DETERMINATION

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

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

COTTON GINNING AWARD 2020
[MA000024]

4 yearly review of modern awards – common issue – overtime for casuals – Cotton Ginning 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 will not be paid for overtime hours worked.

(c) In the case of a penalty rate and loading applying, the casual employee will only receive the penalty rate and not the loading.

(d) In the case of more than one loading applying, a casual employee will receive only one loading and, where loadings are at a different rate, casual employees will receive the loading at the greater rate.

2. By deleting clause 21.2(d) and inserting the following:

(d) The casual loading prescribed by clause 11.2(a)(ii) will not be paid for overtime hours worked.

3. 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

Printed by authority of the Commonwealth Government Printer