MA000068  PR723966
FAIR WORK COMMISSION

DETERMINATION


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

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

SEAFOOD PROCESSING AWARD 2020
[MA000068]

Seafood processing

VICE PRESIDENT HATCHER
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT BULL

SYDNEY, 30 OCTOBER 2020

4 yearly review of modern awards – common issue – overtime for casuals – Seafood Processing 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 11.2(a) and inserting the following:

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

2. By renumbering clauses 11.3 to 11.5 as clauses 11.4 to 11.6.

3. By inserting a new clause 11.3 as follows:

11.3 When a casual employee works overtime, they must be paid the overtime rates in clauses 19.1(b), 19.1(e), 19.4(b), 19.5(b), 19.6(b), 19.6(d) and 19.6(f).

4. By deleting clause 19.1(a) and inserting the following:

(a) Full-time and part-time employees

Except as provided for in clauses 19.1(e), 19.5 and 19.6, all time worked outside of ordinary hours on any day or shift, will be paid at the following overtime rates:

5. By renumbering clauses 19.1(b) to 19.1(e) as clauses 19.1(c) to 19.1(f).

6. By inserting a new clause 19.1(b) as follows:

(b) Casual employees

Except as provided for in clauses 19.1(e), 19.5 and 19.6, all time worked outside of ordinary hours on any day or shift, will be paid at the following overtime rates:

NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.2(a)(ii).

7. By deleting the sentence appearing at the beginning of clause 19.1(e) and inserting the following:

(e) An unrelieved full-time or part-time shiftworker must be paid at the rate of 200% of the minimum hourly rate and an unrelieved casual shiftworker must be paid at the rate of 200% of the casual hourly rate prescribed by clause 11.2 when:

8. By inserting the following note as a new paragraph at the end of clause 19.1(e):

NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.2(a)(ii).

9. By renumbering the paragraph in clause 19.4 as clause 19.4(a).

10. By inserting the words “full-time or part-time” before the words “day worker” appearing in clause 19.4(a).

11. By deleting the word “thereafter” appearing in clause 19.4(a) and inserting “after 3 hours”.

12. By inserting clause 19.4(b) as follows:

(b) A casual day worker required to work overtime on a Saturday must be paid for a minimum of 3 hours’ work at the rate of 150% of the casual hourly rate prescribed by clause 11.2 for the first 3 hours and 200% of the casual hourly rate prescribed by clause 11.2 after 3 hours, except where the overtime is continuous with overtime commenced on the previous day.

NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.2(a)(ii).

13. By renumbering the paragraph in clause 19.5 as clause 19.5(a).

14. By deleting the words “An employee” appearing in clause 19.5(a) and inserting “A full-time or part-time employee”.

15. By inserting clause 19.5(b) as follows:

(b) A casual employee required to work overtime on a Sunday must be paid for a minimum of 3 hours’ work at the rate of 200% of the casual hourly rate prescribed by clause 11.2. The 200% is to be paid until the employee is relieved from duty.

NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.2(a)(ii).

16. By inserting the words “full-time or part-time” before the words “day worker” appearing in clause 19.6(a).

17. By renumbering clause 19.6(c) as clause 19.6(e).

18. By renumbering clause 19.6(b) as clause 19.6(c).

19. By inserting a new clause 19.6(b) as follows:

(b) A casual day worker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250% of the casual hourly rate prescribed by clause 11.2. The 250% is to be paid until the employee is relieved from duty.

NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.2(a)(ii).

20. By inserting the words “full-time or part-time” before the words “continuous shiftworker” appearing in clause 19.6(c).

21. By inserting clause 19.6(d) as follows:

(d) A casual continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 200% of the casual hourly rate prescribed by clause 11.2.

NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.2(a)(ii).

22. By inserting clause 19.6(f) as follows:

(f) A casual non-continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250% of the casual hourly rate prescribed by clause 11.2. The 250% is to be paid until the employee is relieved from duty.

NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.2(a)(ii).

23. 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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