DETERMINATION

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

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

SUGAR INDUSTRY AWARD 2020
[MA000087]

4 yearly review of modern awards – common issue – overtime for casuals – Sugar 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 10.4(a) and inserting the following:

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

(i) the minimum hourly rate for the class of work performed; and

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

2. By renumbering clauses 10.5 and 10.6 as 10.6 and 10.7.

3. By inserting a new clause 10.5 as follows:

10.5 Payment for working overtime

When a casual employee works overtime, they must be paid the overtime rates in clauses 29—Overtime and penalty rates—other than shiftworkers and 30—Shiftwork.

4. By deleting clause 29.1(a) and inserting the following:

(a) Employees must be paid overtime rates for work performed:

(i) within the hours fixed in clause 15—Ordinary hours of work and rostering—other than shiftworkers of this award but in excess of the hours fixed for an ordinary week’s work; or

(ii) outside the hours fixed in clause 15—Ordinary hours of work and rostering—other than shiftworkers.

5. By renumbering clauses 29.1(b) to 29.1(d) as 29.1(d) to 29.1(f).

6. By inserting a new clause 29.1(b) as follows:

(b) Full-time and part-time employees working overtime must be paid at 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate after 3 hours.

7. By inserting a new clause 29.1(c) as follows:

(c) Casual employees working overtime must be paid at 187.5% of the minimum hourly rate for the first 3 hours and 250% of the minimum hourly rate after 3 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.4(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 29.1(b).

8. By renumbering clauses 29.2(a) and 29.2(b) as 29.2(a)(i) and 29.2(a)(ii).

9. By inserting the following heading at the beginning of clause 29.2(a):

(a) Full-time and part-time employees

10. By inserting a new clause 29.2(b) as follows:

(b) Casual employees

(i) A casual employee required to work overtime commencing on Saturday will be paid at 187.5% of the minimum hourly rate for the first 3 hours and 250% of the minimum hourly rate after that for a minimum of 3 hours.

(ii) A casual employee required to work overtime commencing on a Sunday must be paid at 250% of the minimum hourly rate with a minimum of 3 hours’ work or payment provided the employee is available for work for 3 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.4(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 29.2(a).

11. By inserting the words “for full-time and part-time employees and at 250% of the minimum hourly rate for casual employees” after the words “minimum hourly rate” in clause 29.3.

12. By inserting the following note as a new paragraph under clause 29.3:

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.4(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 29.3.

13. By deleting the first bullet point appearing at clause 29.4(b)(ii) and inserting the following:

•  The full-time or part-time employee must be paid at 200% of the minimum hourly rate, and a casual employee must be paid at 250% of the minimum hourly rate, until the employee is released from duty;

14. By inserting the following note as a paragraph under clause 29.4(b)(ii):

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.4(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 29.4(b)(ii).

15. By inserting the words “, including casual shiftworkers,” after “all shiftworkers” in clause 30.7(b).

16. By inserting the words “for a full-time or part-time shiftworker and 250% of the minimum hourly rate for a casual shiftworker” after the words “minimum hourly rate” in clause 30.8.

17. By inserting the following note as a paragraph under clause 30.8:

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.4(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 30.8.

18. By inserting the words “for full-time and part-time shiftworkers and at 250% of the minimum hourly rate for casual shiftworkers” after the words “minimum hourly rate” in clause 30.11(b).

19. By inserting the following note as a paragraph under clause 30.11(b):

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.4(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 30.11(b).

20. By deleting the words “the employee will be paid at 200% of the minimum hourly rate” appearing in clause 30.12(d) and inserting the words “the full-time or part-time employee will be paid at 200% of the minimum hourly rate, and the casual employee will be paid at 250% of the minimum hourly rate,”.

21. By inserting the words “for a full-time or part-time employee and at 312.5% of the minimum hourly rate for a casual employee” after the words “minimum hourly rate” in clause 30.12(g).

22. By inserting the following note as a paragraph under clause 30.12:

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.4(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clauses 30.12(d) and 30.12(g).

23. 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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