DETERMINATION

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

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

ANIMAL CARE AND VETERINARY SERVICES AWARD 2020
[MA000118]

4 yearly review of modern awards – common issue – overtime for casuals – Animal Care and Veterinary 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 deleting clause 11.2 and inserting the following:

11.2 For each ordinary hour worked, a casual employee must be paid:

(a) the minimum hourly rate for the classification in which they are employed; and

(b) a loading of 25% of the minimum hourly rate.

2. By renumbering clauses 11.4 to 11.6 as clauses 11.5 to 11.7.

3. By inserting a new clause 11.4 as follows:

11.4 When a casual employee works overtime, they must be paid the overtime rates in clause 20.1(c).

4. By deleting the sentence at the beginning of clause 20.1(a) and inserting the following:

(a) Overtime rates must be paid to full-time and part-time employees in accordance with clause 20.1(b) and to casual employees in accordance with clause 20.1(c) as follows:

5. By inserting the words “—full-time and part-time employees” at the end of clause 20.1(b) heading.

6. By deleting the word “thereafter” appearing in clause 20.1(b)(i) and inserting “after 3 hours.”

7. By renumbering clauses 20.1(c) and 20.1(d) as clauses 20.1(d) and 20.1(e).

8. By inserting a new clause 20.1(c) as follows:

(c) Overtime rates for employees other than veterinary surgeons—casual employees

(i) Monday to Saturday

175% of the minimum hourly rate for the first 3 hours and 225% of the minimum hourly rate after 3 hours.

(ii) Sunday

225% of the minimum hourly rate with a minimum payment of 3 hours provided the employee is ready willing and available to work such overtime.

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(b).

9. 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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