MA000035  PR723940
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

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

PASTORAL AWARD 2020
[MA000035]

Agricultural industry

VICE PRESIDENT HATCHER
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT BULL

SYDNEY, 30 OCTOBER 2020

4 yearly review of modern awards – common issue – overtime for casuals – Pastoral 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 inserting the word “ordinary” before the word “hour” in clause 11.5(a).

2. By inserting clause 11.5(c) as follows:

(c) When a casual employee works overtime, they must be paid the overtime rates in clauses 35.2, 43.2, and 49.1(b).

3. By deleting the table in clause 35.2 and inserting the following:

For overtime worked

Overtime rate
Full-time and part-time employees
% ordinary hourly rate

Overtime rate
Casual employees
% of ordinary hourly rate

Monday to Saturday

150

175

Sunday—feeding and watering stock

150

175

Sunday—other than feeding and watering stock

200

225

4. By inserting the following note as a new paragraph at the end of clause 35.2:

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.5(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 35.2.

5. By deleting the table in clause 43.2 and inserting the following:

For overtime worked

Overtime rate
Full-time and part-time employees
% ordinary hourly rate

Overtime rate
Casual employees
% of ordinary hourly rate

Monday to Saturday—first 2 hours

150

175

Monday to Saturday—after first 2 hours

200

225

Sunday—all hours

200

225

6. By inserting the following note as a new paragraph at the end of clause 43.2:

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.5(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 43.2.

7. By deleting the table in clause 49.1(b) and inserting the following:

For overtime worked

Overtime rate
Full-time and part-time employees
% ordinary hourly rate

Overtime rate
Casual employees
% ordinary hourly rate

Monday to Saturday

150

175

Sunday—feeding and watering stock

150

175

Sunday—other than feeding and watering stock

200

225

8. By inserting the following note as a new paragraph at the end of clause 49.1(b):

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.5(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 49.1(b).

9. 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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