DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Overtime for casuals
(AM2017/51)

ABORIGINAL COMMUNITY CONTROLLED HEALTH SERVICES AWARD 2020
[MA0000115]

4 yearly review of modern awards – common issue – overtime for casuals – Aboriginal Community Controlled Health Services 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 inserting the word “ordinary” before the word “hour” in clause 11.2.

2. By renumbering clauses 11.3 and 11.4 as clauses 11.4 and 11.5.

3. By inserting a new clause 11.3 as follows:

11.3 When a casual employee works overtime, they must be paid the overtime rates in clauses 20.2 and 20.5(b)(i).

4. By renaming clause 20.1 as “Overtime rates—full-time and part-time employees”.

5. By deleting clause 20.1(a) and inserting the following:

(a) A full-time or part-time employee will be paid at 150% of the minimum hourly rate for the first 2 hours and at 200% of the minimum hourly rate after 2 hours for all work performed:

(i) in excess of the number of hours fixed as a day’s, a week’s or a fortnight’s work (as the case may be); or

(ii) outside the span of hours in clause 13.3(a).

6. By deleting the words “an employee” appearing in clause 20.1(b) and inserting “a full-time or part-time employee”.

7. By renumbering clauses 20.2 to 20.7 as clauses 20.3 to 20.8.

8. By inserting a new clause 20.2 as follows:

20.2 Overtime rates—casual employees

(a) A casual employee will be paid at 175% of the minimum hourly rate for the first 2 hours and at 225% of the minimum hourly rate after 2 hours for all work performed:

(i) in excess of the number of hours fixed as a day’s, a week’s or a fortnight’s work (as the case may be); or

(ii) outside the span of hours in clause 13.3(a).

(b) Broken shifts

For all work performed by a casual employee rostered to work a broken shift, the employee will be paid:

(i) for work outside a spread of 9 hours from the time of commencing work—175% of the minimum hourly rate; and

(ii) for work outside a spread of 12 hours from the time of commencing work—225% of the minimum hourly rate.

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 20.1.

9. By deleting clause 20.5(b)(i) and inserting the following:

(i) pay the full-time or part-time employee at 200% of the minimum hourly rate or the casual employee at 225% of the minimum hourly rate, until the employee is released for 10 consecutive hours; and

10. By inserting the following note as a new paragraph at the end of clause 20.5(b):

NOTE: The overtime rate for casual employees has 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 20.5(b)(i).

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

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