DETERMINATION

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

4 yearly review of modern awards—Casual Employment and Part-time employment
(AM2014/196 and AM2014/197)

GENERAL RETAIL INDUSTRY AWARD 2010
[MA000004]

4 yearly review of modern awards – Part-time employment and Casual employment – General Retail Industry Award 2010.

A. Further to the decision issued on 5 July 2017 in AM2014/196 and AM2014/197 ([2017] FWCFB 3541), it is determined pursuant to section 156(2)(b)(i) of the Fair Work Act 2009 that the General Retail Industry Award 2010 be varied as follows:

1. By deleting the words “other than a casual” in clause 29.1(a).

2. By deleting clause 29.2 and inserting the following:

29.2 Overtime

(a) Hours worked in excess of the ordinary hours of work, outside the span of hours (excluding shiftwork), or roster conditions prescribed in clauses 27 and 28 are to be paid at time and a half for the first three hours and double time thereafter.

(b) Hours worked by part-time employees in excess of the agreed hours in clause 12.2 or as varied under clause 12.3 will be paid at time and a half for the first three hours and double time thereafter.

(c) Hours worked by casual employees:

(i) in excess of 38 ordinary hours per week or, where the casual employee works in accordance with a roster, in excess of 38 ordinary hours per week averaged over the course of the roster cycle;

(ii) outside of the span of ordinary hours for each day specified in clause 27.2;

(iii) in excess of 11 hours on one day of the week and in excess of 9 hours on any other day of the week;

shall be paid at 175% of the ordinary hourly rate of pay for the first three hours and 225% of the ordinary hourly rate of pay thereafter (inclusive of the casual loading).

(d) The rate of overtime for full-time and part-time employees on a Sunday is double time, and on a public holiday is double time and a half.

(e) The rate of overtime for casual employees on a Sunday is 225% of the ordinary hourly rate of pay, and on a public holiday is 275% of the ordinary hourly rate of pay (inclusive of the casual loading).

(f) Overtime is calculated on a daily basis.

B. This determination comes into force on and from 1 January 2018. In accordance with s.165(3) of the Fair Work Act 2009 these items do not take effect until the start of the first full pay period that starts on or after 1 January  2018.

VICE PRESIDENT

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<Price code A, MA000004, PR598494>