DETERMINATION

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

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

HAIR AND BEAUTY INDUSTRY AWARD 2010
[MA000005]

4 yearly review of modern awards – common issue – overtime for casuals – Hair and Beauty Industry Award 2010.

A. Further to the decision issued by the Full Bench of the Fair Work Commission on 2 August 2021 [[2021] FWCFB 4656] the above award is varied as follows:

1. By deleting clause 31.2 and inserting the following:

31.2 Overtime and penalty rates

(a) Overtime—full time and part-time employees

Hours worked by full-time or part-time employees in excess of the ordinary number of hours of work prescribed in clause 28.2 are overtime hours and are to be paid at 150% of the ordinary hourly rate of pay for the first three hours and 200% of the ordinary hourly rate of pay after three hours.

(b) Overtime—casual employees

Hours worked by casual employees:

(i) in excess of 38 hours per week or, where the casual employee works in accordance with a roster, in excess of 38 hours per week averaged over the course of the roster cycle; or

(ii) in excess of 10 � hours per day;

are overtime hours and shall be paid at 175% of the ordinary hourly rate of pay for a full-time employee for the first three hours and 225% of the ordinary hourly rate of pay for a full-time employee after three hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 13.2 to the overtime rates for full-time and part-time employees prescribed by clause 31.2(a).

(c) Work outside the spread of hours—casual employees

For all ordinary hours worked outside the spread of hours specified in clause 28.2(a) for any day except Sunday, a casual employee will be paid at 150% of the ordinary hourly rate for a full-time employee.

(d) Saturday work

For all ordinary hours worked on a Saturday within the spread of hours specified in clause 28.2(a), a full-time, part-time and casual employee will be paid at 133% of the ordinary hourly rate for a full-time employee.

(e) Sunday work

All ordinary and overtime hours of work for full-time, part-time and casual employees on a Sunday will be paid at the rate of 200% of the ordinary hourly rate for a full-time employee.

(f) Employment on rostered day off

Where it is mutually agreed upon between the employer and the employee (such agreement to be evidenced in writing), an employee may be employed on their rostered day off at the rate of 200% of the ordinary hourly rate of pay for a full-time employee for all time worked with a minimum payment as for four hours’ work.

2. By deleting clause 13.3 and inserting the following:

13.3 A casual employee must be paid the relevant rate specified in clause 31.2 when they work as follows:

(a) overtime hours; or

(b) ordinary hours outside the spread of hours on Monday to Saturday; or

(c) ordinary hours within the spread of hours on a Saturday; or

(d) any hours on a Sunday.

B. This determination comes into operation on 9 August 2021. 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 9 August 2021.

VICE PRESIDENT

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