MA000094  PR723899
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)

FITNESS INDUSTRY AWARD 2020
[MA000094]

Health and welfare services

VICE PRESIDENT HATCHER
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT BULL

SYDNEY, 30 OCTOBER 2020

4 yearly review of modern awards – common issue – overtime for casuals – Fitness Industry 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 renumbering clauses 12.3 to 12.4 as clauses 12.4 to 12.5.

2. By inserting a new clause 12.3 as follows:

12.3 The casual loadings prescribed by clauses 12.2(a)(ii) and 12.2(b)(ii) will not be paid for overtime hours worked.

3. By deleting the words “a full time or part time” appearing before the word “employee” in clause 13.3 and inserting the word “an”.

4. By inserting a NOTE at the end of clause 19.2(c) as follows:

NOTE: The casual loadings prescribed by clauses 12.2(a)(ii) and 12.2(b)(ii) will not be paid for overtime hours worked.

5. 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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