DETERMINATION

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

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

MARINE TOURISM AND CHARTER VESSELS AWARD 2020
[MA000093]

4 yearly review of modern awards – common issue – overtime for casuals – Marine Tourism and Charter Vessels 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 “and” appearing at the end of clause 11.3(b).

2. By deleting the full stop at the end of clause 11.3(c) and inserting the words “; and”.

3. By inserting clause 11.3(d) as follows:

(d) must be paid the overtime rates prescribed by clause 19.2.

4. By deleting the word “and” appearing at the end of clause 11.4(c).

5. By deleting the full stop at the end of clause 11.4(d) and inserting the words “; and”.

6. By inserting clause 11.4(e) as follows:

(e) must be paid the overtime rates prescribed by clause 19.1.

7. By deleting clause 19.1 and inserting the following:

19.1 Non-overnight Charter Employees

(a) Overtime must be paid for all time worked by Non-overnight Charter Employees in excess of:

(i) 12 hours per day;

(ii) outside the span of ordinary hours; or

(iii) the average ordinary hours per week as per clause 13.2(a).

(b) A full-time or part-time employee must be paid overtime at 150% of the employee’s minimum rate for the first 2 hours and 200% after 2 hours, calculated hourly.

(c) A casual employee must be paid overtime at 187.5% of the employee’s minimum rate for the first 2 hours and 250% of the minimum rate after 2 hours, calculated hourly.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.4(d) to the employee’s minimum rate before applying the overtime rates for full-time and part-time employees prescribed by clause 19.1(b).

8. By deleting clause 19.2 and inserting the following:

19.2 Overnight Charter Employees

(a) Overtime must be paid for all time worked by Overnight Charter Employees in excess of:

(i) 12 hours per day;

(ii) 20 days in a 28 day cycle, or

(iii) the average ordinary hours as per clause 13.3(a).

(b) A full-time or part-time employee must be paid overtime at 150% of the employee’s minimum rate for the first 2 hours and 200% of the minimum rate after 2 hours, calculated hourly.

(c) A casual employee must be paid overtime at 187.5% of the employee’s minimum rate for the first 2 hours and 250% of the minimum rate after 2 hours, calculated hourly,

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(c) to the employee’s minimum rate before applying the overtime rates for full-time and part-time employees prescribed by clause 19.2(b).

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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