There is significant policy momentum in Australia to reduce reliance on fossil fuels for energy production, with most States and Territories committing to emission-reduction targets.
As part of the 4 Yearly Review of Modern Awards, the Fair Work Commission (Commission) has, amongst other things, been considering the question of overtime entitlements for casual employees covered by various modern awards.
On 30 October 2020, the Commission published their final decision (4 Yearly Review of Modern Awards - Overtime for Casuals (Vice President Hatcher, Vice President Catanzariti and Commissioner Bull )[AM2017/51][Decision]).
In their Decision, the Commission determined to vary some 96 modern awards, including the Clerks - Private Sector Award 2020 (Clerks Award), the Manufacturing and Associated Industries and Occupations Award 2010 (Manufacturing Award) and the Plumbing and Fire Sprinklers Award 2010 (Plumbing Award).
The overall effect of the Commission Decision is that a casual employee covered by either the Clerks Award, Manufacturing Award and / or the Plumbers Award would have the casual loading included in the calculations for overtime. So, in other words, the casual loading is not considered a separate component it is considered an integral component in the calculations for overtime.
A copy of the Determination issued by the Commission that varied the Clerks Award can be accessed here.
A copy of the Determination issued by the Commission that varied the Manufacturing Award can be accessed here.
A copy of the Determination issued by the Commission that varied the Plumbing Award can be accessed here.
Should there be any questions please contact Phil Eberhard on mobile 0425 790 722 or on email [email protected].