DETERMINATION

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

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

PORT AUTHORITIES AWARD 2020
[MA000051]

4 yearly review of modern awards – common issue – overtime for casuals – Port Authorities 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 When a casual employee works overtime, they must be paid the overtime rates in clauses 19.1(b), 19.3(b), 19.4(b) and 19.5(b).

4. By inserting the words “full-time and part-time” after the words “payable to” appearing in clause 19.1(a).

5. By inserting clause 19.1(b) as follows:

(b) Overtime is payable to casual employees for any time worked outside of ordinary hours on a Monday to Friday (except a public holiday) at the following rates:

(i) 150% of the casual ordinary hourly rate for the first 3 hours; and

(ii) 200% of the casual ordinary hourly rate after 3 hours.

NOTE: The casual ordinary hourly rate includes the casual loading prescribed by clause 11.3(a)(ii), as defined in clause 2—Definitions.

6. By deleting clause 19.3 and inserting the following:

19.3 Ordinary hours and overtime—Saturday

(a) Full-time and part-time employees:

(i) An employee will be paid 150% of the ordinary hourly rate for all ordinary hours and the first 3 hours of overtime worked between midnight Friday and midnight Saturday; and

(ii) An employee will be paid 200% of the ordinary hourly rate after 3 hours of overtime worked between midnight Friday and midnight Saturday.

(b) Casual employees:

(i) An employee will be paid 150% of the casual ordinary hourly rate for the first 3 hours of overtime worked between midnight Friday and midnight Saturday; and

(ii) An employee will be paid 200% of the casual ordinary hourly rate after 3 hours of overtime worked between midnight Friday and midnight Saturday.

NOTE: The casual ordinary hourly rate includes the casual loading prescribed by clause 11.3(a)(ii), as defined in clause 2—Definitions.

7. By deleting clause 19.4 and inserting the following:

19.4 Ordinary hours and overtime—Sunday

(a) Full-time and part-time employees:

An employee will be paid 200% of the ordinary hourly rate for all ordinary hours and overtime worked on a Sunday.

(b) Casual employees:

An employee will be paid 200% of the casual ordinary hourly rate for overtime worked on a Sunday.

NOTE: The casual ordinary hourly rate includes the casual loading prescribed by clause 11.3(a)(ii), as defined in clause 2—Definitions.

8. By deleting clause 19.5 and inserting the following:

19.5 Ordinary hours and overtime—Public holidays

(a) Full-time and part-time employees:

An employee will be paid 250% of the ordinary hourly rate for all ordinary hours and overtime worked on a public holiday.

(b) Casual employees:

An employee will be paid 250% of the casual ordinary hourly rate for overtime worked on a public holiday.

NOTE: The casual ordinary hourly rate includes the casual loading prescribed by clause 11.3(a)(ii), as defined in clause 2—Definitions.

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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