DETERMINATION

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

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

SILVICULTURE AWARD 2020
[MA000040]

4 yearly review of modern awards – common issue – overtime for casuals – Silviculture 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 11.2 and inserting the following:

11.2 Casual loading

For each ordinary hour worked, a casual employee must be paid at least:

(a) the ordinary hourly rate for the classification in which they are employed; and

(b) a loading of 25% of the ordinary hourly rate.

2. By renumbering clauses 11.3 and 11.4 as clauses 11.4 and 11.5.

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 clauses 19.2, 19.6(a)(ii), 19.6(a)(iv), 19.6(b)(ii), 19.6(c)(ii), 19.9 and 20.9.

4. By deleting the heading in clause 19.1 and inserting the following:

19.1 Overtime for weekday work—full-time and part-time employees

5. By renumbering clauses 19.2 to 19.7 as clauses 19.3 to 19.8.

6. By inserting a new clause 19.2 as follows:

19.2 Overtime for weekday work—casual employees

Except as otherwise provided in clause 19, all time worked by an employee in excess of, or outside the ordinary hours of work, (inclusive of time worked for accrual purposes) must be paid at a rate of:

(a) 175% of the ordinary hourly rate for the first 2 hours; and

(b) 225% of the ordinary hourly rate after 2 hours.

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

7. By inserting the words “for a full-time or part-time employee, or 225% of the ordinary hourly rate for a casual employee,” after the words “ordinary hourly rate” appearing in clause 19.4(c).

8. By inserting the following note as a new paragraph at the end of clause 19.4(c).

NOTE: The overtime rate for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rate for full-time and part-time employees prescribed by clause 19.4(c).

9. By deleting clause 19.6 and inserting the following:

19.6 Overtime for weekend and public holiday work

(a) Saturday work

(i) All time worked on a Saturday by a full-time or part-time employee must be paid for at 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours.

(ii) All time worked on a Saturday by a casual employee must be paid for at 175% of the ordinary hourly rate for the first 2 hours and 225% of the ordinary hourly rate after 2 hours.

(iii) All work performed on Easter Saturday by a full-time or part-time employee must be paid for at 250% of the ordinary hourly rate.

(iv) All work performed on Easter Saturday by a casual employee must be paid for at 275% of the ordinary hourly rate.

(v) An employee required to work prearranged overtime on a Saturday must be given a minimum of 3 hours’ work or be paid for 3 hours at the appropriate overtime rate.

(b) Sunday work

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

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

(iii) An employee required to work prearranged overtime on a Sunday must be given a minimum of 4 hours’ work or be paid for 4 hours at the appropriate overtime rate.

(c) Public holiday work

(i) All work performed by a full-time or part-time employee on any of the holidays or substituted holidays prescribed in clause 27—Public holidays must be paid for at 250% of the ordinary hourly rate.

(ii) All work performed by a casual employee on any of the holidays or substituted holidays prescribed in clause 27—Public holidays must be paid for at 275% of the ordinary hourly rate.

(iii) An employee required to work on a public holiday must be given a minimum of 4 hours’ work or paid for 4 hours at the appropriate penalty rate.

NOTE: The overtime rates for casual employees in clause 19.6 have been calculated by adding the casual loading prescribed by clause 11.2(b) to the equivalent overtime rates for full-time and part-time employees prescribed by clause 19.6.

10. By renumbering clauses 19.7 and 19.8 as clauses 19.8 and 19.9.

11. By inserting a new clause 19.7 as follows:

19.7 The overtime rates for casual shiftworkers are provided for in clause 20.9.

12. By deleting the heading in clause 19.8 and inserting the following:

19.8 Call-outs—full-time and part-time employees

13. By deleting the word “that” at the end of clause 19.8(a)(ii) and inserting “2 hours”.

14. By deleting the word “that” at the end of clause 19.8(b)(ii) and inserting “2 hours”.

15. By renumbering clause 19.9 as clause 19.10.

16. By inserting a new clause 19.9 as follows:

19.9 Call-outs—casual employees

(a) Monday to Friday

(i) An employee called out to work after they have left work for the day must be paid for a minimum of 3 hours’ work at 175% of the ordinary hourly rate for each time they are called out.

(ii) If the employee is required to work for 2 hours or more, they must be paid for a minimum of 4 hours’ work at the ordinary hourly rate for the first 2 hours and 225% of the ordinary hourly rate after 2 hours.

(b) Saturdays

(i) An employee called out to work on a Saturday must be paid for a minimum of 3 hours’ work at 175% of the ordinary hourly rate for each time they are called out.

(ii) If the employee is required to work for 2 hours or more, they must be paid for a minimum of 3 hours’ work at 175% of the ordinary hourly rate for the first 2 hours and 225% of the ordinary hourly rate after 2 hours.

(c) Sundays

(i) An employee called out to work on a Sunday must, for the first call out, be paid for a minimum of 3 hours’ work at 225% of the ordinary hourly rate.

(ii) Each subsequent call out must be paid at the rate of 225% of ordinary hourly rate for the actual time worked.

(d) Public holidays

(i) An employee called out to work on a public holiday must, for the first call out, be paid for a minimum of 3 hours’ work at 275% of the ordinary hourly rate.

(ii) Each subsequent call out must be paid at the rate of 275% of the ordinary hourly rate for the actual time worked.

NOTE: The call-out overtime rates for casual employees in clause 19.9 have been calculated by adding the casual loading prescribed by clause 11.2(b) to the equivalent call-out overtime rates for full-time and part-time employees prescribed by clause 19.9.

17. By deleting the heading in clause 20.9 and inserting the following:

20.9 Overtime—shiftworkers

18. By inserting the words “full-time or part-time” before the word “shiftworker” in clause 20.9(a).

19. By renumbering clause 20.9(b) as clause 20.9(c).

20. By inserting a new clause 20.9(b) as follows:

(b) All overtime worked by a casual shiftworker must be paid at 225% of the ordinary hourly rate.

NOTE: The overtime rate for casual shiftworkers been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rate for full-time and part-time employees prescribed by clause 20.9(a).

21. By updating the table of contents and 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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