DETERMINATION

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

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

FUNERAL INDUSTRY AWARD 2020
[MA000105]

4 yearly review of modern awards – common issue – overtime for casuals – Funeral 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 inserting the word “ordinary” after the word “each” appearing in clause 11.2.

2. By renumbering clauses 11.3 to 11.5 as clauses 11.4 to 11.6 respectively.

3. By inserting a new clause 11.3 as follows:

11.3 When a casual employee works overtime, they must be paid the overtime rates in clauses 19.1(b), 20.6(b) and 20.7(b).

4. By deleting the words “an employee” appearing in clause 19.1(a) and inserting the words “a full-time or part-time employee”.

5. By deleting the word “thereafter” appearing in clause 19.1(a) and inserting the words “after the first 3 hours”.

6. By renumbering clauses 19.1(b) and 19.1(c) as clauses 19.1(c) and 19.1(d).

7. By inserting a new clause 19.1(b) as follows:

(b) For work performed outside the hours fixed as the times for starting and finishing work in clause 13.2, a casual employee will be paid 175% of the minimum hourly rate for the first 3 hours worked and 225% of the minimum hourly rate after the first 3 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rates for full-time and part-time employees prescribed by clause 19.1(a).

8. By inserting the words “full-time or part-time” before the word “shiftworker” in clause 20.6(a).

9. By deleting the word “thereafter” appearing in clause 20.6(a) and inserting the words “after the first 3 hours”.

10. By renumbering clauses 20.6(b) and 20.6(c) as clauses 20.6(c) and 20.6(d) respectively.

11. By inserting a new clause 20.6(b) as follows:

(b) All time worked in excess of, or outside the ordinary working hours in clause 20.2 by a casual shiftworker, or on a shift other than a rostered shift, will be paid at 195% of the minimum hourly rate for the first 3 hours and at 245% of the minimum hourly rate after the first 3 hours.

NOTE: The overtime rates for casual shiftworkers have been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rates for full-time and part-time shiftworkers prescribed by clause 20.6(a).

12. By inserting the words “full-time or part-time” before the word “shiftworker” in clause 20.7(a).

13. By deleting the word “thereafter” appearing in clause 20.7(a) and inserting the words “after the first 3 hours”.

14. By renumbering clauses 20.7(b) and 20.7(c) as clauses 20.7(c) and 20.7(d).

15. By inserting a new clause 20.7(b) as follows:

(b) All time worked in excess of, or outside the ordinary working hours in clause 20.2 by a casual shiftworker on a non-continuing afternoon shift, or on a shift other than a rostered shift, will be paid at 225% of the minimum hourly rate for the first 3 hours and at 275% after the first 3 hours.

NOTE: The overtime rates for casual shiftworkers have been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rates for full-time and part-time shiftworkers prescribed by clause 20.7(a).

16. 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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