DETERMINATION

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

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

SURVEYING AWARD 2020
[MA000066]

4 yearly review of modern awards – common issue – overtime for casuals – Surveying 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 11.3 and 11.4 as clauses 11.4 and 11.5.

2. 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 21.2 and 21.4(b).

3. By deleting the words “an employee” appearing in clause 21.1 and inserting “a full-time or part-time employee”.

4. By renumbering clauses 21.2 to 21.7 as clauses 21.3 to 21.8.

5. By inserting a new clause 21.2 as follows:

21.2 An employer must pay a casual employee for all authorised time worked in excess of or outside the spread of ordinary hours of duty at the rate of 187.5% of the minimum hourly rate for the first 3 hours and 250% of the minimum hourly rate after 3 hours.

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

6. By deleting the words “an employee” appearing in clause 21.4(a) and inserting “a full-time or part-time employee”.

7. By renumbering clause 21.4(b) as clause 21.4(c).

8. By inserting a new clause 21.4(b) as follows:

(b) A casual employee must be paid the following rates for work done on Sundays and public holidays, until the employee is relieved from duty:

(i) Sunday—250% of the minimum hourly rate;

(ii) Public holidays (as defined in this award)—312.5% of the minimum hourly rate.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 21.4(a).

9. 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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