DETERMINATION

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

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

WINE INDUSTRY AWARD 2020
[MA000090]

4 yearly review of modern awards – common issue – overtime for casuals – Wine Industry 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 22.1(d) and inserting the following:

(d) The overtime rates for a casual employee must be applied to the minimum hourly rate in clause 15—Minimum rates for the work being performed. The casual loading of 25% must also be paid for overtime worked on a Sunday or public holiday. The casual loading is otherwise not payable on overtime.

2. By deleting clause 22.2(b) and inserting the following:

(b) Sunday work

(i) A full-time or part-time employee required to work overtime on a Sunday must be paid at 200% of the minimum hourly rate until the completion of the overtime.

(ii) A casual employee required to work overtime on a Sunday must be paid at 225% of the minimum hourly rate until the completion of the overtime.

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rates for full-time and part-time employees prescribed by clause 22.2(b)(i).

3. By deleting clause 22.2(c) and inserting the following:

(c) Public holiday work

(i) A full-time or part-time employee required to work overtime on a public holiday must be paid for a minimum of 4 hours’ work at 250% of the minimum hourly rate until the completion of the overtime.

(ii) A casual employee required to work overtime on a public holiday must be paid for a minimum of 4 hours’ work at 275% of the minimum hourly rate until the completion of the overtime.

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rates for full-time and part-time employees prescribed by clause 22.2(c)(i).

4. By deleting clause 22.3(b)(i) and inserting the following:

(i) the employee must be paid at 200% of the minimum hourly rate for a full-time, part-time or casual employee, or at 225% of the minimum hourly rate for a casual employee working on a Sunday or a public holiday, until the employee is released from duty;

5. By inserting the following NOTE as a paragraph at the end of clause 22.3(b)(iii):

NOTE: The overtime rate for casual employees working on a Sunday or a public holiday has been calculated by adding the casual loading prescribed by clause 11.2(b) to the overtime rates for full-time, part-time and casual employees prescribed by clause 22.3(b)(i).

6. 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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