DETERMINATION

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

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

BUSINESS EQUIPMENT AWARD 2020
[MA000021]

4 yearly review of modern awards – common issue – overtime for casuals – Business Equipment 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

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

(a) the ordinary hourly rate for the work which the employee performs; and

(b) a loading of 24% of the ordinary hourly rate.

2. By renumbering clause 11.4 as clause 11.6.

3. By inserting a new clause 11.4 as follows:

11.4 Payment for overtime

When a casual employee works overtime, they must be paid the overtime rates in clause 20.1(b).

4. By inserting clause 11.5 as follows:

11.5 Minimum engagement

A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

5. By deleting the word “An” appearing at the beginning of clause 20.1(a) and inserting the words “A full-time or part-time”.

6. By renumbering clause 20.1(b) as clause 20.1(c).

7. By inserting a new clause 20.1(b) as follows:

(b) A casual employee who works in excess of or outside the employee’s ordinary hours established in accordance with clause 12—Ordinary hours of work and rostering or clause 22—Special provisions for shiftworkers of this award will be paid at the rate of 186% of the ordinary hourly rate for the first 3 hours and 248% of the ordinary hourly rate after 3 hours, until the completion of work.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(b) to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 20.1(a).

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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