DETERMINATION

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

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

HYDROCARBONS INDUSTRY (UPSTREAM) AWARD 2020
[MA000062]

4 yearly review of modern awards – common issue – overtime for casuals – Hydrocarbons Industry (Upstream) 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:

11.3 Casual loading

(a) For each ordinary hour worked, a casual employee must be paid no less than:

(i) the ordinary hourly rate for the classification in which they are employed in clause 16—Minimum rates; and

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

2. By renumbering clauses 11.4 and 11.5 as clauses 11.5 and 11.6.

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 23.3.

4. By inserting the words “full-time and part-time employees—” before the word “other” in the heading of clause 23.2.

5. By deleting clause 23.2(a) and inserting the following:

(a) Monday to Saturday

An employee will be paid for overtime worked on Monday to Saturday, except where provided otherwise in clause 23.2, at the rate of:

(i) 150% of the ordinary hourly rate for the first 2 hours; and

(ii) 200% of the ordinary hourly rate after 2 hours.

6. By renumbering clauses 23.3 to 23.7 to 23.4 to 23.8.

7. By inserting a new clause 23.3 as follows:

23.3 Payment for working overtime—casual employees—other than continuous shiftworkers

(a) Monday to Saturday

An employee will be paid for overtime worked on Monday to Saturday, except where provided otherwise in clause 23.3, at the rate of:

(i) 175% of the ordinary hourly rate for the first 2 hours; and

(ii) 225% of the ordinary hourly rate after 2 hours.

(b) Sunday

An employee will be paid 225% of the ordinary hourly rate for overtime worked at any time on a Sunday.

(c) Public holiday

An employee will be paid 275% of the ordinary hourly rate for overtime worked on a public holiday.

(d) Recall

An employee recalled to work overtime after leaving the employer’s premises (whether notified before or after leaving the premises) will be engaged to work for a minimum of 4 hours or will be paid for a minimum of 4 hours’ work at the applicable overtime rate in circumstances where the employee is engaged for a lesser period.

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 23.2.

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

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