DETERMINATION

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

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

EDUCATIONAL SERVICES (POST-SECONDARY EDUCATION) AWARD 2020
[MA000075]

4 yearly review of modern awards – common issue – overtime for casuals – Educational Services (Post-Secondary Education) 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 renumbering clauses 11.3 to 11.9 as clauses 11.4 to 11.10.

2. By inserting a new clause 11.3 as follows:

11.3 When a casual employee works overtime, they must be paid the overtime rates in clauses 19.1(c), 19.3 and 19.6(c).

3. By inserting clause 15.2(c) as follows:

(c) When a casual employee works overtime, they must be paid the overtime rates in clauses 19.1(c), 19.3 and 19.6(c).

4. By deleting clause 19.1(b) and inserting the following:

(b) Overtime rates—full-time and part-time employees

Where a full-time or part-time employee works overtime, the employee must be paid the following overtime rates:

(i) 150% of the minimum hourly rate for the first 2 hours; and

(ii) 200% of the minimum hourly rate after 2 hours.

5. By renumbering clause 19.1(c) as clause 19.1(e).

6. By inserting a new clause 19.1(c) as follows:

(c) Overtime rates—casual employees

Where a casual employee works overtime, the employee must be paid the following overtime rates:

(i) 175% of the minimum hourly rate for the first 2 hours; and

(ii) 225% of the minimum hourly rate after 2 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 15.2(b) to the overtime rates for full-time and part-time employees prescribed by clause 19.1(b)

7. By inserting clause 19.1(d) as follows:

(d) Overtime calculated daily

The overtime rates prescribed by clauses 19.1(b) and 19.1(c) are calculated on a daily basis.

8. By inserting the words “full-time and part-time” before the word “shiftworkers” in the heading of clause 19.2.

9. By deleting the sentence at the beginning of clause 19.2(a) and inserting the following:

(a) For all time worked in excess of the ordinary weekly hours fixed, a full-time or part-time shiftworker must be paid the following rates:

10. By deleting the sentence at the beginning of clause 19.2(b) and inserting the following:

(b) For all time worked in excess of the ordinary daily hours on an ordinary shift, a full-time or part-time shiftworker must be paid the following rates:

11. By inserting the words “full-time or part-time” before the word “shiftworker” in clause 19.2(c).

12. By renumbering clauses 19.3 to 19.7 as clauses 19.4 to 19.8.

13. By inserting a new clause 19.3 as follows:

19.3 Overtime—general staff—casual shiftworkers classified at Level 7 or below

(a) For all time worked in excess of the ordinary weekly hours fixed, a casual shiftworker must be paid the following rates:

(i) 175% of the minimum hourly rate for the first 3 hours; and

(ii) 225% of the minimum hourly rate after 3 hours.

(b) For all time worked in excess of the ordinary daily hours on an ordinary shift, a casual shiftworker must be paid the following rates:

(i) 175% of the minimum hourly rate for the first 2 hours; and

(ii) 225% of the minimum hourly rate after 2 hours.

(c) Saturday, Sunday and public holiday work

(i) A casual shiftworker whose ordinary hours do not include a Saturday, Sunday or a public holiday must be paid 225% of the minimum hourly rate for all work done on such a day with a minimum payment of 4 hours.

(ii) The minimum payment does not apply if the work is continuous with the starting or finishing time of their ordinary shift.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 15.2(b) to the overtime rates for full-time and part-time employees prescribed by clauses 19.2.

14. By inserting the words “for a full-time or part-time employee or at 225% of the minimum hourly rate for a casual employee” after the words “minimum hourly rate” in clause 19.6(c).

15. By inserting the following note as a paragraph at the end of clause 19.6(c):

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 15.2(b) to the overtime rates for full-time and part-time employees prescribed by clause 19.6(c).

16. 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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