DETERMINATION

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

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

COAL EXPORT TERMINALS AWARD 2020
[MA000045]

4 yearly review of modern awards – common issue – overtime for casuals – Coal Export Terminals 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 clause 11.3 and inserting the following:

11.3 For each ordinary hour worked, a casual employee will be paid no less than:

(a) the minimum hourly rate for the classification in which they are employed; and

(b) a casual loading of 25% of the minimum hourly rate.

2. By inserting the word “casual” before the word “loading” in clause 11.4.

3. By deleting the word “will” appearing in clause 11.5 and inserting the word “must”.

4. By renumbering clause 11.7 as clause 11.8.

5. By renumbering clause 11.5 as clause 11.7.

6. By renumbering clause 11.6 as clause 11.5.

7. 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 19.1.

8. By deleting the word “will” and inserting the word “must” before the word “receive” in clause 11.7.

9. By deleting the table appearing at clause 19.1 and inserting the following:

10. By inserting the following note as a paragraph at the end of clause 19.1:

NOTE: The casual hourly rates include the casual loading prescribed by clause 11.3(b), as defined in clause 2—Definitions.

11. By inserting the words “of the minimum hourly rate” before the full stop at the end of clause 19.3(a).

12. By deleting clause 19.5(b)(ii) and inserting the following:

(ii) The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 19.5(b)(i):

•  if the employee is a full-time or part-time employee, they must be paid at 200% of the minimum hourly rate during rostered hours and after that until the employee is released from duty;

•  if the employee is a casual employee, they must be paid at 200% of the casual hourly rate during rostered hours and after that until the employee is released from duty;

•  the employee will then be entitled to be absent for 10 consecutive hours; and

•  there will be no loss of pay for rostered hours of work time which occur during this absence.

NOTE: The casual hourly rate includes the casual loading prescribed by clause 11.3(b), as defined in clause 2—Definitions.

13. 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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