DETERMINATION

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

The Australian Workers' Union
(AM2021/61)

FUNERAL INDUSTRY AWARD 2020
[MA000105]

Application by the Australian Workers’ Union under s 160 of the Fair Work Act 2009 to rectify error or uncertainty in the Funeral Industry Award 2020.

A. Further to the decision issued by the Fair Work Commission on 29 October 2021 [2021 FWC 5201], the above award is varied as follows:

1. By deleting clause 11.2 and inserting the following:

11.2 When a casual employee works overtime, they must be paid the overtime rates in clauses 19.1(b), 19.4(a), 19.4(b), 20.6(b) and 20.7(b).

2. By deleting clause 19.4(a) and inserting the following:

(a) Where an employee is called to undertake removals between the hours of 7.00 pm and midnight and work is completed at or prior to midnight:

(i) a full-time or part-time employee will be paid 150% of the minimum hourly rate for the first 3 hours of work and 200% of the minimum hourly rate thereafter; and

(ii) a casual employee will be paid 175% of the minimum hourly rate for the first 3 hours of work and 225% of the minimum hourly rate thereafter.

3. By deleting clause 19.4(b) and inserting the following:

(b) Where an employee is called to undertake a removal, any portion of which occurs between the hours of midnight and 7.00 am:

(i) a full-time or part-time employee will be paid 200% of the minimum hourly rate; and

(ii) a casual employee will be paid 225% of the minimum hourly rate.

4. By inserting clause 19.4(d) as follows:

(d) Full-time employees are entitled to a minimum payment of 2 hours for work performed under clause 19.4(a) and 19.4(b).

B. This determination comes into operation from 5 November 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 on or after 5 November 2021.

VICE PRESIDENT

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