DETERMINATION

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

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

HAIR AND BEAUTY INDUSTRY AWARD 2010
[MA000005]

4 yearly review of modern awards – common issue – overtime for casuals – Hair and Beauty 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 deleting clause 13.3 and inserting the following:

13.3 When a casual employee works overtime, they must be paid the overtime rates in clause 31.2(b).

2. By deleting clause 31.2(a) and inserting the following:

(a) Overtime hours worked by full-time or part-time employees in excess of the ordinary number of hours of work prescribed in clause 28.2 are to be paid at 150% of the ordinary hourly rate of pay for the first three hours and 200% of the ordinary hourly rate of pay after three hours.

3. By deleting clause 31.2(b) and inserting the following:

(b) Overtime hours worked by casual employees:

(i) in excess of 38 hours per week or, where the casual employee works in accordance with a roster, in excess of 38 hours per week averaged over the course of the roster cycle; or

(ii) in excess of 10 ½ hours per day;

shall be paid at 175% of the ordinary hourly rate of pay for the first three hours and 225% of the ordinary hourly rate of pay after three hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 13.2 to the overtime rates for full-time and part-time employees prescribed by clause 31.2(a).

4. By deleting the words “double time” appearing at clause 31.2(e) and inserting the words “200% of the ordinary hourly rate of pay”.

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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