Weekend and public holiday penalty rates
There has been a lot of news coverage recently in relation to the Fair Work Commissions decision which effectively cuts Sunday and public holiday penalty rates for workers in the retail, fast food, hospitality and pharmacy industries. We explain how and why this occurred below.
Section 156 of the Fair Work Act 2009 (Cth)provides that the Fair Work Commission must conduct a 4 yearly review of Modern Awards.
The Commission’s task in the Review is to decide whether a particular Modern Award achieves the Modern Awards’ objective. If it doesn’t, then it is to be varied such that it only includes terms that are ‘necessary to achieve the Modern Awards’ objective’ (s.138).
As part of the Review, various employer bodies made applications to vary the penalty rates provisions in a number of Modern Awards in the Hospitality and Retail sectors. These applications have been heard together.
On 23 February 2017, a Full Bench of the Commission made a determination in relation to weekend and public holiday penalty rates and some related matters, in Hospitality and Retail awards.
The Modern Awards which are dealt with in this decision are:
- Fast Food Industry Award 2010 (Fast Food Award)
- General Retail Industry Award 2010 (Retail Award)
- Hospitality Industry (General) Award 2010 (Hospitality Award)
- Pharmacy Industry Award 2010 (Pharmacy Award)
- Registered and Licensed Clubs Award 2010 (Clubs Award)
- Restaurant Industry Award 2010 (Restaurant Award
A summary of sum of the changes are set out below.
FURTHER INFORMATION
Craig Pryor is principal solicitor at McKillop Legal. For further information in relation to any business or employment related issue, contact Craig Pryor on (02) 9521 2455 or email craig@mckilloplegal.com.au.
