MA000018  PR723844
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)

AGED CARE AWARD 2010
[MA000018]

Aged care 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 – Aged Care 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 10.4(b).

2. By inserting clause 10.4(c) as follows:

(c) When a casual employee works overtime, they must be paid the overtime rates in clause 25.1(c).

3. By deleting clause 25.1(a) and inserting the following:

(a) Full-time employees

4. By deleting clause 25.1(b) and inserting the following:

(b) Part-time employees

5. By renumbering clauses 25.1(c) to 25.1(e) as clauses 25.1(d) to 25.1(f).

6. By inserting a new clause 25.1(c) as follows:

(c) Casual employees

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.4(b) to the hourly rate (plus any all-purpose allowance payable) before applying the overtime rates for full-time and part-time employees prescribed by clauses 25.1(a) and 25.1(b).

7. By deleting the words “double time” appearing in clause 25.1(d)(ii) and inserting “200% of the hourly rate (plus any all-purpose allowance payable)”.

8. By updating the cross-references accordingly.

B. This determination comes into operation on 1 March 2021. 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 1 March 2021.

VICE PRESIDENT

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