DETERMINATION

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

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

GARDENING AND LANDSCAPING SERVICES AWARD 2020
[MA000101]

4 yearly review of modern awards – common issue – overtime for casuals – Gardening and Landscaping Services 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 11.3(a) and inserting the following:

(a) For each ordinary hour worked, a casual employee must be paid at least:

(i) the ordinary hourly rate for the classification in which they are employed; and

(ii) a loading of 25% of the ordinary hourly rate.

2. By renumbering clause 11.4 as clause 11.5.

3. By inserting a new clause 11.4 as follows:

11.4 Payment for working overtime

When a casual employee works overtime, they must be paid the overtime rates in clause 19.2.

4. By renaming clause 19.1 as “Payment for working overtime—full-time and part-time employees”.

5. By renumbering clauses 19.2 to 19.6 as clauses 19.3 to 19.7.

6. By inserting a new clause 19.2 as follows:

19.2 Payment for working overtime—casual employees

All time worked in excess of 38 ordinary hours in a week or outside the spread of hours set out in clause 13—Ordinary hours of work and rostering, or in excess of 10 hours per day, will be paid for at 175% of the ordinary hourly rate for the first 2 hours and at 225% of the ordinary hourly rate after that.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 19.1.

7. 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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