DETERMINATION

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

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

PEST CONTROL INDUSTRY AWARD 2020
[MA000097]

4 yearly review of modern awards – common issue – overtime for casuals – Pest Control Industry 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 renumbering clauses 11.6 and 11.7 as clauses 11.7 and 11.8.

2. By inserting a new clause 11.6 as follows:

11.6 When a casual employee works overtime, they must be paid the overtime rates in clause 20.2.

3. By deleting clause 20.1 and inserting the following:

20.1 All time worked by a full-time or part-time employee in excess of, or outside the ordinary hours of work will be paid for at 150% of the minimum hourly rate for the first 2 hours and at 200% of the minimum hourly rate after 2 hours.

4. By renumbering clauses 20.2 to 20.8 as clauses 20.3 to 20.9.

5. By inserting a new clause 20.2 as follows:

20.2 All time worked by a casual employee in excess of, or outside the ordinary hours of work will be paid for at 175% of the minimum hourly rate for the first 2 hours and at 225% of the minimum hourly rate after 2 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.4 to the overtime rates for full-time and part-time employees prescribed by clause 20.1.

6. 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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