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 |
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 |
Overtime 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 |
Overtime 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 |
Overtime 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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