DETERMINATION

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

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

MISCELLANEOUS AWARD 2020
[MA000104]

4 yearly review of modern awards – overtime for casuals common issue – Miscellaneous Award 2020.

A. Further to the decisions issued by the Full Bench of the Fair Work Commission on 8 October 2019 [[2019] FWCFB 6953] and 30 October 2020 [[2020] FWCFB 5636] the above award is varied as follows:

1. By deleting clause 11.2 and inserting the following:

11.2 Casual loading

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

(i) the minimum hourly rate in clause 15—Minimum rates for the classification in which they are employed; and

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

(b) The casual loading will not be paid for overtime hours worked.

2. By deleting clause 19.1 and inserting the following:

19.1 Overtime

All time worked in excess of:

(a) an average of 38 hours per week, or the daily hours prescribed in clause 13.5, by a full-time employee or casual employee; or

(b) in excess of the agreed number of hours per week pursuant to clauses 10.2 and 10.3, or the daily hours prescribed in clause 13.5, by a part-time employee;

is overtime and must be paid at the rate of 150% of the relevant minimum rate for the first 3 hours and 200% of the relevant minimum rate after 3 hours.

3. By deleting clause 19.2.

4. By renumbering clause 19.3 as a new clause 19.2.

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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