DETERMINATION

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

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

CEMETERY INDUSTRY AWARD 2020
[MA000070]

4 yearly review of modern awards – common issue – overtime for casuals – Cemetery Industry 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 “per hour worked” appearing in clause 10.2 and inserting “for each ordinary hour worked”.

2. By renumbering clauses 10.4 and 10.5 as clauses 10.5 and 10.6.

3. By inserting a new clause 10.4 as follows:

10.4 When a casual employee works overtime, they must be paid the overtime rates in clause 18.1(a).

4. By deleting the word “All” appearing in clause 18.1(a) and inserting the words “For full-time and part-time employees, all”.

5. By deleting the word “thereafter” appearing in clause 18.1(a)(i) and inserting the words “after 2 hours”.

6. By renumbering clause 18.1(b) as clause 18.1(c).

7. By inserting a new clause 18.1(b) as follows:

(b) For casual employees, all time worked outside ordinary hours specified in clause 12—Ordinary hours of work and rostering, worked at the direction of the employer, will be paid as follows:

(i) Monday to Saturday—175% of the ordinary hourly rate for the first 2 hours, and 225% of the ordinary hourly rate after 2 hours; and

(ii) Sunday—225% of the ordinary hourly rate.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.2(b) to the overtime rates for full-time and part-time employees prescribed by clause 18.1(a).

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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