DETERMINATION

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

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

STORAGE SERVICES AND WHOLESALE AWARD 2020
[MA000084]

4 yearly review of modern awards – common issue – overtime for casuals – Storage Services and Wholesale 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 and inserting the following:

11.3 Casual loading

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

(a) the minimum hourly rate for the classification in which they are employed; and

(b) a loading of 25% of the minimum hourly rate.

2. By renumbering clause 11.4 as clause 11.5.

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 21.1(d).

4. By deleting clause 21.1(b) and inserting the following:

(b) Overtime for full-time and part-time employees will be paid at the rate of 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours.

5. By inserting clause 21.1(d) as follows:

(d) Overtime for casual employees will be paid at the rate of 175% of the minimum hourly rate for the first 2 hours and 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 11.3(b) to the overtime rates for full-time and part-time employees prescribed by clause 21.1(b).

6. By deleting clause 21.4(c) and inserting the following:

(c) If, on the instructions of the employer, an employee resumes work or continues work without having had 10 consecutive hours off duty, a full-time and part-time employee will be paid 200% of the minimum hourly rate, and a casual employee will be paid 225% of the minimum hourly rate, until released from duty and will then be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

NOTE: The overtime rate for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(b) to the overtime rate for full-time and part-time employees prescribed by clause 21.4(c).

7. 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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