DETERMINATION

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

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

JOINERY AND BUILDING TRADES AWARD 2010
[MA000029]

4 yearly review of modern awards – common issue – overtime for casuals – Joinery and Building Trades 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 inserting the following note as a new paragraph after the end of clause 12.6:

NOTE: The overtime and public holiday penalty rates for casual employees have been calculated by adding the casual loading prescribed by clause 12.5 to the relevant penalty rates for full-time and part-time employees prescribed by clauses 28.2(h), 28.2(i), 28.3(e)(i), 28.3(e)(ii) and 30 - Overtime.

2. By deleting clause 30.2 and inserting the following:

30.2 Payment for working overtime

(a) Except as provided for in clauses 30.6 and 30.7, all work done outside of ordinary hours by a day worker must be paid at the overtime rate of 150% for the first two hours and 200% after that.

(b) Except as provided for in clauses 30.6 and 30.7, all work done outside of ordinary hours by a shiftworker must be paid at the overtime rate of 200%.

(c) Overtime work performed by a shiftworker employed on the second or third shifts of a day when two or three shifts are worked must be paid for at the rate of 200%.

(d) A casual employee must be paid the overtime penalty rates prescribed by clause 30.2 in accordance with clause 12.6.

3. By deleting the word “thereafter” appearing in clause 30.6(a) and inserting “after that”.

4. By inserting clause 30.6(f) as follows:

(f) A casual employee must be paid the overtime penalty rates prescribed by clause 30.6 in accordance with clause 12.6.

5. By renumbering the paragraph appearing in clause 30.7 as clause 30.7(a).

6. By inserting clause 30.7(b) as follows:

(b) A casual employee must be paid the overtime penalty rate prescribed by clause 30.7 in accordance with clause 12.6.

7. 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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