Overtime for casuals win in aged care, health professional and aboriginal health awards

Friday 28 Aug 2020

A Fair Work Commission (FWC) decision has been handed down in a long-running matter concerning how casual employees are paid overtime across modern awards.

The HSU had a significant win, with the FWC going further than our initial claim, finding that overtime should be paid to casuals on a compounding basis in the HPSS and Aged Care Awards, and on a non-compounding basis in the Aboriginal Community Controlled Health Award.

The FWC found as follows: 

  • In the Aged Care Award and the Health Professional and Support Services Award, the FWC found that the casual loading is included in the overtime rate on a compounding basis. 
  • This follows the decision in Australian Nursing and Midwifery Federation v Domain Aged Care (QLD) Pty Ltd T/A Opal Aged Care (Domain) concerning the interpretation of a similar provision in the Nurses Award, and the decision in AMWU v Energy Australia Yallourn Pty Ltd (Yallourn)

In the Aboriginal Community Controlled Health Services Award, casual employees are entitled to overtime penalty rates for all work performed in excess of an average of 38 hours per week over a fortnight, or 10 hours in a day, in addition to the circumstances identified in clauses 24.2(b)-(d). The casual loading is payable in addition to such penalty rates on a non-compounding basis. 

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