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09/07/21

The Fair Work Commission on 28 June 2021 handed down a decision in the General Retail Industry Award 2020 (Retail Award) with respect to the part-time hours of work provision. 

Under the previous part-time hours of work provisions an employer and employee had to agree on:

  1. the number of hours to be worked each day; and
  2. the days of the week on which the employee will work; and
  3. the times at which the employee will start, and finish work each day; and
  4. when meal breaks may be taken and their duration.

Any variation to the hours of work arrangement needed to be recorded in writing.

In the recent decision of the Commission, the full bench has provided more clarity around what is deemed to be acceptable with respect to “recorded in writing” and greater flexibility on when the variation of hours can take place.

Under the new part-time provisions an employee’s guaranteed regular pattern of work for a particular shift can be varied before the end of the affected shift and a record in writing could include an exchange of emails, text messages or other electronic means.

The Commission in their determination provided an example of how the new flexibility provisions would work which includes the following example:

Sonya’s guaranteed hours include 5 hours work on Mondays. During a busy Monday shift, Sonya’s employer sends Sonya a text message asking her to vary her guaranteed hours that day to work 2 extra hours at ordinary rates (including any penalty rates). Sonya is happy to agree and replies by text message confirming that she agrees. The variation is agreed before Sonya works the extra 2 hours. Sonya’s regular pattern of work has been temporarily varied under clause 10.6. She is not entitled to overtime rates for the additional 2 hours.

The change to the part-time hours of work clause came into operation from the first full pay period on or after 1 July 2021. To read the determination from the Commission, click on the link below:        

www.fwc.gov.au/documents/awardsandorders/html/pr731097.htm

Members who use the Retail Award can contact Owen Webb at the AHA|SA office for more details.

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