DETERMINATION

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

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

PREMIXED CONCRETE AWARD 2020
[MA000057]

4 yearly review of modern awards – common issue – overtime for casuals – Premixed Concrete 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 the words “For each hour worked” appearing in clause 11.2(a) and inserting “For each ordinary hour worked”.

2. By renumbering clause 11.3 as clause 11.4.

3. By inserting a new clause 11.3 as follows:

11.3 When a casual employee works overtime, they must be paid the overtime rates in clause 20.2.

4. By deleting clause 20.2 and inserting the following:

20.2 Overtime rates—shiftworkers and non-shiftworkers

Where an employee works overtime, the employer must pay to the employee the overtime rates as follows:

NOTE 1: See Schedule A—Summary of Hourly Rates of Pay for a summary of overtime rates.

NOTE 2: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 20.2.

5. By deleting clause 20.4(c) and inserting the following:

(c) If, on the direction of the employer, an employee resumes or continues work without having had 10 consecutive hours off duty, the employee must be paid as follows until they are released from duty for 10 consecutive hours:

(i) for a full-time or part-time employee—200% of the ordinary hourly rate;

(ii) for a casual employee—225% of the ordinary hourly rate.

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the overtime rate for full-time and part-time employees prescribed by clause 20.4(c)(i).

6. By inserting clause 20.4(d) as follows:

(d) An employee required to work under clause 20.4(c) is entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

7. 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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