|FAIR WORK COMMISSION|
Fair Work Act 2009
cl.48 of Schedule 1—Variations to modern awards
Casual terms award review 2021
VICE PRESIDENT HATCHER
SYDNEY,27 SEPTEMBER 2021
Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 –casual amendments –review of modern awards –Alpine Resorts Award 2020 –award varied.
A. Pursuant to clause 48 of Schedule 1 to the Fair Work Act 2009 and the decision issued by the Full Bench on 27 September 2021 [ FWCFB 6008],the above award is varied as follows:
1. By inserting the following definition in clause 2 in alphabetical order:
casual employee has the meaning given by section 15A of the Act.
2. By inserting the following definition in clause 2 in alphabetical order:
regular casual employee has the meaning given by section 12 of the Act.
3. By replacing the words “is an employee who is engaged and paid as a casual employee”appearing in clause 11.1 with the words “may be engaged”.
4. By deleting clause 11.3 and inserting the following:
11.3 Offers and requests for casual conversion
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE:Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 33—Dispute resolution.
5. By deleting clause 11.4.
6. By renumbering clause 11.5 as clause 11.4.
7. By deleting clause 11.4(a)(v).
8. By inserting the word ‘and’after the semi-colon in clause 11.4(a)(iv).
9. By renumbering clause 11.4(a)(vi) as clause 11.4(a)(v).
10. By deleting clause 18.6(c) and inserting the following:
(c) An adult apprentice must not suffer a reduction in their minimum wage under this award because they have entered into a training agreement if they were employed by the employer at that enterprise immediately before entering into a training agreement,either:
(i) as a full-time employee for at least 6 months;or
(ii) as a part-time or regular casual employee for at least 12 months.
11. By deleting clause 20.3(c) and inserting the following:
(c) The employer may then offer the employee,and the employee may undertake,a non-primary role (or roles) in any level or classification within Schedule A—Classification Definitions that they are qualified for,provided that:
(i) any non-primary role is to be paid for in accordance with clause 11;and
(ii) any hours worked by an employee in a non-primary role do not count toward ordinary hours or overtime in the employee’s primary role.
12. By updating the cross references accordingly.