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 (RECREATIONAL) AWARD 2020
[MA000109]


Diving services
VICE PRESIDENT HATCHER VICE PRESIDENT CATANZARITI DEPUTY PRESIDENT BULL	SYDNEY, 30 OCTOBER 2020

4 yearly review of modern awards – common issue – overtime for casuals – Professional Diving Industry (Recreational) 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 minimum hourly rate for the classification in which they are employed; and

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

2. By renumbering clause 11.4 as clause 11.5.

3. By inserting a new clause 11.4 as follows:

11.4 Payment for working overtime

When a casual employee works overtime, they must be paid the overtime rates in clause 19.3.

4. By deleting clause 19.2 and inserting the following:

19.2 For a full-time or part-time employee, overtime will be paid for at the rate of 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours.

5. By renumbering clauses 19.3 and 19.4 as clauses 19.4 and 19.5.

6. By inserting a new clause 19.3 as follows:

19.3 For a casual employee, overtime will be paid for at the rate of 150% of the casual hourly rate for the first 2 hours and 200% of the casual hourly rate after 2 hours.

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

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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