DETERMINATION

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

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

HORSE AND GREYHOUND TRAINING AWARD 2020
[MA000008]

4 yearly review of modern awards – common issue – overtime for casuals – Horse and Greyhound Training 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 10.5(a) and inserting the following:

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

(i) the appropriate minimum hourly rate (see clause 13—Classifications and minimum rates); and

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

2. By renumbering clause 10.6 as clause 10.7.

3. By inserting a new clause 10.6 as follows:

10.6 Payment for working overtime

When a casual employee works overtime, they must be paid the overtime rates in clause 17.2.

4. By deleting clause 17.1 and inserting the following:

17.1 Overtime rates—full-time and part-time employees

(a) A full-time or part-time employee must be paid for all work performed in excess of or outside the ordinary hours prescribed in clause 11—Ordinary hours of work and rostering arrangements, at 150% of the relevant minimum hourly rate for the first 3 hours and at 200% for the rest of the overtime.

(b) A full-time or part-time employee required to work on a Sunday must be paid for all such work at 200% of the relevant minimum hourly rate for a minimum of 3 hours.

5. By deleting clause 17.2 and inserting the following:

17.2 Overtime rates—casual employees

(a) A casual employee must be paid for all work performed in excess of or outside the ordinary hours prescribed by clause 11—Ordinary hours of work and rostering arrangements at 150% of the casual hourly rate for the first 3 hours and at 200% of the casual hourly rate for the rest of the overtime.

(b) A casual employee required to work on a Sunday must be paid for all such work at 200% of the casual hourly rate for a minimum of 3 hours.

NOTE: The casual hourly rate includes the casual loading prescribed by clause 10.5(a)(ii), as defined in clause 2—Definitions.

6. By inserting the heading “Overtime rates—stand by” at clause 17.3.

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

Printed by authority of the Commonwealth Government Printer