Following on from the proposed changes to penalty rates announced by the Fair Work Commission last month, there were further determinations made last Friday (17 March 2017).
In this article, we take a look at what was proposed and what has changed.
The Commission had originally intended that changes to late night penalties under the Restaurant Industry Award 2010 (the Restaurants Award) and the Fast Food Industry Award 2010 (the Fast Food Award) would come into effect on the first pay period after 27 March 2017.
However, the Commission has decided to postpone those changes and ordered that they commence on 1 July 2017 at the same time as the changes to public holiday rates.
The late night penalties that will apply from that date are as follows:
Both Awards 15% loading for work performed between 12.00am and 6.00am
The Fast Food Award 10% loading for work performed between 10.00pm and 12.00am
Both rates are paid in addition to any casual loading.
Draft determinations have been published setting out the new rates to be applied from 1 July 2017. Parties have seven days to comment on the determinations before they become final.
Public holiday penalty rates will be a uniform 225% of the minimum Award hourly rate for full-time and part-time employees and 250% of the minimum Award hourly rate for casual employees (which includes the casual loading) under five of the Awards reviewed.
Hospitality (General) Industry Award 2010 (cl. 32)
Restaurant Industry Award 2010 (cl. 34)
General Retail Industry Award 2010 (cl. 29)
Fast Food Industry Award 2010 (cl. 30)
Pharmacy Industry Award 2010 (cl. 31)
If you are unsure how this will affect your wage arrangements, please contact a member of our employment law team for assistance.
This article was prepared by Elizabeth Olsson, Senior Solicitor