DETERMINATION

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

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

LIVE PERFORMANCE AWARD 2020
[MA000081]

4 yearly review of modern awards – common issue – overtime for casuals – Live Performance Award 2020 – correction.

A. The determination issued by the Full Bench of the Fair Work Commission on 30 October 2020 [PR723975] is corrected as follows:

1. By deleting item A.19 and inserting a new item A.19 as follows:

“19. By deleting clause 63.2 and inserting the following:

63.2 Casual employees

(a) A casual employee will receive overtime calculated to the nearest quarter of an hour.

(b) A casual employee who works in excess of 8 ordinary hours per day will be paid overtime as follows:

(i) 175% of the minimum hourly rate for the first 2 hours; and

(ii) 225% of the minimum hourly rate after 2 hours.

(c) A casual employee who works more than 38 hours (excluding overtime worked and paid on a daily basis) in any one week will be paid for all time in excess of 38 hours as follows:

(i) 175% of the minimum hourly rate for the first 4 hours; and

(ii) 225% of the minimum hourly rate after 4 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 57.3 to the overtime rates for weekly employees prescribed by clause 63.1.”

2. By deleting the words “a new” appearing in item A.27.

3. By renumbering item A.28 as item A.29.

4. By inserting a new item A.28 as follows:

“28. By deleting the words “clause 63.4(a)” appearing in clause 63.4(d) and inserting the words “clauses 63.4(a), 63.4(b) and 63.4(c)”.

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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