DETERMINATION

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

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

MARKET AND SOCIAL RESEARCH AWARD 2020
[MA000030]

4 yearly review of modern awards – common issue – overtime for casuals – Market and Social Research 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 11.3(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 inserting clause 11.3(c) as follows:

(c) The casual loading will not be paid for overtime hours worked.

3. By deleting clause 18.1 and inserting the following:

18.1 Overtime payments

(a) Overtime is all time worked in excess of the employee’s rostered ordinary hours of work.

(b) Overtime must be paid at 125% of the minimum hourly rate for each hour of overtime worked.

(c) The casual loading prescribed by clause 11.3(a)(ii) will not be paid for overtime hours worked.

4. 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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