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New – Variations to Casual/Part-Time Rules in Modern Awards

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
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