From the Industrial Relations Desk
The Penalty Rates Decision & the
Repealing the 4-yearly Review of
the Modernised Awards
In 2010 when the Modernised
Awards came into force, also
came the legislated requirement
for the Fair Work Commission
to conduct 4-yearly reviews
of these Awards. This meant
that all aspects of each of
the 122 modern awards must
be reviewed and assessed to
determine if each particular
modern award achieves the
modern award objectives. This Fair Work Commission Full
Bench decision resulted in the
revision of weekend and public
holiday penalty rates in the
hospitality and retail awards. These
two awards, along with the following
modern awards were also included
in the Fair Work Commissions
Penalty Rates Review process, with
all but one forming part of Group 4F;
This review process commenced in
January 2014 and over the last four
years, has resulted in many common
issues being identified across the
122 modern awards. Some of the
common issues identified include:
Payment of Wages, Public Holidays,
Annual Leave, and Penalty Rates.
The Fair Work Commission handed
down their decision on the Penalty
Rates common issue on 23rd
February 2017. •
The Full Bench of the Fair Work
Commission reviewed over 5,900
submissions and heard evidence
from 143 witnesses, with 128
witnesses required for cross
examination. The following three modern awards
constitute the remainder of Group
4F:
IQ 40
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Fast Food industry Award 2010
(the Fast Food Award)
General Retail Industry Award
2010 (the Retail Award)
Hospitality Industry (General)
Award 2010 (the Hospitality
Award)
Pharmacy Industry Award 2010
(the Pharmacy Award) (included
from Group 2B)
Registered and Licenced Clubs
Award 2010 (the Clubs Award)
Restaurant Industry Award 2010
(the Restaurant Award)
Dry Cleaning and Laundry
Industry Award 2010
•
•
Hair and beauty Industry Award
2010
Mannequins and Models Award
2010
What was the Outcome of the Fair
Work Commission’s Decision?
For all employees covered under
the Hospitality Industry (General)
Award 2010 (the Hospitality Award)
or the Restaurant Industry Award
2010 (the Restaurant Award),
will see a reduction to penalty
rates for weekends and Public
Holidays, with the view that such
reductions in rates would lead to
increased trading hours on the
above mentioned days, a reduction
in the hours worked by some owner
operations, an increase in the level
and range of services offered on
Sundays and public holidays , and
an increase to the overall hours
worked. The certainty of all or any
of these factors occurring is yet to
be proven…
The Licenced and Registered Clubs
Award 2010
Specified Award matters