Determination made regarding retail penalty rates

On 27 September 2018 the Fair Work Commission (FWC) issued a decision under the four yearly review of modern awards for the General Retail Industry Award 2010 (Award). The decision has resulted in some amendments to the Award regarding the treatment of casual workers and shift workers working specific weekend shifts. We have set the amendments out below.

1. Saturdays and weekday evening shifts after 6pm

Casual workers will be entitled to the following additional amounts for all work performed on a Saturday:

• 15% from 1 November 2018;
• 20% from 1 October 2019; and
• 25% from 1 March 2020.

Casual workers will be entitled to the following additional amounts for hours worked after 6pm on a weekday:

• 5% from 1 November 2018;
• 10% from 1 October 2019;
• 15% from 1 March 2020;
• 20% from 1 October 2020; and
• 25% from 1 March 2021.

2. Sunday shiftwork 

Full time and part time shiftworkers will be entitled to the following amounts for  shiftwork on Sundays:

• 195% from 1 November 2018;
• 190% from 1 July 2019; and
• 175% from 1 July 2020.

Casual shift workers will be entitled to the following amounts for shiftwork on Sundays (inclusive of casual loading):

• 220% from 1 November 2018;
• 215% from 1 July 2019; and
• 200% from 1 July 2020.

The Fair Work Commission has stated that these arrangements will ensure Sunday penalty rates for shiftworkers and non-shiftworkers are brought into alignment by 1 July 2020, while ensuring that the reductions are phased in for the purpose of mitigating hardship.

If you require further information or legal advice in relation to the above penalty rate changes, please contact our Employment, Safety and Migration team.

This article was written by Stella Gehrckens, Law Graduate – Employment, Safety and Migration.