Sladen Snippet - Commission hands down long-awaited decision on penalty rates

The Fair Work Commission’s (FWC) long-awaited decision on penalty rates applying on weekends, public holidays and late nights has been handed down this morning.

The application to amend penalty rates affected the following Awards:

  • Hospitality Industry (General) Award 2010
  • Registered and Licensed Clubs Award 2010
  • Restaurant Industry Award 2010
  • Fast Food Industry Award 2010
  • General Retail Industry Award 2010
  • Pharmacy Industry Award 2010

In short, the FWC has ordered changes to the Sunday rates under the Hospitality, Fast Food, Retail and Pharmacy Awards and changes to the Public Holiday rates under the Hospitality, Restaurant, Retail, Fast Food and Pharmacy Awards. Some changes were also made to early and late night loadings under the Restaurant and Fast Food Awards.

A summary of the current and amended Sunday and Public Holiday rates are below:

Award

Current Sunday Rates

New Sunday Rates

Current Public Holiday Rates

New Public Holiday Rates

Hospitality Industry (General) Award 2010

175% (FT/PT)

175% (Casual*)

150% (FT/PT)

175% (Casual*)

250% (FT/PT)

275% (Casual*)

225% (FT/PT)

250% (Casual*)

Registered and Licensed Clubs Award 2010

175% (FT/PT)

175% (Casual*)

No change

250% (FT/PT)

250% (Casual*)

No change

Restaurant Industry Award 2010

150% (FT/PT)

150% (Casual*)

No change

250% (FT/PT)

250% (Casual*)

225% (FT/PT)

250% (Casual*)

Fast Food Industry Award 2010

150% (FT/PT)

175% (Casual*)

Level 1 only:

125% (FT/PT)

150% (Casual*)

250% (FT/PT)

275% (Casual*)

225% (FT/PT)

250% (Casual*)

General Retail Industry Award 2010

200% (FT/PT)

200% (Casual*)

150% (FT/PT)

175% (Casual*)

250% (FT/PT)

275% (Casual*)

225% (FT/PT)

250% (Casual*)

Pharmacy Industry Award 2010

200% (FT/PT)

225% (Casual*)

7am – 9pm:

150% (FT/PT)

175% (Casual*)

250% (FT/PT)

275% (Casual*)

225% (FT/PT)

250% (Casual*)

*Inclusive of any casual loading

The date(s) that these changes will take effect is subject to a further decision of the FWC, but an indication was given that the changes to public holiday rates will likely be effective 1 July 2017 and the late night penalties under the Fast Food and Restaurant Industry Awards will likely change effective late March this year.

If you have any questions or would like further information, please contact

Louise Houlihan
Principal
Sladen Legal
M +61 409 835 809| T+61 3 9611 0144
Level 5, 707 Collins Street, Melbourne, 3008, Victoria, Australia  
lhoulihan@sladen.com.au

Jane McKay
Senior Associate
Sladen Legal
M +61 409 183 975| T +61 3 9611 0155
Level 5, 707 Collins Street, Melbourne, 3008, Victoria, Australia  
jmckay@sladen.com.au