DETERMINATION

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

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

SALT INDUSTRY AWARD 2010
[MA000107]

4 yearly review of modern awards – common issue – overtime for casuals – Salt Industry 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 inserting the word “ordinary” before the word “hour” in clause 10.3(b).

2. By inserting clause 10.3(d) as follows:

(d) A casual employee must be paid the overtime payments prescribed by clauses 23.1(b) and 23.2(b) and the penalties prescribed by clauses 23.7(c), 23.7(d), 23.8(b) and 23.9(b).

3. By deleting the words “an employee” appearing in the opening sentence of clause 23.1(a) and inserting “a full-time or part-time employee”.

4. By deleting the word “thereafter” appearing in clause 23.1(a)(i) and inserting “after two hours”.

5. By renumbering clause 23.1(b) as clause 23.1(c).

6. By inserting a new clause 23.1(b) as follows:

(b) Except where provided otherwise in this clause, a casual employee (other than a continuous shiftworker) will be paid the following additional payments for all work done in addition to their ordinary hours:

(i) 75% of the ordinary hourly base rate of pay for the first two hours and 125% of the ordinary hourly base rate of pay after two hours, for overtime worked from Monday until Saturday;

(ii) 125% of the ordinary hourly base rate of pay for any overtime worked on a Sunday; and

(iii) 175% of the ordinary hourly base rate of pay for overtime worked on a public holiday.

NOTE: The additional payments for overtime for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(b) to the additional payments for overtime for full-time and part-time employees prescribed by clause 23.1(a).

7. By deleting clause 23.2 and inserting the following:

23.2 Overtime payments—continuous shiftworkers

(a) A full-time or part-time continuous shiftworker will be paid an additional payment for all work done in addition to ordinary hours of 100% of the ordinary hourly base rate of pay.

(b) A casual continuous shiftworker will be paid an additional payment for all work done in addition to ordinary hours of 125% of the ordinary hourly base rate of pay.

NOTE: The additional payment for overtime for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(b) to the additional payment for overtime for full-time and part-time employees prescribed by clause 23.2(a).

8. By inserting the words “prescribed by clause 23” after the words “loadings or penalty rates” in clause 23.3(b).

9. By deleting clause 23.7 and inserting the following:

23.7 Shiftwork penalties

(a) A full-time or part-time shiftworker whilst on afternoon or night shift must be paid a loading of 15% of the ordinary hourly base rate of pay.

(b) A full-time or part-time shiftworker on permanent night shift must be paid a loading of 30% of the ordinary hourly base rate of pay.

(c) A casual shiftworker whilst on afternoon or night shift must be paid a loading of 40% of the ordinary hourly base rate of pay.

(d) A casual shiftworker on permanent night shift must be paid a loading of 55% of the ordinary hourly base rate of pay.

NOTE: The shiftwork penalties for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(b) to the shiftwork penalties for full-time and part-time employees prescribed by clause s 23.7(a) and (b).

10. By deleting clause 23.8 and inserting the following:

23.8 Weekend work

(a) A full-time or part-time shiftworker must be paid the following loadings for ordinary hours worked on a Saturday or Sunday:

(i) 50% of the ordinary hourly base rate of pay for ordinary hours worked on a Saturday; and

(ii) 100% of the ordinary hourly base rate of pay for ordinary hours worked on a Sunday.

(b) A casual shiftworker must be paid the following loadings for ordinary hours worked on a Saturday or Sunday:

(i) 75% of the ordinary hourly base rate of pay for ordinary hours worked on a Saturday; and

(ii) 125% of the ordinary hourly base rate of pay for ordinary hours worked on a Sunday.

NOTE: The weekend loadings for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(b) to the weekend loadings for full-time and part-time employees prescribed by clause 23.8(a).

11. By deleting clause 23.9 and inserting the following:

23.9 Public holidays

(a) A full-time or part-time shiftworker must be paid a loading of 100% of the ordinary hourly base rate of pay for any ordinary hours worked on a public holiday.

(b) A casual shiftworker must be paid a loading of 125% of the ordinary hourly base rate of pay for any ordinary hours worked on a public holiday.

NOTE: The public holiday penalty for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(b) to the public holiday penalty for full-time and part-time employees prescribed by clause 23.9(a).

12. 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