DETERMINATION

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

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

RACING CLUBS EVENTS AWARD 2020
[MA000013]

4 yearly review of modern awards – common issue – overtime for casuals – Racing Clubs Events 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 renumbering clauses 11.4 to 11.8 as clauses 11.5 to 11.9.

2. By inserting a new clause 11.4 as follows:

11.4 When a casual employee (other than a casual employee engaged on night cleaning duties between the hours of 11.00 pm and 7.00 am) works overtime, they must be paid the overtime rates in clause 21.3.

3. By renumbering clause 12.10 as clause 12.11.

4. By inserting a new clause 12.10 as follows:

12.10 When a casual employee works overtime, they must be paid the overtime rates in clause 21.3.

5. By deleting clause 21.2 and inserting the following:

21.2 Overtime rates—full-time and part-time employees

Overtime is payable at the rate of 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after the first 2 hours.

6. By renumbering clauses 21.3 to 21.6 as clauses 21.4 to 21.7.

7. By inserting a new clause 21.3 as follows:

21.3 Overtime rates—casual employees

Overtime is payable at the rate of 175% of the minimum hourly rate for the first 2 hours and 225% of the minimum hourly rate after the first 2 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a) to the overtime rates for full-time and part-time employees prescribed by clause 21.2.

8. By deleting clause 21.4 and inserting the following:

21.4 Except as provided in clause 21.5, in computing overtime for all employees, each day’s work will stand alone.

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

Printed by authority of the Commonwealth Government Printer