DETERMINATION

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

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

FAST FOOD INDUSTRY AWARD 2010
[MA000003]

4 yearly review of modern awards – common issue – overtime for casuals – Fast Food Industry Award 2010.

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 13.2 and inserting the following:

13.2 For each ordinary hour worked, a casual will be paid both the ordinary hourly rate paid to a full-time employee and an additional loading of 25% of the ordinary hourly rate for a full-time employee.

2. By renumbering clauses 13.3 to 13.5 as clauses 13.4 to 13.6.

3. By inserting a new clause 13.3 as follows:

13.3 When a casual employee works overtime, they must be paid the overtime rates in clauses 26.1(b) and 26.4.

4. By deleting clause 26.1 and inserting the following:

26.1 Rate of overtime

(a) The rate of overtime for full time and part-time employees shall be 150% of the ordinary hourly rate for the first two hours on any one day and at the rate of 200% of the ordinary hourly rate after two hours, except on a Sunday which shall be paid for at the rate of 200% of the ordinary hourly rate and on a Public Holiday which shall be paid for at the rate of 250% of the ordinary hourly rate.

(b) The rate of overtime for casual employees shall be 175% of the ordinary hourly rate for the first two hours on any one day and 225% of the ordinary hourly rate after two hours, except on a Sunday which shall be 225% of the ordinary hourly rate and 275% on a Public Holiday.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 13.2 to the overtime rates for full-time and part-time employees prescribed by clause 26.1(a).

5. By deleting clause 26.4 and inserting the following:

26.4 Where an employee works overtime on a Sunday and that work is not immediately preceding or immediately following ordinary hours, then that employee must be paid 200% of the ordinary hourly rate with a minimum payment of four hours at such rate. The rate for a casual employee shall be 225% of the ordinary hourly rate of pay.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 13.2 to the overtime rates for full-time and part-time employees prescribed by clause 26.1(a).

6. 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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