DETERMINATION

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

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

HAIR AND BEAUTY INDUSTRY AWARD 2010
[MA000005]

4 yearly review of modern awards – common issue – overtime for casuals – Hair and Beauty Industry Award 2010.

A. Further to the decision issued by the Full Bench of the Fair Work Commission on 17 December 2021 [[2021] FWCFB 6071], the above award is varied as follows:

1. By deleting clause 28.3 and inserting the following:

28.3 Maximum ordinary hours on a day

An employee may be rostered to work up to a maximum of nine ordinary hours on any day, except that an employee may be rostered to work one 10.5 ordinary hour day per week and by mutual agreement in writing, a second 10.5 ordinary hour day.

2. By deleting clause 31.2(a) and inserting the following:

(a) Overtime—full time and part-time employees

(i) Hours worked by full-time employees:

(A) in excess of the number of weekly ordinary hours of work prescribed in clause 28.2;

(B) outside the spread of ordinary hours prescribed in clause 28.2; or

(C) in excess of the maximum daily ordinary hours prescribed in clause 28.3.

are overtime hours and are to be paid at 150% of the ordinary hourly rate of pay for the first three hours and 200% of the ordinary hourly rate of pay after three hours.

(ii) Hours worked by part-time employees:

(A) in excess of the number of hours of work agreed in clause 12.2 or as varied in clause 12.3;

(B) outside the spread of ordinary hours prescribed in clause 28.2; or

(C) in excess of the maximum daily ordinary hours prescribed in clause 28.3.

are overtime hours and are to be paid at 150% of the ordinary hourly rate of pay for the first three hours and 200% of the ordinary hourly rate of pay after three hours.

3. By updating the cross-references accordingly.

B. This determination comes into operation on 31 January 2022. 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 31 January 2022.

VICE PRESIDENT

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