DETERMINATION

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

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

FOOD, BEVERAGE AND TOBACCO MANUFACTURING AWARD 2010
[MA000073]

4 yearly review of modern awards – common issue – overtime for casuals – Food, Beverage and Tobacco Manufacturing 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 renumbering clauses 13.2 to 13.5 as clauses 13.3 to 13.6.

2. By inserting a new clause 13.2 as follows:

13.2 When a casual employee works overtime, they must be paid the overtime rates in clause 33.

3. By inserting the following note as a new paragraph before clause 33.1:

NOTE: The overtime rates for casual employees in clause 33 have been calculated by adding the casual loading prescribed by clause 13.1 to the overtime rates prescribed for full-time and part-time employees.

4. By deleting clause 33.1(a) and inserting the following:

(a) Except as provided for in clauses 33.12, 33.1(d), 33.7 and 33.8, for all work done outside ordinary hours on any day or shift, as defined in clauses 30.2, 30.3 and 30.4, the overtime rates are as follows:

(i) for a full-time or part-time employee—150% of the minimum hourly rate (plus any all-purpose allowance payable) for the first three hours and 200% of the minimum hourly rate (plus any all-purpose allowance payable) after three hours until the completion of the overtime work,

(ii) for a casual employee—187.5% of the minimum hourly rate (plus any all-purpose allowance payable) for the first three hours and 250% of the minimum hourly rate (plus any all-purpose allowance payable) after three hours until the completion of overtime work,

(iii) for a full-time or part-time continuous shiftworker—200% of the minimum hourly rate (plus any all-purpose allowance payable),

(iv) for a casual continuous shiftworker—250% of the minimum hourly rate (plus any all-purpose allowance payable).

5. By inserting the words “for all employees” after the words “computing overtime” in clause 33.1(c).

6. By deleting clause 33.1(d) and inserting the following:

(d) When not less than 7.6 hours notice has been given to the employer by a relief shiftworker that the relief shiftworker will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on their rostered day off, the unrelieved shiftworker must be paid at the following rates:

(i) for a full-time or part-time shiftworker—200% of the minimum hourly rate (plus any all-purpose allowance payable),

(ii) for a casual shiftworker—250% of the minimum hourly rate (plus any all-purpose allowance payable).

7. By inserting the words “of the minimum hourly rate (plus any all-purpose allowance payable)” after the words “rate of 200%” in clause 33.3(c).

8. By renumbering clauses 33.4(a) to 33.4(e) as clauses 33.4(b) to 33.4(f).

9. By deleting the paragraph at the beginning of clause 33.4 and inserting a new clause 33.4(a) as follows:

(a) Subject to clauses 33.4(b) to 33.4(f), an employee recalled to work overtime after leaving the employer’s enterprise, whether notified before or after leaving the enterprise, must be paid for a minimum of four hours work at the following rates:

(i) for a full-time or part-time employee (other than a continuous shiftworker)—150% of the minimum hourly rate (plus any all-purpose allowance payable) for the first three hours and 200% of the minimum hourly rate (plus any all-purpose allowance payable) after three hours, or

(ii) for a casual employee (other than a continuous shiftworker)—187.5% of the minimum hourly rate (plus any all-purpose allowance payable) for the first three hours and 250% of the minimum hourly rate (plus any all-purpose allowance payable) after three hours, or

(iii) for a full-time or part-time continuous shiftworker—200% of the minimum hourly rate (plus any all-purpose allowance payable) for the full period, or

(iv) for a casual continuous shiftworker—250% of the minimum hourly rate (plus any all-purpose allowance payable) for the full period.

10. By deleting clause 33.6 and inserting the following:

33.6 Saturday work

(a) Subject to clause 33.6(b), a day worker required to work overtime on a Saturday must be afforded at least four hours work or be paid for four hours at the following rates:

(i) for a full-time or part-time employee—150% of the minimum hourly rate (plus any all-purpose allowance payable) for the first three hours and 200% of the minimum hourly rate (plus any all-purpose allowance payable) after three hours,

(ii) for a casual employee—187.5% of the minimum hourly rate (plus any all-purpose allowance payable) for the first three hours and 250% of the minimum hourly rate (plus any all-purpose allowance payable) after three hours.

(b) Clause 33.6(a) does not apply where the overtime is continuous with overtime commenced on the previous day.

11. By deleting clause 33.7 and inserting the following:

33.7 Sunday work

An employee required to work overtime on a Sunday must be paid for a minimum of three hours work at the following rates to be paid until the employee is relieved from duty:

(a) for a full-time or part-time employee—200% of the minimum hourly rate (plus any all-purpose allowance payable),

(b) for a casual employee—250% of the minimum hourly rate (plus any all-purpose allowance payable).

12. By deleting clause 33.8 and inserting the following:

33.8 Public holiday work

(a) A day worker required to work overtime on a public holiday must be paid for a minimum of three hours work at the following rates to be paid until the employee is relieved from duty:

(i) for a full-time or part-time employee—250% of the minimum hourly rate (plus any all-purpose allowance payable),

(ii) for a casual employee—312.5% of the minimum hourly rate (plus any all-purpose allowance payable).

(b) A continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of three hours work at the following rates:

(i) for a full-time or part-time employee—200% of the minimum hourly rate (plus any all-purpose allowance payable),

(ii) for a casual employee—250% of the minimum hourly rate (plus any all-purpose allowance payable).

(c) A non-continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of three hours work at the following rates to be paid until the employee is relieved from duty:

(i) for a full-time or part-time employee—250% of the minimum hourly rate (plus any all-purpose allowance payable),

(ii) for a casual employee—312.5% of the minimum hourly rate (plus any all-purpose allowance payable).

13. 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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