MA000103  PR723980
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)

SUPPORTED EMPLOYMENT SERVICES AWARD 2020
[MA000103]

Social, community, home care and disability services

VICE PRESIDENT HATCHER
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT BULL

SYDNEY, 30 OCTOBER 2020

4 yearly review of modern awards – common issue – overtime for casuals – Supported Employment Services 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 the word “etc.” appearing in clause 11.3.

2. By renumbering clauses 11.6 and 11.7 as clauses 11.7 and 11.8.

3. 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 21.1.

4. By deleting clause 21.1 and inserting the following:

21.1 Subject to clause 21.6, all time worked outside the ordinary hours of work will be overtime and will be paid for:

 

Full-time and part-time employees

Casual employees

For overtime worked on

Overtime rate
% of ordinary hourly rate

    Monday to Saturday—first 2 hours

    150%

    175%

    Monday to Saturday—after 2 hours

    200%

    225%

    Saturday—after 12.00 pm (where not part of an employee’s ordinary shift)

    200%

    225%

    Sunday

    200%

    225%

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the overtime rates for full-time and part-time employees prescribed by clause 21.1.

5. 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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