PR723905 - Variation - 30 Oct 2020

MA000061  PR723905
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)

GAS INDUSTRY AWARD 2020
[MA000061]

Oil and gas 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 –Gas Industry 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 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 clause 11.3 as clause 11.4.

3. By inserting a new clause 11.3 as follows:

11.3 Payment for working overtime

When a casual employee works overtime,they must be paid the overtime rates in clause 19.1.

4. By deleting clause 19.1 and inserting the following:

19.1 Payment for working overtime

(a) For a full-time or part-time employee,any hours worked on any one day in excess of the number of ordinary hours of work for that day must be paid at the rate of 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours.

(b) For a casual employee,any hours worked on any one day in excess of the number of ordinary hours of work for that day must be paid at the rate of 175% of the minimum hourly rate for the first 2 hours and 225% of the minimum hourly rate after 2 hours.

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 clause 19.1(a).

5. By deleting the words “an employee”appearing in clause 19.6(b) and inserting “a full-time or part-time employee”.

6. By inserting clause 19.6(c) as follows:

(c) Where a casual employee is directed to resume work before such a break is taken,the employee must be paid at the rate of 225% of the minimum hourly rate for time subsequently worked until a break of at least 10 hours has been taken.

NOTE:The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rate for full-time and part-time employees prescribed by clause 19.6(b).

7. 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:
PR723905
Title:
PR723905 - Variation - 30 Oct 2020
Effective:
30 Oct 2020
Updated:
4 Nov 2020
Related Information
1.0.11.0 SC