DETERMINATION

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

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

TEXTILE, CLOTHING, FOOTWEAR AND ASSOCIATED INDUSTRIES AWARD 2010
[MA000017]

4 yearly review of modern awards – common issue – overtime for casuals – Textile, Clothing, Footwear and Associated Industries Award 2010.

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 14.3 and inserting the following:

14.3 Casual loading

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

(a) the ordinary hourly rate prescribed for the relevant classification; and

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

2. By renumbering clauses 14.6 to 14.10 as clauses 14.7 to 14.11.

3. By inserting a new clause 14.6 as follows:

14.6 When a casual employee works overtime, they must be paid the overtime rates in clause 39.4.

4. By deleting clause 39.3 and inserting the following:

39.3 Payment for working overtime—full-time and part-time employees

(a) An employer must pay an employee overtime at the rate of:

(i) 150% of the ordinary hourly rate for the first three hours; and

(ii) 200% of the ordinary hourly rate after three hours.

(b) For the purpose of calculating overtime each day must stand alone.

(c) An employer must pay an employee who is paid under any system of payment by results at the following rates for any overtime worked in addition to the payment by results earnings earned by the worker:

(i) for the first two hours, at the rate of 150% of the ordinary hourly rate for their skill level; and

(ii) after two hours, at the rate of 200% of the ordinary hourly rate for their skill level.

5. By renumbering clauses 39.4 to 39.5 as clauses 39.5 to 39.6.

6. By inserting a new clause 39.4 as follows:

39.4 Payment for working overtime—casual employees

(a) An employer must pay an employee overtime at the rate of:

(i) 175% of the ordinary hourly rate for the first three hours; and

(ii) 225% of the ordinary hourly rate after three hours.

(b) For the purpose of calculating overtime each day must stand alone.

(c) An employer must pay an employee who is paid under any system of payment by results at the following rates for any overtime worked in addition to the payment by results earnings earned by the worker:

(i) for the first two hours, at the rate of 175% of the ordinary hourly rate for their skill level; and

(ii) after two hours, at the rate of 225% of the ordinary hourly rate for their skill level.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 14.3 to the overtime rates for full-time and part-time employees prescribed by clause 39.3.

7. By deleting the word “thereafter” appearing in clause 39.5 and inserting the words “after three hours”.

8. 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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