DETERMINATION

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

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

HEALTH PROFESSIONALS AND SUPPORT SERVICES AWARD 2020
[MA000027]

4 yearly review of modern awards – common issue – overtime for casuals – Health Professionals and Support Services 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 11.5(a) and inserting the following:

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

(i) the minimum hourly rate applicable to the classification and pay point in which they are employed; and

(ii) a loading of 25% of the minimum hourly rate.

2. By renumbering clause 11.6 as clause 11.7.

3. By inserting a new clause 11.6 as follows:

11.6 Payment for working overtime

When a casual employee works overtime, they must be paid the overtime rates in clauses 24.3 and 24.4.

4. By deleting the word “rates” in the heading of clause 24.

5. By deleting clause 24.2 and inserting the following:

24.2 Overtime rates—full-time and part-time employees

(a) An employee who works overtime shall be paid the following rates for their employment classification:

(i) Monday to Saturday—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours;

(ii) Sunday—200% of the minimum hourly rate; and

(iii) Public Holidays—250% of the minimum hourly rate.

(b) Overtime rates under clause 24.2 will be in substitution for and not cumulative upon the penalties and loadings prescribed in clause 25—Penalty rates and shiftwork.

6. By renumbering clauses 24.3 to 24.6 as clauses 24.4 to 24.7.

7. By inserting a new clause 24.3 as follows:

24.3 Overtime rates—casual employees

(a) An employee who works overtime shall be paid the following rates for their employment classification:

(i) Monday to Saturday—187.5% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours;

(ii) Sunday—250% of the minimum hourly rate; and

(iii) Public Holidays—312.5% of the minimum hourly rate.

(b) Overtime rates under clause 24.3 will be in substitution for and not cumulative upon the penalties and loadings prescribed in clause 25—Penalty rates and shiftwork.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.5(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 24.2.

8. By renumbering clause 24.4(b)(ii) as clause 24.4(c).

9. By deleting clause 24.4(b) and inserting the following:

(b) If, on the instructions of the employer, an employee referred to in clause 24.4(a) does not receive 10 consecutive hours off duty, the employee must be paid as follows:

(i) for a full-time or part-time employee—at a rate of 200% of the minimum hourly rate applicable to their classification and pay point until being released from duty; and

(ii) for a casual employee—at a rate of 250% of the minimum hourly rate applicable to their classification and pay point until being released from duty.

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.5(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 24.4(b)(i).

10. By deleting the word “upon” inserting the word “Upon” and by inserting the words “the employee is entitled” before the words “to be absent” in clause 24.4(c).

11. 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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