As part of the four-yearly review of modern awards, which remains incomplete after 6 years, the Fair Work Commission (FWC) made a substantive change regarding casuals’ overtime to a number of Awards including the Clerks—Private Sector Award 2020.
The FWC confirmed that the casual loading and the overtime penalty rate are added separately to the minimum permanent rate when calculating casual overtime. In other words, the casual loading is added on top of the overtime penalty rather than being compounded in the overtime calculation.
|Hours of Overtime worked per day||Casual Employees|
|% of minimum hourly rate|
|Monday to Saturday—first 2 hours||175|
|Monday to Saturday—after 2 hours||225|
|Public holiday—all day||275|
The changes to calculating casual overtime apply from the first full pay period that starts on or after 20 November 2020. The two main transport Awards are not affected.
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