| [2017] FWCFB 6417 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards
(AM2017/51)
VICE PRESIDENT HATCHER |
|
4 yearly review of modern awards - overtime for casuals.
[1] Following a decision by the Group 3 Full Bench, the substantive matters of overtime entitlements for casuals in the Sporting Organisations Award 2010 and Fitness Industry Award 2010 were referred to this separately constituted Full Bench for consideration.
[2] The issue of overtime for casuals has been identified as an outstanding item in a number of other modern awards through the award stage of the review. These modern awards will therefore be considered by this Full Bench along with the Sporting Organisations Award 2010 and Fitness Industry Award 2010.
[3] The Fair Work Ombudsman issued a research paper in 2014 concerning the expression of rates of pay, overtime and penalty rates in modern awards. This paper included a table identifying those awards where casual employees’ entitlement to overtime and the interaction between the casual loading and overtime rates were or were not clearly stated. 1
[4] Subsequently, the Commission’s research area has identified awards in which there is potential ambiguity as to when casual employees’ overtime entitlements arise - for example, for hours worked outside the span of hours in the relevant award, or for hours worked in excess of 38 hours per week.
[5] The information identified in paragraphs [3] and [4] has been compiled into a table, which is provided at Attachment A.
[6] Interested parties are invited to provide any written response concerning the accuracy of the list of awards in Attachment A by 4.00 pm on Monday 11 December 2017. Any such response should be sent to amod@fwc.gov.au.
[7] Further, any interested party that seeks a variation to any of the modern awards identified in Attachment A in respect of overtime entitlements for casual employees should lodge a draft determination setting out the variation sought on or before 4.00 pm on Monday 18 December. Any such draft determination may be lodged by email at amod@fwc.gov.au.
[8] A Notice of Listing for a directions hearing concerning the identified modern awards will be issued subsequently.
VICE PRESIDENT
List of awards that may contain ambiguity about if, when and at what rate casuals may be entitled to overtime
Award title |
MA Code |
Unclear whether overtime is payable to casuals |
Unclear when overtime commences |
Unclear at what rate overtime is payable |
ABORIGINAL COMMUNITY CONTROLLED HEALTH SERVICES AWARD 2010 |
✔ |
✔ |
✔ | |
Aged Care Award 2010 |
✔ | |||
Aircraft Cabin Crew Award 2010 |
✔ |
✔ |
✔ | |
Airline Operations-Ground Staff Award 2010 |
✔ |
✔ |
✔ | |
Airport Employees Award 2010 |
✔ |
✔ |
✔ | |
Alpine Resorts Award 2010 |
✔ |
|||
Aluminium Industry Award 2010 |
✔ |
✔ | ||
Ambulance and Patient Transport Industry Award 2010 |
✔ |
✔ |
✔ | |
Amusement, Events and Recreation Award 2010 |
✔ |
✔ |
✔ | |
Animal Care and Veterinary Services Award 2010 |
✔ |
✔ |
✔ | |
Architects Award 2010 |
✔ |
✔ |
✔ | |
Asphalt Industry Award 2010 |
✔ |
✔ |
✔ | |
Banking, Finance and Insurance Award 2010 |
✔ |
✔ |
✔ | |
Black Coal Mining Industry Award 2010 |
✔ |
✔ |
✔ | |
Broadcasting, Recorded Entertainment and Cinemas Award 2010 |
✔ |
✔ |
✔ | |
Building and Construction General On-site Award 2010 |
✔ |
|||
Business Equipment Award 2010 |
✔ |
✔ |
✔ | |
Car Parking Award 2010 |
✔ | |||
Cement and Lime Award 2010 |
✔ |
✔ |
✔ | |
Cemetery Industry Award 2010 |
✔ |
✔ |
✔ | |
Children’s Services Award 2010 |
✔ | |||
Cleaning Services Award 2010 |
✔ |
|||
Clerks - Private Sector Award 2010 |
✔ |
✔ |
✔ | |
Coal Export Terminals Award 2010 |
✔ |
✔ |
✔ | |
Commercial Sales Award 2010 |
✔ |
✔ |
✔ | |
Concrete Products Award 2010 |
✔ |
✔ |
✔ | |
Contract Call Centres Award 2010 |
✔ |
✔ |
✔ | |
Corrections and Detention (Private Sector) Award 2010 |
✔ |
|||
Cotton Ginning Award 2010 |
✔ |
✔ |
✔ | |
Dredging Industry Award 2010 |
✔ |
✔ |
✔ | |
Dry Cleaning and Laundry Industry Award 2010 |
✔ | |||
Educational Services (Post-Secondary Education) Award 2010 |
✔ |
✔ |
✔ | |
Educational Services (Schools) General Staff Award 2010 |
✔ |
✔ |
✔ | |
Educational Services (Teachers) Award 2010 |
✔ |
✔ |
✔ | |
Electrical Power Industry Award 2010 |
✔ |
|||
Electrical, Electronic and Communications Contracting Award 2010 |
✔ | |||
Fast Food Industry Award 2010 |
✔ |
✔ |
||
Fitness Industry Award 2010 |
✔ |
✔ |
✔ | |
Food, Beverage and Tobacco Manufacturing Award 2010 |
✔ |
✔ |
✔ | |
Funeral Industry Award 2010 |
✔ |
✔ |
✔ | |
Gardening and Landscaping Services Award 2010 |
✔ |
✔ |
✔ | |
Gas Industry Award 2010 |
✔ |
✔ |
✔ | |
General Retail Industry Award 2010* |
✔ |
✔ |
||
Graphic Arts, Printing and Publishing Award 2010 |
✔ |
✔ |
✔ | |
Hair and Beauty Industry Award 2010 |
✔ |
|||
Health Professionals and Support Services Award 2010 |
✔ |
✔ |
✔ | |
Higher Education Industry-General Staff-Award 2010 |
✔ |
✔ |
✔ | |
Horse and Greyhound Training Award 2010 |
✔ |
✔ |
✔ | |
Horticulture Award 2010* |
✔ |
✔ |
||
Hospitality Industry (General) Award 2010* |
✔ |
|||
Hydrocarbons Industry (Upstream) Award 2010* |
✔ |
✔ |
✔ | |
Joinery and Building Trades Award 2010 |
✔ |
|||
Labour Market Assistance Industry Award 2010* |
✔ | |||
Legal Services Award 2010 |
✔ |
✔ |
✔ | |
Live Performance Award 2010* |
✔ |
✔ |
✔ | |
Local Government Industry Award 2010 |
✔ |
✔ | ||
Mannequins and Models Award 2010 |
✔ |
✔ |
||
Manufacturing and Associated Industries and Occupations Award 2010 |
✔ |
✔ |
✔ | |
Marine Tourism and Charter Vessels Award 2010 |
✔ |
|||
Marine Towage Award 2010 |
✔ |
✔ |
✔ | |
Market and Social Research Award 2010 |
✔ |
✔ |
||
Meat Industry Award 2010 |
✔ |
|||
Medical Practitioners Award 2010 |
✔ |
✔ |
✔ | |
Mining Industry Award 2010* |
✔ |
✔ |
✔ | |
Miscellaneous Award 2010 |
✔ |
✔ |
||
Mobile Crane Hiring Award 2010 |
✔ |
|||
Nursery Award 2010* |
✔ |
✔ |
✔ | |
Nurses Award 2010 |
✔ |
✔ |
✔ | |
Oil Refining and Manufacturing Award 2010* |
✔ |
✔ |
✔ | |
Passenger Vehicle Transportation Award 2010 |
✔ |
✔ |
✔ | |
Pastoral Award 2010 |
✔ |
✔ |
✔ | |
Pest Control Industry Award 2010 |
✔ |
✔ |
✔ | |
Pharmaceutical Industry Award 2010 |
✔ |
✔ |
✔ | |
Pharmacy Industry Award 2010* |
✔ |
|||
Plumbing and Fire Sprinklers Award 2010 |
✔ |
✔ |
✔ | |
Port Authorities Award 2010* |
✔ |
✔ |
✔ | |
Ports, Harbours and Enclosed Water Vessels Award 2010* |
✔ |
✔ |
✔ | |
Poultry Processing Award 2010 |
✔ |
✔ |
||
Premixed Concrete Award 2010 |
✔ |
✔ |
✔ | |
Professional Diving Industry (Industrial) Award 2010 |
✔ |
✔ |
✔ | |
Professional Diving Industry (Recreational) Award 2010 |
✔ |
✔ |
✔ | |
Quarrying Award 2010 |
✔ |
✔ |
✔ | |
Racing Clubs Events Award 2010* |
✔ |
✔ |
✔ | |
Racing Industry Ground Maintenance Award 2010 |
✔ |
✔ |
✔ | |
Rail Industry Award 2010 |
✔ |
✔ |
✔ | |
Real Estate Industry Award 2010 |
✔ |
✔ |
✔ | |
Registered and Licensed Clubs Award 2010 |
✔ |
✔ |
||
Restaurant Industry Award 2010* |
✔ |
✔ |
||
Salt Industry Award 2010 |
✔ |
✔ |
✔ | |
Seafood Processing Award 2010 |
✔ |
✔ |
✔ | |
Security Services Industry Award 2010 |
✔ |
✔ |
✔ | |
Silviculture Award 2010 |
✔ |
✔ |
✔ | |
Sporting Organisations Award 2010 |
✔ |
✔ |
✔ | |
State Government Agencies Award 2010 |
✔ |
✔ |
✔ | |
Stevedoring Industry Award 2010 |
✔ |
✔ |
✔ | |
Storage Services and Wholesale Award 2010 |
✔ |
✔ |
✔ | |
Sugar Industry Award 2010 |
✔ |
✔ |
✔ | |
Supported Employment Services Award 2010 |
✔ |
✔ |
||
Surveying Award 2010 |
✔ |
✔ |
✔ | |
Telecommunications Services Award 2010 |
✔ |
✔ |
✔ | |
Textile, Clothing, Footwear and Associated Industries Award 2010 |
✔ |
✔ | ||
Transport (Cash in Transit) Award 2010 |
✔ |
✔ |
✔ | |
Travelling Shows Award 2010 |
✔ |
✔ | ||
Vehicle Manufacturing, Repair, Services and Retail Award 2010 |
✔ |
✔ |
✔ | |
Waste Management Award 2010 |
✔ |
|||
Water Industry Award 2010 |
✔ |
✔ | ||
Wine Industry Award 2010 |
✔ |
✔ | ||
Wool Storage, Sampling and Testing Award 2010 |
✔ |
✔ |
✔ |
*summary of submissions for these awards indicates previous acknowledgement that the issue of overtime for casual employees has been referred to/may be affected by Casual employment and Part-time employment proceedings.
1 FWO Research paper, 11 April 2014, pp 45–54
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