MA000099 PR741705

FAIR WORK COMMISSION

DETERMINATION

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

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

LABOUR MARKET ASSISTANCE INDUSTRY AWARD 2020
[MA000099]

Health and welfare services
VICE PRESIDENT HATCHER	SYDNEY, 17 MAY 2022

4 yearly review of modern awards – common issue – overtime for casuals – Labour Market Assistance Industry Award 2020.

A. Further to the decision issued by the Fair Work Commission on 17 May 2022 [[2022] FWC 1202], the above award is varied as follows:

1. By deleting clause 21.2(c) and inserting the following:

(c) Public holidays

An employee who, with the approval of the employer, works on a public holiday will be paid 250% of the minimum hourly rate for all hours worked.

2. By deleting clause 21.3(c) and inserting the following:

(c) Public holidays

An employee who, with the approval of the employer, works on a public holiday will be paid 312.5% of the minimum hourly rate for all hours worked.

3. By deleting the note appearing at the end of clause 21.3 and inserting the following:

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(b) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 21.2.

4. By deleting clause 29.2 and inserting the following:

29.2 Payment for working on a public holiday

(a) For full-time and part-time employees, payment for working on a public holiday is provided for in clause 21.2(c).

(b) For casual employees, payment for working on a public holiday is provided for in clause 21.3(c).

5. By deleting clause B.1.2 and inserting the following:

B.1.2 Full-time and part-time employees—overtime rates

	Monday to Saturday		Sunday	Public holiday
	First 2 hours	After 2 hours
	% of minimum hourly rate
	150%	200%	200%	250%
	$	$	$	$
Administrative assistant
Pay point 1	34.53	46.04	46.04	57.55
Pay point 2	35.12	46.82	46.82	58.53
Pay point 3	36.39	48.52	48.52	60.65
Pay point 4	37.55	50.06	50.06	62.58
Administrative officer
Pay point 1	39.77	53.02	53.02	66.28
Pay point 2	40.65	54.20	54.20	67.75
Pay point 3	41.54	55.38	55.38	69.23
Pay point 4	42.69	56.92	56.92	71.15
Employment services officer grade 1
Pay point 1	38.60	51.46	51.46	64.33
Pay point 2	39.77	53.02	53.02	66.28
Pay point 3	40.65	54.20	54.20	67.75
Employment services officer grade 2
Pay point 1	41.54	55.38	55.38	69.23
Pay point 2	42.69	56.92	56.92	71.15
Pay point 3	43.85	58.46	58.46	73.08
Pay point 4	45.00	60.00	60.00	75.00
Pay point 5	46.07	61.42	61.42	76.78
Employment services co-ordinator
Pay point 1	46.07	61.42	61.42	76.78
Pay point 2	47.22	62.96	62.96	78.70
Pay point 3	48.29	64.38	64.38	80.48
Pay point 4	49.44	65.92	65.92	82.40
Manager grade 1
Pay point 1	46.07	61.42	61.42	76.78
Pay point 2	47.22	62.96	62.96	78.70
Pay point 3	48.29	64.38	64.38	80.48
Pay point 4	49.44	65.92	65.92	82.40
Pay point 5	50.60	67.46	67.46	84.33
Pay point 6	51.77	69.02	69.02	86.28
Manager grade 2
Pay point 1	52.92	70.56	70.56	88.20
Pay point 2	54.08	72.10	72.10	90.13
Pay point 3	55.25	73.66	73.66	92.08
Pay point 4	56.39	75.18	75.18	93.98
Pay point 5	57.56	76.74	76.74	95.93

6. By deleting clause B.2.1 and inserting the following:

B.2.1 Casual and sessional employees—ordinary and penalty rates

	Ordinary hours	Late work¹	Early work²	Saturday	Sunday	Public holiday
	% of minimum hourly rate
	125%	145%	160%	200%	225%	312.5%
	$	$	$	$	$	$
Administrative assistant
Pay point 1	28.78	33.38	36.83	46.04	51.80	71.94
Pay point 2	29.26	33.94	37.46	46.82	52.67	73.16
Pay point 3	30.33	35.18	38.82	48.52	54.59	75.81
Pay point 4	31.29	36.29	40.05	50.06	56.32	78.22
Administrative officer
Pay point 1	33.14	38.44	42.42	53.02	59.65	82.84
Pay point 2	33.88	39.30	43.36	54.20	60.98	84.69
Pay point 3	34.61	40.15	44.30	55.38	62.30	86.53
Pay point 4	35.58	41.27	45.54	56.92	64.04	88.94
Employment services officer grade 1
Pay point 1	32.16	37.31	41.17	51.46	57.89	80.41
Pay point 2	33.14	38.44	42.42	53.02	59.65	82.84
Pay point 3³	33.88	39.30	43.36	54.20	60.98	84.69
Employment services officer grade 2
Pay point 1	34.61	40.15	44.30	55.38	62.30	86.53
Pay point 2	35.58	41.27	45.54	56.92	64.04	88.94
Pay point 3	36.54	42.38	46.77	58.46	65.77	91.34
Pay point 4	37.50	43.50	48.00	60.00	67.50	93.75
Pay point 5	38.39	44.53	49.14	61.42	69.10	95.97
Employment services co-ordinator
Pay point 1	38.39	44.53	49.14	61.42	69.10	95.97
Pay point 2	39.35	45.65	50.37	62.96	70.83	98.38
Pay point 3	40.24	46.68	51.50	64.38	72.43	100.59
Pay point 4	41.20	47.79	52.74	65.92	74.16	103.00
Manager grade 1
Pay point 1	38.39	44.53	49.14	61.42	69.10	95.97
Pay point 2	39.35	45.65	50.37	62.96	70.83	98.38
Pay point 3	40.24	46.68	51.50	64.38	72.43	100.59
Pay point 4	41.20	47.79	52.74	65.92	74.16	103.00
Pay point 5	42.16	48.91	53.97	67.46	75.89	105.41
Pay point 6	43.14	50.04	55.22	69.02	77.65	107.84
Manager grade 2
Pay point 1	44.10	51.16	56.45	70.56	79.38	110.25
Pay point 2	45.06	52.27	57.68	72.10	81.11	112.66
Pay point 3	46.04	53.40	58.93	73.66	82.87	115.09
Pay point 4	46.99	54.51	60.14	75.18	84.58	117.47
Pay point 5	47.96	55.64	61.39	76.74	86.33	119.91

¹Late work means work performed between 8.00 pm and midnight Monday to Friday inclusive.

²Early work means work performed between the hours of midnight and 6.00 am from Sunday to Friday inclusive.

³A sessional employee will be at Employment services officer grade 1 Pay point 3.

B. This determination comes into operation on 23 May 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 23 May 2022.

al of the Fair Work Commission with the memeber's signature.

VICE PRESIDENT

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