DETERMINATION

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

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

LEGAL SERVICES AWARD 2020
[MA000116]

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

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

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

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

2. By renumbering clauses 11.3 and 11.4 as clauses 11.4 and 11.5.

3. By inserting a new clause 11.3 as follows:

11.3 Payment for working overtime

When a casual employee works overtime, they must be paid the overtime rates in clause 20.2.

4. By deleting clause 20.2(a) and inserting the following:

20.2 Overtime rates

(a) Day workers and non-continuous shiftworkers

(b) Continuous shiftworkers

(i) For full-time and part-time continuous shiftworkers the rate for working overtime is 200% of the minimum hourly rate.

(ii) For casual continuous shiftworkers the rate for working overtime is 225% 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(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clauses 20.2(a) and 20.2(b)(i).

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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