DETERMINATION

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

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

ELECTRICAL, ELECTRONIC AND COMMUNICATIONS CONTRACTING AWARD 2020
[MA000025]

4 yearly review of modern awards – common issue – overtime for casuals – Electrical, Electronic and Communications Contracting 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 inserting the words “and penalty rates” after the word “Overtime” in the heading of Part 5.

2. By inserting the words “and penalty rates” after the word “Overtime” in the heading of clause 20.

3. By deleting clause 20.1(a) and inserting the following:

(a) For all work done outside ordinary hours by a full-time or part-time employee, the rates of pay will be 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours.

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

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

(b) For all work done outside ordinary hours by a casual employee, the rates of pay will be 187.5% of the ordinary hourly rate for the first 2 hours and 250% of the ordinary hourly rate after 2 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 20.1(a).

6. By deleting clauses 20.4(a) and 20.4(b) and inserting the following:

(a) Payment for Sunday work

Work done on Sundays must be paid at the following rates:

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

(ii) for a casual employee—250% of the ordinary hourly rate.

(b) Payment for public holiday work

Work done on a public holiday must be paid at the following rates:

(i) for a full-time or part-time employee—250% of the ordinary hourly rate;

(ii) for a casual employee—312.5% of the ordinary hourly rate.

NOTE: The penalty rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the penalty rates for full-time and part-time employees prescribed by clauses 20.4(a)(i) and 20.4(b)(i).

7. By updating the table of contents and 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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