DETERMINATION

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

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

CHILDREN'S SERVICES AWARD 2010
[MA000120]

4 yearly review of modern awards – common issue – overtime for casuals – Children's Services 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 words “, for each ordinary hour worked,” after the words “and must” appearing in clause 10.5(a).

2. By deleting clause 23.2(a) and inserting the following:

(a) Full-time and part-time employees will be paid overtime at the rate of 150% of the hourly rate (plus any all-purpose allowance payable) for the first 2 hours and 200% of the hourly rate (plus any all-purpose allowance payable) after 2 hours. In calculating overtime, each day’s work will stand alone.

3. By renumbering clause 23.2(b) as clause 23.2(c).

4. By inserting a new clause 23.2(b) as follows:

(b) Casual employees will be paid overtime at the rate of 175% of the hourly rate (plus any all-purpose allowance payable) for the first 2 hours and 225% of the hourly rate (plus any all-purpose allowance payable) after 2 hours. In calculating overtime, each day’s work will stand alone.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.5(a) to the overtime rates for full-time and part-time employees prescribed by clause 23.2(a).

5. 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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