DETERMINATION

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

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

BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2010
[MA000020]

4 yearly review of modern awards – common issue – overtime for casuals – Building and Construction General On-site 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 following note as a new paragraph at the end of clause 14.6:

NOTE: The overtime and weekend work penalty rates for casual employees have been calculated by adding the casual loading prescribed by clause 14.5 to the overtime and weekend work penalty rates prescribed by clauses 36.2 and 37—Penalty rates.

2. By renumbering clauses 36.3 to 36.17 as clauses 36.4 to 36.18.

3. By inserting a new clause 36.3 as follows:

36.3 A casual employee must be paid in accordance with the overtime rates prescribed by clause 14.6.

4. By inserting a new clause 37.10 as follows:

37.10 A casual employee must be paid for overtime or weekend work in accordance with clause 14.6.

5. 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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