PR723893 - Variation - 30 Oct 2020

MA000076  PR723893
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

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

EDUCATIONAL SERVICES (SCHOOLS) GENERAL STAFF AWARD 2020
[MA000076]

Educational services

VICE PRESIDENT HATCHER
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT BULL

SYDNEY,30 OCTOBER 2020

4 yearly review of modern awards –common issue –overtime for casuals –Educational Services (Schools) General Staff 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 the clause 11.2 and inserting the following:

11.2 Casual loading

For each ordinary hour worked,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 11.3 to 11.5 as clauses 11.4 to 11.6.

3. By deleting clause 11.3 and inserting the following:

11.3 When a casual employee works overtime,they must be paid the overtime rates in clause 21.2.

5. By deleting the words “or casual”and “and clause 11—Casual employees”appearing in clause 14.2.

6. By renumbering clauses 14.3 to 14.7 as clauses 14.4 to 14.8.

7. By inserting a new clause 14.3 as follows:

14.3 The ordinary hours of work for a casual employee will be in accordance with clause 11—Casual employees and will be a maximum of 38 hours per week.

8. By deleting clause 21.2 and inserting the following:

21.2 Overtime rates

(a) Subject to clause 21.2(b),where an employee works overtime the employer must pay the employee overtime rates as follows:

 

Full-time and part-time employees

Casual employees

For overtime worked on

% of minimum hourly rate

% of minimum hourly rate

Monday to Saturday—first 3 hours

150

175

Monday to Saturday—after 3 hours

200

225

Sunday

200

225

Public holidays

250

275

(b) A nursing services employee rostered to work overtime on a Saturday or Sunday will be paid the following overtime rates:

    (i) full-time and part-time employees—150% of the minimum hourly rate for all time worked;and

    (ii) casual employees—175% of the minimum hourly rate for all time worked.

(c) Overtime will be calculated daily.

NOTE:The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rates for full-time and part-time employees prescribed by clauses 21.2(a) and 21.2(b)(i).

9. 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

Printed by authority of the Commonwealth Government Printer

About this document
(1)
Code:
PR723893
Title:
PR723893 - Variation - 30 Oct 2020
Effective:
30 Oct 2020
Updated:
4 Nov 2020
Related Information
1.0.11.0 SD