DETERMINATION

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

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

MOBILE CRANE HIRING AWARD 2010
[MA000032]

4 yearly review of modern awards – common issue – overtime for casuals – Mobile Crane Hiring 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 the words “an additional 25% of the hourly rate” appearing in clause 10.3(c) and inserting “a loading of 25% of the hourly rate (plus the all-purpose industry allowance)”.

2. By inserting the words “(plus the all-purpose industry allowance)” after the words “hourly rate” wherever it appears in clause 10.3(d).

3. By inserting the following note as a new paragraph after the end of clause 10.3(d):

NOTE: The overtime penalty rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(c) to the overtime penalty rates for full-time and part-time employees prescribed by clauses 24.2, 24.3 and 24.4.

4. By renumbering clauses 24.5 to 24.11 as clauses 24.6 to 24.12.

5. By inserting a new clause 24.5 as follows:

24.5 A casual employee must be paid in accordance with the overtime penalty rates prescribed by clause 10.3(d).

6. 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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