DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Penalty Rates
(AM2014/305)

FAST FOOD INDUSTRY AWARD 2010
[MA000003]

Penalty rates – public holiday penalty rates – Sunday penalty rates – evening work.

A. Further to the decisions issued by the Fair Work Commission, 1 the above award is varied as follows:

1. By deleting “9.00 pm” appearing in clause 25.5(a)(i) and inserting “10.00 pm”.

2. By deleting the words “after midnight” appearing in clause 25.5(a)(ii) and inserting the words “between midnight and 6.00 am”.

3. By deleting clause 25.5(b) and inserting the following:

(b) Saturday work

(i) A 25% loading will apply for all hours of work on a Saturday for full-time and part-time employees.

(ii) A 50% loading will apply for all hours of work on a Saturday for casual employees, inclusive of the casual loading.

4. By deleting clause 25.5(c) and inserting the following:

(c) Sunday work – Level 1 employees

(i) From 1 July 2017 to 30 June 2018

A 45% loading will apply for all hours of work on a Sunday for full-time and part-time Level 1 employees. A 70% loading will apply for all hours of work on a Sunday for casual Level 1 employees (inclusive of the casual loading).

(ii) From 1 July 2018 to 30 June 2019

A 35% loading will apply for all hours of work on a Sunday for full-time and part-time Level 1 employees. A 60% loading will apply for all hours of work on a Sunday for casual Level 1 employees (inclusive of the casual loading).

(iii) From 1 July 2019

A 25% loading will apply for all hours of work on a Sunday for full-time and part-time Level 1 employees. A 50% loading will apply for all hours of work on a Sunday for casual Level 1 employees (inclusive of the casual loading).

5. By inserting a new clause 25.5(d) and inserting the following:

(d) Sunday work – Level 2 and 3 employees

A 50% loading will apply for all hours of work on a Sunday for full-time and part-time Level 2 or 3 employees. A 75% loading will apply for all hours of work on a Sunday for casual Level 2 or 3 employees (inclusive of the casual loading).

6. By deleting clause 30.3 and inserting the following:

30.3 Work on a public holiday must be compensated by payment at the rate of 225% (250% for casual employees, inclusive of the casual loading).

B. This determination comes into operation from 1 July 2017. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 July 2017.

PRESIDENT

 1   23 February 2017 [2017] FWCFB 1001; 17 March 2017 [2017] FWCFB 1551; 5 June 2017 [2017] FWCFB 3001 and 21 June 2017 [2017] FWCFB 3334

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