DETERMINATION

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

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

OIL REFINING AND MANUFACTURING AWARD 2020
[MA000072]

4 yearly review of modern awards – common issue – overtime for casuals – Oil Refining and Manufacturing 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 11.3(a) and inserting the following:

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

(i) the ordinary hourly rate for the classification in which they are employed; and

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

2. By renumbering clauses 11.4 and 11.5 as clauses 11.5 and 11.6.

3. By inserting a new clause 11.4 as follows:

11.4 Payment for working overtime

When a casual employee works overtime, they must be paid the overtime rates in clause 22.3.

4. By inserting the words “full-time and part-time employees” before the words “other than continuous shiftworkers” in the heading of clause 22.2.

5. By deleting clause 22.2(a) and inserting the following:

(a) Monday to Saturday

Except where provided otherwise in clause 22, an employee will be paid for overtime worked on Monday to Saturday at the rate of:

(i) 150% of the ordinary hourly rate for the first 2 hours; and

(ii) 200% of ordinary hourly rate after 2 hours.

6. By renumbering clauses 22.2(d) to 22.7 as clauses 22.4 to 22.9.

7. By inserting a new clause 22.3 as follows:

22.3 Payment for working overtime—casual employees other than continuous shiftworkers

(a) Monday to Saturday

Except where provided otherwise in clause 22, an employee will be paid for overtime worked on Monday to Saturday at the rate of:

(i) 175% of the ordinary hourly rate for the first 2 hours; and

(ii) 225% of the ordinary hourly rate after 2 hours.

(b) Sunday

An employee will be paid 225% of the ordinary hourly rate for overtime worked at any time on a Sunday.

(c) Public holiday

An employee will be paid 275% of the ordinary hourly rate for overtime worked on a public holiday.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 22.2.

8. By deleting clause 22.5 and inserting the following:

22.5 Payment for working overtime—continuous shiftworkers—full-time and part-time employees

A full-time or a part-time continuous shiftworker will be paid 200% of the ordinary hourly rate for all overtime the employer requires the continuous shiftworker to perform.

9. By renumbering clauses 22.6 to 22.9 as clauses 22.7 to 22.10.

10. By inserting a new clause 22.6 as follows:

22.6 Payment for working overtime—continuous shiftworkers—casual employees

A casual continuous shiftworker will be paid 225% of the ordinary hourly rate for all overtime the employer requires the continuous shiftworker to perform.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 22.5.

11. By deleting clause 22.8(b) and inserting the following:

(b) Any payments under clause 22 are in substitution of any other penalty rates in Part 5—Overtime and Penalty rates.

12. By deleting clause 23.2 and inserting the following:

23.2 Calculation of penalty rates

Any payments under clause 23 are in substitution of any other penalty rates in Part 5—Overtime and Penalty rates.

13. 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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