DETERMINATION

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

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

STEVEDORING INDUSTRY AWARD 2020
[MA000053]

4 yearly review of modern awards – common issue – overtime for casuals – Stevedoring Industry 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 Casual loading

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

(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 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 clauses 21.4 and 21.6.

4. By deleting clause 21.3 and inserting the following:

21.3 Overtime rates—full-time and guaranteed wage employees—day workers

(a) A full-time or guaranteed wage day worker required to work overtime on Monday to Saturday will be paid 200% of the ordinary hourly rate for all hours worked.

(b) A full-time or guaranteed wage day worker required to work overtime on Sunday or a public holiday will be paid 250% of the ordinary hourly rate for all hours worked.

5. By renumbering clauses 21.4 to 21.13 as clauses 21.5 to 21.14.

6. By inserting a new clause 21.4 as follows:

21.4 Overtime rates—casual employees—day workers

(a) A casual day worker required to work overtime on Monday to Saturday will be paid 250% of the ordinary hourly rate for all hours worked.

(b) A casual day worker required to work overtime on a Sunday or a public holiday will be paid 312.5% of the ordinary hourly rate for all hours worked.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(b) to the ordinary hourly rate before applying the overtime rates for full-time and guaranteed wage employees prescribed by clause 21.3.

7. By inserting the words “full-time and guaranteed wage employees—” after the words “Overtime rates—” in the heading of clause 21.5.

8. By inserting the words “full-time or guaranteed wage” before the words “shiftwork employee” in clause 21.5(a).

9. By inserting the words “full-time or guaranteed wage” before the word “shiftworker” appearing in clause 21.5(b).

10. By deleting the words “of the ordinary hourly rate” appearing before the words “on a night shift on a public holiday” in clause 21.5(b)(iv).

11. By renumbering clauses 21.6 to 21.14 as clauses 21.7 to 21.15.

12. By deleting clause 21.6 and inserting the following:

21.6 Overtime rates—casual employees—shiftwork employees

(a) A casual shiftworker required to work overtime that is continuous with the commencement or conclusion of a shift in which their ordinary hours of work are performed will be paid 125% of the ordinary hourly rate in addition to the rate appropriate to the shift in which the overtime is worked.

(b) A casual shiftworker required to work overtime that is not continuous with the commencement or conclusion of a shift in which their ordinary hours of work are performed will be paid:

(i) 250% of the ordinary hourly rate for Monday to Saturday;

(ii) 312.5% of the ordinary hourly rate for Sunday;

(iii) 312.5% of the ordinary hourly rate for day and evening shifts worked on a public holiday; and

(iv) 375% of the ordinary hourly rate on a night shift on a public holiday.

NOTE: The overtime rates for casual shiftworkers have been calculated by adding the casual loading prescribed by clause 11.3(b) to the ordinary hourly rate before applying the overtime rates for shiftworkers prescribed by clauses 21.5(a) and 21.5(b).

13. 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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