STATEMENT

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

4 yearly review of modern awards — General Retail Industry Award 2020
(AM2021/6)

4 yearly review of modern awards– General Retail Industry Award 2020– award specific penalty rates claims.

Background

[1] On 27 September 2018, a Full Bench of the Commission issued a decision 1 (the September 2018 decision) determining substantive claims to vary some penalty rates in the General Retail Industry Award 2010 (the Retail Award 2010). The Full Bench decided to vary the Retail Award 2010. A determination2 varying the Retail Award 2010 was issued on 29 October 2018 (the October 2018 determination) and the variations made included transitional, phased changes to penalty rates, as determined in the September 2018 decision.

[2] On 1 October 2020 the General Retail Industry Award 2020 came into operation (the Retail Award 2020). 3 Schedule B of the Retail Award 2020 is a summary of hourly rates of pay – including a number of tables of rates which were not present in the Retail Award 2010 at the time of the September 2018 decision and the October 2018 determination.

[3] On 1 March 2021, the final transitional rate from the September 2018 decision and October 2018 determination will come into operation. That transitional rate change affects casual employees employed after 6pm on Monday to Friday.

[4] It is my provisional view that the Retail Award 2020 be varied to remove the ambiguity and uncertainty which will arise on 1 March 2021 when the final transitional rate comes into operation.

[5] I propose to vary the Retail Award 2020 on the Commission’s own motion under section 160 of the Fair Work Act 2009 as follows:

•  By deleting the third row of table 11 at clause 22.1 — containing the rates for “Monday to Friday — after 6:00pm (1 October 2020 to 28 February 2021);

•  By updating the contents of the summary of hourly rates tables at clauses B.2.1 and B.3.4; and

•  By deleting “(from 1 March 2021)” in the fourth row of table 11 at clause 22.1.

[6] A draft determination varying the Retail Award 2020 will be published concurrently with this decision.

[7] Interested parties have until 4pm on Monday 1 March 2021 to file any comments on the contents of the draft determination. Comments are to be sent to amod@fwc.gov.au. In the absence of any comments, the final variation determination will be issued and will take effect on 1 March 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR727290>

 1   [2018] FWCFB 5897 at [284]

 2   PR701872

 3   [2020] FWCFB 4839