DETERMINATION

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

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

CLERKS—PRIVATE SECTOR AWARD 2020
[MA000002]


Clerical industry
VICE PRESIDENT HATCHER VICE PRESIDENT CATANZARITI DEPUTY PRESIDENT BULL	SYDNEY, 30 OCTOBER 2020

4 yearly review of modern awards – common issue – overtime for casuals – Clerks—Private Sector 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 renumbering clauses 11.3 to 11.5 as clauses 11.4 to 11.6.

2. 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 clause 21.4 and clause 28.1.

3. By deleting clause 21.4 and inserting the following:

21.4 Payment for working overtime

(a) The overtime rate in clause 21.1 is the relevant percentage specified in column 2 for full-time and part-time employees and column 3 for casual employees of Table 5—Overtime rates for employees other than shiftworkers (depending on when the overtime was worked as specified in column 1), calculated daily.

Table 5—Overtime rates for employees other than shiftworkers

Column 1 Hours of overtime worked per day	Column 2 Overtime rate Full-time and part-time employees	Column 3 Overtime rate Casual employees
	% of minimum hourly rate	% of minimum hourly rate
Monday to Saturday—first 2 hours	150	175%
Monday to Saturday—after 2 hours	200	225%
Sunday—all day	200	225%
Public holiday—all day	250	275%

NOTE 1: Schedule B—Summary of Hourly Rates of Pay sets out the hourly overtime rate for all employee classifications according to when overtime is worked.

NOTE 2: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the overtime rates for full-time and part-time employees prescribed by clause 21.4(a).

4. By deleting clause 28.1 and inserting the following:

28.1 An employer must pay an employee on shiftwork overtime rates at the relevant percentage specified in column 2 for full-time and part-time shiftworkers and column 3 for casual shiftworkers of Table 6—Overtime rates for shiftwork (depending on when the overtime was worked as specified in column 1) as follows:

Table 6—Overtime rates for shiftwork

Column 1 For all time worked:	Column 2 Overtime rate Full-time and part-time employees	Column 3 Overtime rate Casual employees
	% of minimum hourly rate	% of minimum hourly rate
In excess of the ordinary weekly hours fixed in clause 26.1
first 3 hours	150	175
after 3 hours	200	225
In excess of ordinary daily hours on an ordinary shift
first 2 hours	150	175
after 2 hours	200	225
Saturday, Sunday or public holiday that is not an ordinary working day	200	225

NOTE 1: Schedule B—Summary of Hourly Rates of Pay sets out the hourly overtime rate for all employee classifications according to when overtime is worked.

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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