DETERMINATION

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

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

WASTE MANAGEMENT AWARD 2020
[MA000043]

4 yearly review of modern awards – common issue – overtime for casuals – Waste Management 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 11.6(a) and inserting the following:

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

(i) the ordinary hourly rate for the classification in which they are employed; and

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

2. By deleting the words “19—Overtime” appearing in clause 11.8 and inserting “19.1”.

3. By inserting the words “by full-time and part-time employees” after the words “ordinary hours” appearing in clause 19.1.

4. By renumbering clauses 19.2 to 19.5 as clauses 19.3 to 19.6.

5. By inserting a new clause 19.2 as follows:

19.2 Work done outside ordinary hours by casual employees must be paid for at 160% of the ordinary hourly rate calculated hourly for the first 2 hours and 210% after 2 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the additional rate of 10% prescribed by clause 11.8, to the overtime rates for full-time and part-time employees prescribed by clause 19.1.

6. By deleting the words “clauses 19.1 and 19.3” appearing in clause 19.3 and inserting “clauses 19.1, 19.2 and 19.4”.

7. By inserting the words “the relevant” after the words “paid at” in the paragraph at the beginning of clause 20.4.

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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