DETERMINATION

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

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

CAR PARKING AWARD 2020
[MA000095]

4 yearly review of modern awards – common issue – overtime for casuals – Car Parking 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 the words “appropriate classification” appearing after the words “for the” in clause 11.4(a) and inserting the words “classifications in which they are employed”.

2. By renumbering clauses 11.6 and 11.7 as clauses 11.7 and 11.8.

3. By inserting a new clause 11.6 as follows:

11.6 When a casual employee works overtime, they must be paid the overtime rates in clause 21.3.

4. By deleting the words “All employees” appearing in clause 21.2 and inserting “Full-time and part-time employees”.

5. By renumbering clauses 21.3 to 21.6 as clauses 21.4 to 21.7.

6. By inserting a new clause 21.3 as follows:

21.3 Casual employees will be paid overtime for all time worked in excess of or outside the ordinary hours of work on Monday to Sunday at the following rates:

(a) first 2 hours—175% of the minimum hourly rate; and

(b) after 2 hours—225% of the minimum hourly rate.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.4(b) to the overtime rates for full-time and part-time employees prescribed by clause 21.2.

7. By deleting the words “Clause 21.2 applies to all employees including casuals,” appearing in clause 21.4 and inserting “Clauses 21.2 and 21.3 apply to all employees including”.

8. 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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