DETERMINATION

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

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

COMMERCIAL SALES AWARD 2020
[MA000083]

4 yearly review of modern awards – common issue – overtime for casuals – Commercial Sales 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 11.2(a) and inserting the following:

(a) For each ordinary hour worked, a casual employee must be paid:

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

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

2. By renumbering clauses 11.3 and 11.4 as 11.4 and 11.5.

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 clause 19.2.

4. By deleting clause 19.1 and inserting the following:

19.1 Full-time and part-time employees

(a) Monday to Friday work

A full-time or part-time employee directed by the employer to perform any work after 6.00 pm Monday to Friday inclusive, or in excess of the ordinary hours of work provided in clause 13—Ordinary hours of work, will be paid at a rate of 150% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates.

(b) Saturday work

A full-time or part-time employee directed by the employer to perform any work on a Saturday will be paid at a rate of 150% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates, with a minimum payment of 2 hours.

(c) Sunday work

A full-time or part-time employee directed by the employer to perform any work on a Sunday will be paid at a rate of 200% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates, with a minimum payment of 3 hours.

5. By deleting clause 19.2 and inserting the following:

19.2 Casual employees

(a) Monday to Friday work

A casual employee directed by the employer to perform any work after 6.00 pm Monday to Friday inclusive, or in excess of the ordinary hours of work provided in clause 13—Ordinary hours of work, will be paid at a rate of 175% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates.

(b) Saturday work

A casual employee directed by the employer to perform any work on a Saturday will be paid at a rate of 175% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates, with a minimum payment of 2 hours.

(c) Sunday work

A casual employee directed by the employer to perform any work on a Sunday will be paid at a rate of 225% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates, with a minimum payment of 3 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 19.1.

6. By deleting clause 19.3.

7. By renumbering clause 19.4 as 19.3.

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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