DETERMINATION

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

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

CEMENT, LIME AND QUARRYING AWARD 2020
[MA000055]

4 yearly review of modern awards – common issue – overtime for casuals – Cement, Lime and Quarrying 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 “A casual employee” appearing in clause 11.2 and inserting “For each ordinary hour worked, a casual employee:”

2. By renumbering clauses 11.3 to 11.5 as clauses 11.4 to 11.6.

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 20.1 and 20.2.

4. By deleting the table appearing in clause 20.1(d) and inserting the following:

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

(e) All time worked by an employee who is a continuous shiftworker in excess of their ordinary working hours will be paid at the following overtime rates:

(i) for a full-time or part-time employee—200% of the ordinary hourly rate,

(ii) for a casual employee—225% of the ordinary hourly rate.

6. By inserting the following note as a new paragraph at the end of clause 20.1:

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a) to the overtime rates for full-time and part-time employees prescribed by clause 20.1.

7. By deleting clause 20.2(d) and inserting the following:

(d) Subject to clauses 15.7 and 15.8, overtime must be paid to employees at the following rates:

8. By deleting clause 20.2(e) and inserting the following:

(e) For work done on a Sunday an employee must receive a minimum payment of 4 hours’ work at the overtime rate prescribed in clause 20.2(d).

9. By inserting clause 20.2(f) as follows:

(f) The rates of 200% and 225% of the ordinary hourly rate prescribed in clause 20.2(d) are to continue until the completion of the overtime worked.

10. By inserting the following note as a new paragraph at the end of clause 20.2:

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a) to the overtime rates for full-time and part-time employees prescribed by clause 20.2(d).

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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