DETERMINATION

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

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

CONCRETE PRODUCTS AWARD 2020
[MA000056]

4 yearly review of modern awards – common issue – overtime for casuals – Concrete Products 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 and inserting the following:

11.2 Casual loading

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

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

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

(b) The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits and other entitlements of full-time or part-time employment.

2. By renumbering clause 11.3 as clause 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 clauses 20.2 and 21.8.

4. By inserting clause 11.4 as follows:

11.4 A casual employee must be paid for a minimum of 4 hours on each day the employee is engaged.

5. By deleting clause 20.2 and inserting the following:

20.2 Overtime rates—employees other than shiftworkers

An employee, other than a shiftworker, who works overtime at the instruction of the employer must be paid the overtime rates as follows:

NOTE 1: See Schedule B—Summary of Hourly Rates of Pay—employees other than tile manufacturing employees for a summary of hourly rates of pay including overtime.

NOTE 2: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 20.2.

6. By deleting clause 21.8 and inserting the following:

21.8 Overtime—shiftworkers

(a) For all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift, shiftworkers will be paid the following rates:

(i) for full-time and part-time shiftworkers employed on continuous work—200% of the ordinary hourly rate; or

(ii) for casual shiftworkers employed on continuous work—250% of the ordinary hourly rate; or

(iii) for full-time and part-time shiftworkers employed on other shiftwork—150% of the ordinary hourly rate for the first 2 hours and 200% thereafter, except in each case when the time is worked:

•  by arrangement between the employees themselves; or

•  for the purpose of effecting the customary rotation of shifts.

(iv) for casual shiftworkers employed on other shiftwork—187.5% of the ordinary hourly rate for the first 2 hours and 250% thereafter, except in each case when the time is worked:

•  by arrangement between the employees themselves; or

•  for the purpose of effecting the customary rotation of shifts.

(b) Provided that when not less than 7 hours and 36 minutes notice has been given to the employer by a relief worker that they will be absent from work and the employee who should be relieved is not relieved and is required to continue to work on the rostered day off, the unrelieved employee will be paid at the following rate:

(i) for full-time and part-time employees—200% of the ordinary hourly rate; or

(ii) for casual employees—250% of the ordinary hourly rate.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 21.8.

7. 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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