MA000044 PR723993 |
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)
WOOL STORAGE,SAMPLING AND TESTING AWARD 2010
[MA000044]
Wool storage,sampling and testing industry | |
VICE PRESIDENT HATCHER | SYDNEY,30 OCTOBER 2020 |
4 yearly review of modern awards –common issue –overtime for casuals –Wool Storage,Sampling and Testing Award 2010.
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 inserting the word “ordinary”before the word “hour”in clause 10.3(b).
2. By renumbering clause 10.3(d) as clause 10.3(e).
3. By inserting a new clause 10.3(d) as follows:
(d) A casual employee must be paid the overtime rates in clauses 25.1(b) and 25.3(b) and the penalty rates in clauses 25.6(b),25.7(b) and 25.9(b).
4. By deleting clause 25.1 and inserting the following:
25.1 Overtime payments—employees other than continuous shiftworkers
(a) Except where provided otherwise in clause 25,a full-time or part-time employee (other than a continuous shiftworker) will be paid the following additional payments for all work done in addition to their ordinary hours:
(i) 50% of the ordinary hourly base rate of pay for the first two hours and 100% of the ordinary hourly base rate of pay after two hours,for overtime worked from Monday to 12.00 pm Saturday;
(ii) 100% of the ordinary hourly base rate of pay for overtime worked after 12.00 pm on a Saturday and at any time on a Sunday;and
(iii) 150% of the ordinary hourly base rate of pay for overtime worked on a public holiday.
(b) Except where provided otherwise in clause 25,a casual employee (other than a continuous shiftworker) will be paid the following additional payments for all work done in addition to their ordinary hours:
(i) 75% of the ordinary hourly base rate of pay for the first two hours and 125% of the ordinary hourly base rate of pay after two hours,for overtime worked from Monday to 12.00 pm Saturday;
(ii) 125% of the ordinary hourly base rate of pay for overtime worked after 12.00 pm on a Saturday and at any time on a Sunday;and
(iii) 175% of the ordinary hourly base rate of pay for overtime worked on a public holiday.
NOTE:The additional overtime payments for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(b) to the additional overtime payments for full-time and part-time employees prescribed by clause 25.1(a).
5. By deleting clause 25.3 and inserting the following:
25.3 Overtime—continuous shiftworkers
(a) A full-time or part-time continuous shiftworker will be paid an additional payment for all work done in addition to their ordinary hours of 100% of the ordinary hourly base rate of pay.
(b) A casual continuous shiftworker will be paid an additional payment for all work done in addition to their ordinary hours of 125% of the ordinary hourly base rate of pay.
NOTE:The additional overtime payment for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(b) to the additional overtime payment for full-time and part-time employees prescribed by clause 25.3(a).
6. By deleting clause 25.4(b) and inserting the following:
(b) Any payments under clauses 25.1 and 25.3 are in substitution for any other loadings or penalty rates prescribed by clause 25.
7. By deleting clause 25.6 and inserting the following:
(a) Full-time and part-time shiftworkers or continuous shiftworkers
(i) A shiftworker or continuous shiftworker whilst on afternoon shift or night shift must be paid a loading of 15% of the ordinary hourly base rate of pay.
(ii) A shiftworker or continuous shiftworker whilst on permanent night shift must be paid a loading of 30% of the ordinary hourly base rate of pay.
(b) Casual shiftworkers or continuous shiftworkers
(i) A shiftworker or continuous shiftworker whilst on afternoon shift or night shift must be paid a loading of 40% of the ordinary hourly base rate of pay.
(ii) A shiftworker or continuous shiftworker whilst on permanent night shift must be paid a loading of 55% of the ordinary hourly base rate of pay.
NOTE:The shiftwork penalties for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(b) to the shiftwork penalties for full-time and part-time employees prescribed by clause 25.6(a).
8. By deleting clause 25.7 and inserting the following:
25.7 Weekend work
(a) A full-time and part-time employee will be paid the following loadings for ordinary hours worked on a Saturday or Sunday:
(i) 50% of the ordinary hourly base rate of pay for the first two hours and 100% of ordinary hourly base rate of pay after two hours,for ordinary hours worked at any time on a Saturday;and
(ii) 100% of the ordinary hourly base rate of pay,for ordinary hours worked at any time on a Sunday.
(b) A casual employee will be paid the following loadings for ordinary hours worked on a Saturday or Sunday:
(i) 75% of the ordinary hourly base rate of pay for the first two hours and 125% of ordinary hourly base rate of pay after two hours,for ordinary hours worked at any time on a Saturday;and
(ii) 125% of the ordinary hourly base rate of pay,for ordinary hours worked at any time on a Sunday.
NOTE:The weekend penalties for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(b) to the weekend penalties for full-time and part-time employees prescribed by clause 25.7(a).
9. By deleting clause 25.9 and inserting the following:
25.9 Public Holidays
(a) A full-time and part-time employee will be paid at the rate of 250% of the ordinary base rate of pay for any ordinary hours worked on a public holiday.
(b) A casual employee will be paid at the rate of 275% of the ordinary base rate of pay for any ordinary hours worked on a public holiday.
NOTE:The public holiday penalty rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(b) to the public holiday penalty rate for full-time and part-time employees prescribed by clause 25.9(a).
10. 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
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