PR598321 - Decision - 04 Dec 2017

[2017] FWCFB 6417
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2017/51)

VICE PRESIDENT HATCHER
DEPUTY PRESIDENT KOVACIC
DEPUTY PRESIDENT BULL



SYDNEY,4 DECEMBER 2017

4 yearly review of modern awards - overtime for casuals.

[1] Following a decision by the Group 3 Full Bench,the substantive matters of overtime entitlements for casuals in the Sporting Organisations Award 2010 and Fitness Industry Award 2010 were referred to this separately constituted Full Bench for consideration.

[2] The issue of overtime for casuals has been identified as an outstanding item in a number of other modern awards through the award stage of the review. These modern awards will therefore be considered by this Full Bench along with the Sporting Organisations Award 2010 and Fitness Industry Award 2010.

[3] The Fair Work Ombudsman issued a research paper in 2014 concerning the expression of rates of pay,overtime and penalty rates in modern awards. This paper included a table identifying those awards where casual employees’entitlement to overtime and the interaction between the casual loading and overtime rates were or were not clearly stated. 1

[4] Subsequently,the Commission’s research area has identified awards in which there is potential ambiguity as to when casual employees’overtime entitlements arise - for example,for hours worked outside the span of hours in the relevant award,or for hours worked in excess of 38 hours per week.

[5] The information identified in paragraphs [3] and [4] has been compiled into a table,which is provided at Attachment A.

[6] Interested parties are invited to provide any written response concerning the accuracy of the list of awards in Attachment A by 4.00 pm on Monday 11 December 2017. Any such response should be sent to amod@fwc.gov.au.

[7] Further,any interested party that seeks a variation to any of the modern awards identified in Attachment A in respect of overtime entitlements for casual employees should lodge a draft determination setting out the variation sought on or before 4.00 pm on Monday 18 December. Any such draft determination may be lodged by email at amod@fwc.gov.au.

[8] A Notice of Listing for a directions hearing concerning the identified modern awards will be issued subsequently.

VICE PRESIDENT

Attachment A

List of awards that may contain ambiguity about if,when and at what rate casuals may be entitled to overtime

Award title

MA Code

Unclear whether overtime is payable to casuals

Unclear when overtime commences

Unclear at what rate overtime is payable

ABORIGINAL COMMUNITY CONTROLLED HEALTH SERVICES AWARD 2010

MA000115

Aged Care Award 2010

MA000018

  

Aircraft Cabin Crew Award 2010

MA000047

Airline Operations-Ground Staff Award 2010

MA000048

Airport Employees Award 2010

MA000049

Alpine Resorts Award 2010

MA000092

 

 

Aluminium Industry Award 2010

MA000060

 

Ambulance and Patient Transport Industry Award 2010

MA000098

Amusement,Events and Recreation Award 2010

MA000080

Animal Care and Veterinary Services Award 2010

MA000118

Architects Award 2010

MA000079

Asphalt Industry Award 2010

MA000054

Banking,Finance and Insurance Award 2010

MA000019

Black Coal Mining Industry Award 2010

MA000001

Broadcasting,Recorded Entertainment and Cinemas Award 2010

MA000091

Building and Construction General On-site Award 2010

MA000020

 

 

Business Equipment Award 2010

MA000021

Car Parking Award 2010

MA000095

  

Cement and Lime Award 2010

MA000055

Cemetery Industry Award 2010

MA000070

Children’s Services Award 2010

MA000120

  

Cleaning Services Award 2010

MA000022

 

 

Clerks - Private Sector Award 2010

MA000002

Coal Export Terminals Award 2010

MA000045

Commercial Sales Award 2010

MA000083

Concrete Products Award 2010

MA000056

Contract Call Centres Award 2010

MA000023

Corrections and Detention (Private Sector) Award 2010

MA000110

 

 

Cotton Ginning Award 2010

MA000024

Dredging Industry Award 2010

MA000085

Dry Cleaning and Laundry Industry Award 2010

MA000096

  

Educational Services (Post-Secondary Education) Award 2010

MA000075

Educational Services (Schools) General Staff Award 2010

MA000076

Educational Services (Teachers) Award 2010

MA000077

Electrical Power Industry Award 2010

MA000088

  

Electrical,Electronic and Communications Contracting Award 2010

MA000025

  

Fast Food Industry Award 2010

MA000003

 

Fitness Industry Award 2010

MA000094

Food,Beverage and Tobacco Manufacturing Award 2010

MA000073

Funeral Industry Award 2010

MA000105

Gardening and Landscaping Services Award 2010

MA000101

Gas Industry Award 2010

MA000061

General Retail Industry Award 2010*

MA000004

 

Graphic Arts,Printing and Publishing Award 2010

MA000026

Hair and Beauty Industry Award 2010

MA000005

 

 

Health Professionals and Support Services Award 2010

MA000027

Higher Education Industry-General Staff-Award 2010

MA000007

Horse and Greyhound Training Award 2010

MA000008

Horticulture Award 2010*

MA000028

 

Hospitality Industry (General) Award 2010*

MA000009

 

 

Hydrocarbons Industry (Upstream) Award 2010*

MA000062

Joinery and Building Trades Award 2010

MA000029

 

 

Labour Market Assistance Industry Award 2010*

MA000099

  

Legal Services Award 2010

MA000116

Live Performance Award 2010*

MA000081

Local Government Industry Award 2010

MA000112

 

Mannequins and Models Award 2010

MA000117

 

Manufacturing and Associated Industries and Occupations Award 2010

MA000010

Marine Tourism and Charter Vessels Award 2010

MA000093

 

 

Marine Towage Award 2010

MA000050

Market and Social Research Award 2010

MA000030

 

Meat Industry Award 2010

MA000059

 

 

Medical Practitioners Award 2010

MA000031

Mining Industry Award 2010*

MA000011

Miscellaneous Award 2010

MA000104

 

Mobile Crane Hiring Award 2010

MA000032

 

 

Nursery Award 2010*

MA000033

Nurses Award 2010

MA000034

Oil Refining and Manufacturing Award 2010*

MA000072

Passenger Vehicle Transportation Award 2010

MA000063

Pastoral Award 2010

MA000035

Pest Control Industry Award 2010

MA000097

Pharmaceutical Industry Award 2010

MA000069

Pharmacy Industry Award 2010*

MA000012

 

 

Plumbing and Fire Sprinklers Award 2010

MA000036

Port Authorities Award 2010*

MA000051

Ports,Harbours and Enclosed Water Vessels Award 2010*

MA000052

Poultry Processing Award 2010

MA000074

 

Premixed Concrete Award 2010

MA000057

Professional Diving Industry (Industrial) Award 2010

MA000108

Professional Diving Industry (Recreational) Award 2010

MA000109

Quarrying Award 2010

MA000037

Racing Clubs Events Award 2010*

MA000013

Racing Industry Ground Maintenance Award 2010

MA000014

Rail Industry Award 2010

MA000015

Real Estate Industry Award 2010

MA000106

Registered and Licensed Clubs Award 2010

MA000058

 

Restaurant Industry Award 2010*

MA000119

 

Salt Industry Award 2010

MA000107

Seafood Processing Award 2010

MA000068

Security Services Industry Award 2010

MA000016

Silviculture Award 2010

MA000040

Sporting Organisations Award 2010

MA000082

State Government Agencies Award 2010

MA000121

Stevedoring Industry Award 2010

MA000053

Storage Services and Wholesale Award 2010

MA000084

Sugar Industry Award 2010

MA000087

Supported Employment Services Award 2010

MA000103

 

Surveying Award 2010

MA000066

Telecommunications Services Award 2010

MA000041

Textile,Clothing,Footwear and Associated Industries Award 2010

MA000017

 

Transport (Cash in Transit) Award 2010

MA000042

Travelling Shows Award 2010

MA000102

 

Vehicle Manufacturing,Repair,Services and Retail Award 2010

MA000089

Waste Management Award 2010

MA000043

 

 

Water Industry Award 2010

MA000113

 

Wine Industry Award 2010

MA000090

 

Wool Storage,Sampling and Testing Award 2010

MA000044

*summary of submissions for these awards indicates previous acknowledgement that the issue of overtime for casual employees has been referred to/may be affected by Casual employment and Part-time employment proceedings.

 1  FWO Research paper,11 April 2014,pp 45–54

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About this document
(1)
Code:
PR598321
Title:
PR598321 - Decision - 04 Dec 2017
Effective:
4 Dec 2017
Updated:
4 Dec 2017
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