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 INDUSTRY GROUND MAINTENANCE AWARD 2020
[MA000014]

4 yearly review of modern awards – common issue – overtime for casuals – Racing Industry Ground Maintenance 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 11.3 to 11.5 as clauses 11.4 to 11.6.

2. 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 19.1(b).

3. By deleting clause 19.1(a) and inserting the following:

(a) Full-time and part-time employees

(i) All time worked by a full-time or part-time employee in excess of 38 ordinary hours a week or outside the spread of hours set out in clause 13.1 of this award or in excess of 10 ordinary hours per day will be paid for at the rate of 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after the first 2 hours.

(ii) Overtime worked by a full-time or part-time employee on Sunday must be paid for at the rate of 200% of the ordinary hourly rate.

4. By deleting clause 19.1(b) and inserting the following:

(b) Casual employees

(i) All time worked by a casual employee in excess of 38 ordinary hours a week or outside the spread of hours set out in clause 13.1 of this award or in excess of 10 ordinary hours per day will be paid for at the rate of 175% of the ordinary hourly rate for the first 2 hours and 225% of the ordinary hourly rate after the first 2 hours.

(ii) Overtime worked by a casual employee on a Sunday must be paid for at the rate of 225% of the ordinary hourly rate.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the overtime rates for full-time and part-time employees prescribed by clause 19.1(a).

5. By deleting clause 20.4(b).

6. By renumbering clause 20.4(a) as a paragraph in clause 20.4.

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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