MA000025  PR710997
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156 – 4 yearly review of modern awards

4 yearly review of modern awards – plain language re-drafting – reasonable overtime
(AM2016/15)

ELECTRICAL, ELECTRONIC AND COMMUNICATIONS CONTRACTING AWARD 2010
[MA000025]

Electrical contracting industry

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT

MELBOURNE, 20 AUGUST 2019

4 yearly review of modern awards – plain language re-drafting – reasonable overtime model term – Electrical, Electronic and Communications Contracting Award 2010

A. Further to the Full Bench decisions issued by the Fair Work Commission on 29 October 2018 [[2018] FWCFB 6680] and 20 August 2019 [[2019] FWCFB 5409] the above award is varied as follows:

1. By deleting clause 26.2 and inserting the following:

26.2 Reasonable overtime

(a) Subject to s.62 of the Act and this clause, an employer may require an employee to work reasonable overtime hours at overtime rates.

(b) An employee may refuse to work overtime hours if they are unreasonable.

(c) In determining whether overtime hours are reasonable or unreasonable for the purpose of this clause the following must be taken into account:

B. This determination comes into operation from 30 August 2019. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 30 August 2019.

PRESIDENT

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