DETERMINATION

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

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

NURSERY AWARD 2020
[MA000033]

4 yearly review of modern awards – common issue – overtime for casuals – Nursery 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 clauses 11.3(a)(i) and 11.3(a)(ii) 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 11.7.

3. By renumbering clauses 11.3(b) as clause 11.6.

4. By renumbering clause 11.3(a)(iii) as 11.3(b).

5. By renumbering clause 11.3(c) as clause 11.5.

6. 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 20.1.

7. By deleting clause 11.5 and inserting the following:

11.5 Minimum engagement

On each occasion a casual employee is required to attend for work, casual employees are entitled to a minimum payment of 3 hours’ work at the appropriate rate

8. By deleting clause 11.6 and inserting the following:

11.6 Payment for engagement

On each occasion a casual employee is required to attend for work, casual employees are entitled to a minimum payment of 3 hours’ work at the appropriate rate

9. By deleting the table appearing at clause 20.1 and inserting the following:

10. By inserting the following note as a paragraph at the end of clause 20.1:

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 20.1.

11. 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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