DETERMINATION

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

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

TELECOMMUNICATIONS SERVICES AWARD 2020
[MA000041]

4 yearly review of modern awards – common issue – overtime for casuals – Telecommunications Services 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 11.4 and 11.5 as clauses 11.5 and 11.6.

2. By inserting a new clause 11.4 as follows:

11.4 When a casual employee works overtime, they must be paid the overtime rates in clause 20.2(b).

3. By deleting the word “an” appearing before the words “employee works” in clause 20.2(a) and inserting the words “a full-time or part-time”.

4. By renumbering clauses 20.2(b) and 20.2(c) as clauses 20.2(c) and 20.2(d).

5. By inserting a new clause 20.2(b) as follows:

(b) Where a casual employee works overtime, the employer must pay the employee overtime rates as follows:

(i) First 3 hours—187.5% of the ordinary hourly rate; and

(ii) After 3 hours—250% 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(b) to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 20.2(a).

6. 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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