MA000026  PR723907 [Note: a correction has been issued to this document]
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)

GRAPHIC ARTS, PRINTING AND PUBLISHING AWARD 2010
[MA000026]

Graphic Arts

VICE PRESIDENT HATCHER
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT BULL

SYDNEY, 30 OCTOBER 2020

4 yearly review of modern awards – common issue – overtime for casuals – Graphic Arts, Printing and Publishing 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 12.4(b) and 12.4(c) as clauses 12.4(c) and 12.4(d).

2. By inserting a new clause 12.4(b) as follows:

(b) When a casual employee works overtime, they must be paid the overtime rates in clauses 33.2(b), 33.3(a)(ii), 33.7(b) and 33.8(a)(ii).

3. By deleting clause 33.2 and inserting the following:

33.2 Payment for overtime

All duty performed by an employee in excess of or outside the hours mentioned in clause 30—Ordinary hours of work and rostering and clause 31—Special provisions for shiftwork employees of this award, as the case may be, or in excess of the employee’s ordinary hours, will be overtime and will be paid at the following rates:

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

(b) for a casual employee—150% of the casual hourly rate prescribed by clause 12.4(a) (plus any all-purpose allowance payable) for the first three hours and 200% of the casual hourly rate prescribed by clause 12.4(a) (plus any all-purpose allowance payable) after three hours.

NOTE: The casual hourly rate includes the casual loading prescribed by clause 12.4(a).

4. By deleting clause 33.3(a) and inserting the following:

(a) Except as otherwise provided, all overtime work done on a Saturday or a Sunday will be paid for as follows:

NOTE: The casual hourly rate includes the casual loading prescribed by clause 12.4(a).

5. By deleting clause 33.3(b) and inserting the following:

(b) A weekly employee who has been notified that the employee will be required to work overtime on a Saturday (not being work which is continuous with work which commenced on a Friday) or on a Sunday and so reports for work and is ready, willing and able to perform such work will be provided on a Saturday with at least two hours’ work or at least two hours’ pay at 200% of the hourly rate (plus any all-purpose allowance payable) or on a Sunday with at least four hours’ work or at least four hours’ pay at 200% of the hourly rate (plus any all-purpose allowance payable).

6. By deleting clause 33.4 and inserting the following:

33.4 Work on a rostered day off

Work on a rostered day off is overtime and is paid at 150% of the hourly rate (plus any all-purpose allowance payable) for the first three hours and 200% of the hourly rate (plus any all-purpose allowance payable) after three hours.

7. By deleting clause 33.7 and inserting the following:

33.7 Ten hour break

An employee who has worked overtime will be informed that they are entitled to and be granted a break of at least 10 hours between the time of finishing work and the time when they next commence work, and no deductions will be made from their pay because of any time lost by reason of such break. Where the employee is required to work before they have completed the break of 10 hours they will be paid at the following rate for all time worked until they have had a break of at least 10 hours:

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

(b) for a casual employee—200% of the casual hourly rate prescribed by clause 12.4(a) (plus any all-purpose allowance payable).

NOTE: The casual hourly rate includes the casual loading prescribed by clause 12.4(a).

8. 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

Printed by authority of the Commonwealth Government Printer