.4(b) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 17.2(a).

4. By deleting the words “double time” appearing in the paragraph at the end of clause 17.2(b) and inserting “200% of the minimum hourly rate.”

5. By inserting clause 17.2(c) as follows:

(c) A casual employee relieving a permanent employee working a roster mentioned in clause 17.2(b) will be paid at the rate of 250% of the minimum hourly rate for all time worked in excess of or outside the ordinary hours of the shift they are working.

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.4(b) to the minimum hourly rate before applying the overtime rate prescribed by clause 17.2(b).

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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