Part-time and casual Illawarra workers in industries from fast food and hospitality to restaurants and retail can expect changes to their entitlements in the new year.
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From January 1, casuals working in those sectors – among others – will be entitled to overtime penalty rates, provided they work at least 38 hours per week.
[Scroll down to see what the changes are for each award]
The move follows a Fair Work Commission (FWC) determination to vary certain overtime rates and minimum shift entitlements for casual and part-time employees.
The FWC decision, made last week, introduces overtime rates for casuals in many of the awards and changes how part-time hours can be worked in others. However, South Coast Labour Council secretary Arthur Rorris described the changes as “window dressing” and said they would do little for workers.
Mr Rorris said the FWC changes followed a push by the Australian Council of Trade Unions last year, which sought safeguards and protections for part-time and casual workers. Most of the union’s demands weren’t adopted, he said.
“As a result, we have what could be best described as window-dressing changes by the commission, which will do, unfortunately, very little for causal and part-time workers,” he said.
“The reality is most part-time and casuals work less than the 38 hours per week and so won’t even be eligible for overtime payments.”
Mr Rorris said there was also potential for employers to “exploit a four-weekly roster to average out those 38 hours”.
“So it’s technically possible for part-timers and casuals to be working far more than 38 hours in a given week and not get an extra cent in terms of overtime payment, because the employer has chosen to calculate their hours over a four-weekly cycle,” he said.
The changes involve the following awards: Fast Food, Hair and Beauty, Hospitality, Passenger Vehicle, Pastoral, Rail, Registered Clubs, Restaurant, Retail, Social and Community Services, and Wine.
The changes, which vary depending on the award, start from the first full pay period on or after January 1.
What are the changes?
FAST FOOD AWARD
Casual employees now have an entitlement to overtime pay.
They get overtime when working:
- more than 38 hours per week, or an average of 38 hours per week over a roster cycle
- more than 11 hours on any day.
HAIR AND BEAUTY AWARD
Casual employees now have an entitlement to overtime pay.
They get overtime when working:
- more than 38 hours per week, or an average of 38 hours per week over a roster cycle
- more than 10.5 hours per day.
HOSPITALITY AWARD
Part-time employees are engaged for a minimum of 8 hours and less/fewer than 38 ordinary hours per week over a roster cycle.
Employers and employees must agree on the minimum number of hours to be worked each week and the times the employee is available to work.
Part-time employees can be rostered for additional hours during their availability period without getting payment for overtime.
A part-time employee who regularly works additional hours for 12 months may ask to increase their guaranteed hours. Employers may only refuse on reasonable business grounds.
Casual employees now have an entitlement to overtime pay.
They get overtime when working:
- more than 38 hours per week, or an average of 38 hours per week over a roster cycle (which may not exceed 4 weeks)
- more than 12 hours per day.
PASSENGER VEHICLE AWARD
School bus drivers transporting students to and from school can be rostered for 1 or 2 shifts per day. Each shift needs to be a minimum of 2 hours.
PASTORAL AWARD
A new 2-hour minimum engagement for dairy operators 18 years or younger who are full-time secondary school students.
RAIL AWARD
Changes to the calculation of overtime, shift penalties and weekend penalties.
REGISTERED CLUBS AWARD
Part-time employees are engaged for a minimum of 8 hours and less/fewer than 38 ordinary hours per week over a roster cycle.
Employers and employees must agree on the minimum number of hours to be worked each week, and the times the employee is available to work.
Part-time employees can be rostered for additional hours during their availability period without getting payment for overtime.
A part-time employee who regularly works additional hours for 12 months may ask to increase their guaranteed hours. Employers may only refuse on reasonable business grounds.
Casual employees now have an entitlement to overtime pay.
They get overtime when working:
- more than 38 hours per week, or an average of 38 hours per week over a roster cycle (which may not exceed 4 weeks)
- more than 12 hours per day or shift.
Casuals may also be entitled to a meal allowance when working overtime.
RESTAURANT AWARD
Part-time employees are engaged for a minimum of 8 hours and less/fewer than 38 ordinary hours per week over a roster cycle.
Employers and employees must agree on the minimum number of hours to be worked each week, and the times the employee is available to work.
Part-time employees can be rostered for additional hours during their availability period without getting payment for overtime.
A part-time employee who regularly works additional hours for 12 months may ask to increase their guaranteed hours. Employers may only refuse on reasonable business grounds.
Casual employees now have an entitlement to overtime pay.
They get overtime when working:
- more than 38 hours per week, or an average of 38 hours per week over a roster cycle (which may not exceed 4 weeks)
- more than 12 hours per day or shift.
Casuals may also be entitled to a meal allowance when working overtime.
RETAIL AWARD
Casual employees now have an entitlement to overtime pay.
They get overtime when working:
- more than 38 hours per week, or an average of 38 hours per week over a roster cycle
- outside of the span of ordinary hours
- more than 11 hours on one day of the week, and more than 9 hours on any other day of the week.
SOCIAL AND COMMUNITY SERVICES AWARD
Part-time rosters no longer need to have the same amount of hours in each week. Employees and employers may agree to have a different amount of hours in each week over a roster cycle.
Roster variations can be for short term or permanent changes to the roster.
WINE AWARD
The minimum payment for casual employees doing pruning or harvesting work during unexpected wet weather has been reduced from 4 hours to 2 hours.
Source: Fair Work Commission
For more information, visit: fairwork.gov.au
Andrew Pearson
Andrew grew up in the western Riverina town of Hay and has strong ties to the region. He is a former DA journo who has a passion for breaking news and has covered everything from council and politics to crime and court.
Andrew grew up in the western Riverina town of Hay and has strong ties to the region. He is a former DA journo who has a passion for breaking news and has covered everything from council and politics to crime and court.
