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

4 yearly review of modern awards—Penalty rates
(AM2017/43)

GENERAL RETAIL INDUSTRY AWARD 2010
[MA000004]

4 yearly review of modern awards - General Retail Industry Award 2010 - award specific penalty rates claims.

A. Further to the Full Bench decision issued by the Fair Work Commission on 27 September 2018 [[2018] FWCFB 5897],the above award is varied as follows:

1. By deleting clause 29.4(a) and inserting the following:

(a) Evening work Monday to Friday—full-time or part-time employee

A penalty payment of an additional 25% loading will apply for ordinary hours worked by a full-time or part-time employee after 6.00 pm.

2. By renumbering clause 29.4(b) as 29.4(c).

3. By inserting a new clause 29.4(b) as follows:

(b) Evening work Monday to Friday—casual employee

(i) From 1 November 2018 to 30 September 2019

A penalty payment of an additional 30% loading will apply for ordinary hours worked by a casual employee after 6.00 pm (inclusive of the casual loading).

(ii) From 1 October 2019 to 29 February 2020

A penalty payment of an additional 35% loading will apply for ordinary hours worked by a casual employee after 6.00 pm (inclusive of the casual loading).

(iii) From 1 March 2020 to 30 September 2020

A penalty payment of an additional 40% loading will apply for ordinary hours worked by a casual employee after 6.00 pm (inclusive of the casual loading).

(iv) From 1 October 2020 to 28 February 2021

A penalty payment of an additional 45% loading will apply for ordinary hours worked by a casual employee after 6.00 pm (inclusive of the casual loading).

(v) From 1 March 2021

A penalty payment of an additional 50% loading will apply for ordinary hours worked by a casual employee after 6.00 pm (inclusive of the casual loading).

4. By deleting clause 29.4(c) and inserting the following:

(c) Saturday work—full-time or part-time employee

A penalty payment of an additional 25% loading will apply for ordinary hours worked by a full-time or part-time employee on a Saturday.

5. By renumbering clauses 29.4(d) and (e) as 29.4(e) and (f) respectively.

6. By inserting a new clause 29.4(d)

(d) Saturday work—casual employee

(i) From 1 November 2018 to 30 September 2019

A penalty payment of an additional 40% loading will apply for ordinary hours worked by a casual employee on a Saturday (inclusive of the casual loading).

(ii) From 1 October 2019 to 29 February 2020

A penalty payment of an additional 45% loading will apply for ordinary hours worked by a casual employee on a Saturday (inclusive of the casual loading).

(iii) From 1 March 2020

A penalty payment of an additional 50% loading will apply for ordinary hours worked by a casual employee on a Saturday (inclusive of the casual loading).

7. By deleting the words ‘125%’and ‘150%’in clause 29.4(f)(i) and inserting the words ‘125% loading’and ‘150%’with ‘150% loading’respectively.

8. By deleting the words ‘(155% for casuals)’in clause 30.3(a) and inserting the words ‘(155% for casuals,inclusive of the casual loading)’.

9. By deleting the words ‘(175% for casuals)’in clause 30.3(b) and inserting the words ‘(175% for casuals,inclusive of the casual loading)’.

10. By deleting clause 30.3(c) and inserting the following:

(c) Shiftwork performed on a Sunday

(i) From 1 November 2018 to 30 June 2019

Any shiftwork performed on a Sunday will be paid at the rate of 195% (220% for casuals,inclusive of the casual loading) of the ordinary time rate of pay.

(ii) From 1 July 2019 to 30 June 2020

Any shiftwork performed on a Sunday will be paid at the rate of 190% (215% for casuals,inclusive of the casual loading) of the ordinary time rate of pay.

(iii) From 1 July 2020

Any shiftwork performed on a Sunday will be paid at the rate of 175% (200% for casuals,inclusive of the casual loading) of the ordinary time rate of pay.

11. By deleting the words ‘(37.5% for casuals)’in clause 30.4(a) and inserting the words ‘(37.5% for casuals,inclusive of the casual loading)’.

12. By deleting the words ‘(55% for casuals)’in clause 30.4(b) and inserting the words ‘(55% for casuals,inclusive of the casual loading)’.

B. This determination comes into operation from 1 November 2018. 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 November 2018.

PRESIDENT

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