DETERMINATION

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

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

SPORTING ORGANISATIONS AWARD 2020
[MA000082]

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

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

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

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

2. By renumbering clauses 11.5 to 11.7 as clauses 11.6 to 11.8.

3. By inserting a new clause 11.5 as follows:

11.5 The casual loading will not be paid for overtime hours worked.

4. By inserting the words “for full-time employees” after the words “Overtime work” in clause 19.2(a).

5. By renumbering clause 19.2(b) as clause 19.2(d).

6. By inserting a new clause 19.2(b) as follows:

(b) Overtime work for part-time employees is any work performed in accordance with clause 10.6.

7. By inserting clause 19.2(c) as follows:

(c) Overtime work for casual employees is any work performed:

(i) in excess of 38 hours per week averaged over 4 weeks; or

(ii) in excess of 11 hours per day; or

(iii) outside the span of hours of 6.00 am to 9.00 pm.

8. By renumbering clause 19.4 as clause 19.5.

9. By inserting a new clause 19.4 as follows:

19.4 The casual loading prescribed by clause 11.3(b) will not be paid for overtime hours worked.

10. 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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