No Comments

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