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MA000004 PR774533 |
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FAIR WORK COMMISSION |
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DETERMINATION |
Fair Work Act 2009
s 160—Variation of modern award to remove ambiguity or uncertainty or correct error
Application by The Australian Retailers Association
(AM2024/9)
General Retail Industry Award 2020
[MA000004]
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Retail industry |
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JUSTICE HATCHER,
PRESIDENT |
SYDNEY, 7 MAy 2024 |
Application to vary the General Retail Industry Award 2020 – proposed variation C – clause 16.6(b) – clause ambiguous and uncertain – award varied – rate of 200 per cent to apply to employee’s minimum hourly rate.
A. Further to the decision issued by the Commission on 6 May 2024 [[2024] FWCFB 251] the above award is varied as follows.
1. By deleting clause 16.6(b) and inserting the following:
(b) If an employee starts work again without having had 12 hours off work, the employer must pay the employee for each hour worked at the rate of 200% of the employee’s minimum hourly rate until the employee has a break of 12 consecutive hours.
NOTE: Table 11—Penalty rates in clause 22.1 prescribes the penalty rate payable for all work performed on public holidays.
B. This determination comes into operation on 14 May 2024. In accordance with s 165(3) of the Fair Work Act 2009 (Cth), this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 14 May 2024.
PRESIDENT
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