DETERMINATION

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

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

LABOUR MARKET ASSISTANCE INDUSTRY AWARD 2020
[MA000099]

4 yearly review of modern awards – common issue – overtime for casuals – Labour Market Assistance 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 during the spread of ordinary hours in clause 14.2 a casual employee must be paid:

(a) the minimum hourly rate for the classification in which they are employed; and

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

2. By renumbering clauses 11.4 and 11.5 as 11.5 and 11.6.

3. 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 21.3.

4. By deleting the words “clause 21—Overtime” in clause 11.4 and inserting “clause 22.1”.

5. By inserting the words “—full-time and part-time employees” after the word “rates” in the heading of clause 21.2.

6. By inserting the word “clause” after the words “hours in” in clause 21.2(c)(ii).

7. By renumbering clauses 21.3 to 21.6 as 21.4 to 21.7.

8. By inserting a new clause 21.3 as follows:

21.3 Overtime rates—casual employees

(a) Monday to Saturday

An employee who is required to work overtime Monday to Saturday will be paid at the rate of 187.5% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours.

(b) Sunday

An employee who is required to work overtime on a Sunday will be paid at 250% of the minimum hourly rate for all overtime worked.

(c) Public holidays

An employee who, with the approval of the employer, works on a public holiday will be paid at the following rates:

(i) 312.5% of the minimum hourly rate for work performed between 6.00 am and 8.00 pm, and not exceeding 10 hours in one day; or

(ii) 437.5% of the minimum hourly rate for work performed outside the hours in clause 21.3(c)(i) or in excess of 10 hours in one day.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 21.2.

9. By inserting the words “or, if the employee is a casual employee, at 250% of the minimum hourly rate,” after the words “minimum hourly rate” in clause 21.6(b)(ii).

10. By inserting the following note as a paragraph at the end of clause 21.6(b)(ii):

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 21.2.

11. 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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