PR723951 - Variation - 30 Oct 2020

MA000011  PR723951
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)

MINING INDUSTRY AWARD 2020
[MA000011]

Mining 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 –Mining 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 11.3 and inserting the following:

11.3 For each ordinary hour worked,a casual employee will be paid:

(a) the hourly rate for the classification in which they are employed;plus

(b) a casual loading of 25%.

2. By renumbering clauses 11.6 and 11.7 as clauses 11.7 and 11.8.

3. By inserting a new clause 11.6 as follows:

11.6 When a casual employee works overtime,they must be paid the overtime rates in clauses 20.1 and 20.2.

4. By deleting the table appearing in clause 20.1 and inserting the following:

For overtime worked on:

Full-time and part-time employees

Casual employees

 

% of ordinary hourly rate

% of casual ordinary hourly rate

Monday to 12 noon on Saturday—first 3 hours

150%

150%

Monday to 12 noon on Saturday—after 3 hours

200%

200%

After 12 noon on Saturday and all hours on Sunday

200%

200%

Public holiday

250%

250%

5. By inserting the following note as a new paragraph at the end of clause 20.1:

NOTE:The casual ordinary hourly rate includes the casual loading prescribed by clause 11.3(b),as defined in clause 2—Definitions.

6. By deleting the table appearing in clause 20.2 and inserting the following:

For overtime worked on:

Full-time and part-time employees

Casual employees

 

% of ordinary hourly rate

% of casual ordinary hourly rate

Monday to Sunday—all hours

200%

200%

7. By renumbering the note appearing at the end of clause 20.2 as “NOTE 1”.

8. By inserting the following note as a new paragraph at the end of clause 20.2:

NOTE 2:The casual ordinary hourly rate includes the casual loading prescribed by clause 11.3(b),as defined in clause 2—Definitions.

9. By deleting clause 20.4(b) and inserting the following:

(b) Overtime payments under clause 20 are in substitution for any other penalty rates prescribed by clauses 20—Overtime and 21—Shiftwork and Penalty Rates.

10. By deleting clause 21.4 and inserting the following:

21.4 Payments under clause 21 are in substitution for other penalty rates prescribed by clauses 20—Overtime and 21—Shiftwork and Penalty Rates.

11. 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:
PR723951
Title:
PR723951 - Variation - 30 Oct 2020
Effective:
30 Oct 2020
Updated:
4 Nov 2020
Related Information
1.0.11.0 SC