PR723882 - Variation - 30 Oct 2020

MA000002  PR723882
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)

CLERKS—PRIVATE SECTOR AWARD 2020
[MA000002]

Clerical industry

VICE PRESIDENT HATCHER
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT BULL

SYDNEY,30 OCTOBER 2020

4 yearly review of modern awards –common issue –overtime for casuals –Clerks—Private Sector 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 renumbering clauses 11.3 to 11.5 as clauses 11.4 to 11.6.

2. By inserting a new clause 11.3 as follows:

11.3 When a casual employee works overtime,they must be paid the overtime rates in clause 21.4 and clause 28.1.

3. By deleting clause 21.4 and inserting the following:

21.4 Payment for working overtime

(a) The overtime rate in clause 21.1 is the relevant percentage specified in column 2 for full-time and part-time employees and column 3 for casual employees of Table 5—Overtime rates for employees other than shiftworkers (depending on when the overtime was worked as specified in column 1),calculated daily.

Table 5—Overtime rates for employees other than shiftworkers

Column 1

Hours of overtime worked per day

Column 2

Overtime rate

Full-time and part-time employees

Column 3

Overtime rate

Casual employees

 

% of minimum hourly rate

% of minimum hourly rate

Monday to Saturday—first 2 hours

150

175%

Monday to Saturday—after 2 hours

200

225%

Sunday—all day

200

225%

Public holiday—all day

250

275%

NOTE 1:Schedule B—Summary of Hourly Rates of Pay sets out the hourly overtime rate for all employee classifications according to when overtime is worked.

NOTE 2:The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the overtime rates for full-time and part-time employees prescribed by clause 21.4(a).

4. By deleting clause 28.1 and inserting the following:

28.1 An employer must pay an employee on shiftwork overtime rates at the relevant percentage specified in column 2 for full-time and part-time shiftworkers and column 3 for casual shiftworkers of Table 6—Overtime rates for shiftwork (depending on when the overtime was worked as specified in column 1) as follows:

Table 6—Overtime rates for shiftwork

Column 1

For all time worked:

Column 2

Overtime rate

Full-time and part-time employees

Column 3

Overtime rate

Casual employees

 

% of minimum hourly rate

% of minimum hourly rate

In excess of the ordinary weekly hours fixed in clause 26.1

  

first 3 hours

150

175

after 3 hours

200

225

In excess of ordinary daily hours on an ordinary shift

  

first 2 hours

150

175

after 2 hours

200

225

Saturday,Sunday or public holiday that is not an ordinary working day

200

225

NOTE 1:Schedule B—Summary of Hourly Rates of Pay sets out the hourly overtime rate for all employee classifications according to when overtime is worked.

NOTE 2:The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the overtime rates for full-time and part-time employees prescribed by in clause 28.1.

5. 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:
PR723882
Title:
PR723882 - Variation - 30 Oct 2020
Effective:
30 Oct 2020
Updated:
4 Nov 2020
Related Information
1.0.11.0 SC