MA000110 PR723888 |
FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards – Overtime for casuals
(AM2017/51)
CORRECTIONS AND DETENTION (PRIVATE SECTOR) AWARD 2020
[MA000110]
Corrections and detentions | |
VICE PRESIDENT HATCHER |
SYDNEY, 30 OCTOBER 2020 |
4 yearly review of modern awards – overtime for casuals common issue – Corrections and Detention (Private Sector) Award 2020.
A. Further to the decisions issued by the Full Bench of the Fair Work Commission on 8 October 2019 [[2019] FWCFB 6953] 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 and rates payable for shift and weekend work on the same basis as a weekly employee for the classification in which they are employed; and
(ii) an additional loading of 25% of the minimum hourly rate.
2. By renumbering clauses 19.2(c) and 19.2(d) as 19.2(d) and 19.2(e) respectively.
3. By inserting a new clause 19.2(c) as follows:
(c) A casual employee is paid at overtime rates (exclusive of the casual loading) for any work done:
(i) in excess of 10 hours per day if the employee is not a shiftworker;
(ii) in excess of 12 hours per day if the employee is a shiftworker; or
(iii) in excess of 38 hours per week averaged over 28 days.
4. 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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