Recent Updates

Full Bench Amends Casual and Part-time Employment Award Conditions

Posted on by Charles Lentini

On 12 December 2017, the full bench of the Fair Work Commission issued determinations amending a number of modern awards in relation to casual and part-time employment.

In total, eleven Modern Awards were affected, and this included:

  • Fast Food Industry Award 2010;
  • General Retail Industry Award 2010;
  • Hospitality Industry (General) Award 2010;
  • Registered and Licensed Clubs Award 2010;
  • Restaurant Industry Award 2010; and
  • Social Community and Home Care and Disability Services Industry Award 2010.

While the determinations operate from 1 January 2018 these do not actually take effect until the start of the first full pay period commencing on or after 1 January 2018.

A summary of some of the amendments to the Modern Awards listed above are outlined below:

The Fast Food Industry Award 2010 will be amended to include a revised overtime clause with casuals entitled to overtime if required to work in excess of 38 hours per week or an average of 38 hours per week averaged over a 4 week period, or in excess of 11 hours on any day.

The General Retail Industry Award 2010 will be amended to include a revised overtime clause. Casual employees will be entitled to overtime if required to work:

  • in excess of 38 hours per week or an average of 38 hours per week;
  • outside the span of ordinary hours each day; or
  • in excess of 11 hours on one day of the week and in excess of 9 hours on any other day of the week.

The Hospitality Industry (General) Award 2010, Registered and Licensed Clubs Award 2010 and Restaurant Industry Award 2010 will be amended to include revised part-time and casual employment clauses. Part-time employees will be able to be employed on a flexible basis between 8 and 38 ordinary hours per week or an average of those hours if the employer operates a roster. Casual employees will be entitled to overtime if required to work, in excess of 12 hours per day or shift; or in excess of 38 hours per week or an average of 38 hours per week over a roster cycle not exceeding 4 weeks.

The Social Community and Home Care and Disability Services Industry Award 2010 will be amended to allow the agreed regular pattern of work for part-time employees to be ongoing or fixed term and agreement for a different number of guaranteed hours each week.

If you have any questions about Modern Award amendments to casual and part-time employment, please contact a Livingstones Consultant on (07) 3833 1200 or email us at solution@livingstones.com.au.

Written by Charles Lentini

Charles Lentini

Charles combines his passion for delivering successful outcomes with his extensive experience in both the public and private sector to provide tailored and practical Industrial Relations solutions. He has a calm, methodical and diligent approach to solving complex issues which allows him to analyse each issue logically and instill confidence in his clients.

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