DETERMINATION

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

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

PROFESSIONAL DIVING INDUSTRY (INDUSTRIAL) AWARD 2020
[MA000108]

4 yearly review of modern awards – common issue – overtime for casuals – Professional Diving Industry (Industrial) 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 words “, inclusive of casual loading, which is payable for all purposes” after the words “clause 32—Minimum rates” in the definition of casual hourly rate in clause 2.

2. By deleting clause 10.3 and inserting the following:

10.3 Casual loading

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

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

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

(b) The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits and the other entitlements of full-time or part-time employment.

(c) The casual loading constitutes part of the casual employee’s all-purpose rate.

3. By renumbering clauses 10.4 to 10.6 as clauses 10.5 to 10.7.

4. By inserting a new clause 10.4 as follows:

10.4 When a casual (inshore diver) employee works overtime, they must be paid the overtime rates in clause 30.2.

5. By deleting the words “in clause 10—Casual employees” in the footnote in clause 30.2 and inserting the words “defined in clause 2—Definitions”.

6. 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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