award changes

Changes to casual & part-time entitlements in some awards

Anita van Wyk Awards, Payroll

On 12 December 2017, the Fair Work Commission (FWC) varied certain overtime rates and minimum shift entitlements for casual and part-time employees in several awards. The decision introduces overtime rates for casual employees in many of these awards and changes how part-time hours can be worked in others.

These changes apply from the first full pay period on or after 1 January 2018 and affects the following Awards:

Fast Food Award
Hair and Beauty Award
Hospitality Award
Passenger Vehicle Award
Pastoral Award
Rail Award
Registered Clubs Award
Restaurant Award
Retail Award
Social and Community Services Award
Wine Award

The changes are different for each award, so they affect employers and employees differently depending on the award they’re covered by.

Each Award change is detailed below:

Fast Food Award

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

– more than 38 hours per week, or an average of 38 hours per week over a roster cycle
– more than 11 hours on any day.

Hair and Beauty Award

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

– more than 38 hours per week, or an average of 38 hours per week over a roster cycle
– more than 10.5 hours per day.

Hospitality Award

Part-time employees
Part-time employees are engaged for a minimum of 8 hours and less/fewer than 38 ordinary hours per week over a roster cycle.

Employers and employees must agree on the minimum number of hours to be worked each week and the times the employee is available to work.

Part-time employees can be rostered for additional hours during their availability period without getting payment for overtime.

A part-time employee who regularly works additional hours for 12 months may ask to increase their guaranteed hours. Employers may only refuse on reasonable business grounds.

Casual employees

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

– more than 38 hours per week, or an average of 38 hours per week over a roster cycle (which may not exceed 4 weeks)
– more than 12 hours per day.

Passenger Vehicle Award

School bus drivers transporting students to and from school can be rostered for 1 or 2 shifts per day. Each shift needs to be a minimum of 2 hours.

Pastoral Award

A new 2-hour minimum engagement for dairy operators 18 years or younger who are full-time secondary school students.

Rail Award

Changes to the calculation of overtime, shift penalties and weekend penalties.

Registered Clubs Award

Part-time employees
Part-time employees are engaged for a minimum of 8 hours and less/fewer than 38 ordinary hours per week over a roster cycle.

Employers and employees must agree on the minimum number of hours to be worked each week, and the times the employee is available to work.

Part-time employees can be rostered for additional hours during their availability period without getting payment for overtime.

A part-time employee who regularly works additional hours for 12 months may ask to increase their guaranteed hours. Employers may only refuse on reasonable business grounds.

Casual employees
Casual employees now have an entitlement to overtime pay.

They get overtime when working:

– more than 38 hours per week, or an average of 38 hours per week over a roster cycle (which may not exceed 4 weeks)
– more than 12 hours per day or shift.

Casuals may also be entitled to a meal allowance when working overtime.

Restaurant Award

Part-time employees
Part-time employees are engaged for a minimum of 8 hours and less/fewer than 38 ordinary hours per week over a roster cycle.

Employers and employees must agree on the minimum number of hours to be worked each week, and the times the employee is available to work.

Part-time employees can be rostered for additional hours during their availability period without getting payment for overtime.

A part-time employee who regularly works additional hours for 12 months may ask to increase their guaranteed hours. Employers may only refuse on reasonable business grounds.

Casual employees
Casual employees now have an entitlement to overtime pay.

They get overtime when working:

– more than 38 hours per week, or an average of 38 hours per week over a roster cycle (which may not exceed 4 weeks)
– more than 12 hours per day or shift.

Casuals may also be entitled to a meal allowance when working overtime.

Retail Award

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

– more than 38 hours per week, or an average of 38 hours per week over a roster cycle
– outside of the span of ordinary hours
– more than 11 hours on one day of the week, and more than 9 hours on any other day of the week.

Social and Community Services Award

Part-time rosters no longer need to have the same amount of hours in each week. Employees and employers may agree to have a different amount of hours in each week over a roster cycle.

Roster variations can be for short term or permanent changes to the roster.

Wine Award

The minimum payment for casual employees doing pruning or harvesting work during unexpected wet weather has been reduced from 4 hours to 2 hours.

Source: Fair Work Commission. Updated 25 January 2018

For more information, visit: fairwork.gov.au

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