A number of variations to specific awards arising from the Fair Work Commission’s 5 July 2017 Casual and Part-time Employment Decision ([2017] FWCFB 3541) are operative from 1 January 2018, including provisions imposing an obligation on employers to pay overtime penalties to casuals in the retail, fast food, and hair and beauty industries. The Fair Work Commission has still not determined the specific terms of the model casual conversion clause to implement the Commission’s decision.

Proceedings are continuing in the Fair Work Commission regarding overtime arrangements for casuals in the horticulture industry to determine:

  • the rate for overtime;
  • the period over which ordinary hours can be averaged;
  • the spread of hours for day work; and
  • the rate of pay that will apply for ordinary time worked outside the spread of hours.

Most of the unions’ claims in the case, which would have wreaked havoc on Australia’s labour market, were rejected. The Fair Work Commission’s decision preserves an employer’s right of reasonable refusal of a casual employee’s request to convert to permanent employment.

If you would like more information about overtime rates for employees, please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.

Alternatively, if you would like advice about structuring your employees’ hours, rosters, and shift patterns, please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at info@aigroupworkplacelawyers.com.au.

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