The Fair Work Commission has varied a number of Modern Awards to include additional provisions and protections for casual and part-time employees.
In summary of the Fair Work Commission’s decision:
- the affected Awards include:
- Fast Food Industry Award 2010
- General Retail Industry Award 2010
- Hair and Beauty Industry Award 2010
- Hospitality Industry (General) Award 2010
- Restaurant Industry Award 2010
- Social, Community, Home Care and Disability Services Industry Award 2010
- it varied clauses dealing with casual and part-time employment in 11 Modern Awards, with one other scheduled for variation
- each variation is specific to the Award concerned (so the wording varies)
- in essence though the variations:
- (a) give casual employees the right to elect to have their employment converted to full-time or part-time employment
- (b) provide greater flexibility in the rostering of hours of part-time employees in certain occupations and industries
- (c) confirm that casual employees who work in excess of ordinary hours in a day or week are entitled to overtime penalty rates
- (d) insert a daily minimum requirement of 2 hours work for casual employees (in circumstances where an Award does not already impose such a daily minimum)
- the variations apply to the first full pay period on or after 1 January 2018
Given the inherent complexities of understanding and applying Award provisions, employers must:
- know what industrial agreements (such as Modern Awards) apply at their workplace
- properly apply all provisions of such industrial agreements including when Modern Award rates change
- ensure employment agreements are consistent with applicable legislation and industrial instruments