The Fair Work Commission today released a landmark decision that reduces the Sunday and Public Holiday penalty rates in some retail based Awards, but petroleum operators are reminded that there has been no change to the penalty or public holiday rates in the Award that governs Service Stations.
After an extensive and drawn out review process the Fair Work Commission today handed down its decision on the application to modify weekend and public holiday rates in a variety of retail based Awards.
The Commission made the changes, that take Sunday penalties in the General Retail Award 2010 down from double time to time and a half, on the basis of extensive submissions from the retail industry that the changes would lead to longer trading hours and more jobs creation, while aligning the penalties to Sunday penalties within the broader group of Modern Awards.
The decision effects the weekend and public holiday rates in several different Awards including those in the fast food, hospitality and pharmacy industries, in addition to the General Retail Award 2010.
“What is important for all fuel site operators to understand is that the changes will have no impact on the rates that they are required to pay to fuel site staff for weekend or public holiday work.” said Elisha Radwanowski, Executive Manager for Employment and Training for ACAPMA.
“There is only one Award that covers the console operators, roadhouse attendants and cook and the driveway attendants and that is the Vehicle Manufacturing, Repair, Service and Retail Award 2010. There has been no change to this Award, so we are reminding all operators that, despite the press, it is business as usual for fuel sites.”
“Interestingly the change to the Sunday penalty rate in the General Retail Award 2010, from double time to time and a half, brings it in line with the Award for the fuel industry. Under our Award Sunday work has always attracted a penalty of time and a half.” continued Elisha.
ACAPMA reminds all retail fuel site operators that, despite the extensive press around the changes to penalty rates, those changes are to specific industries and Awards and do not change the rates that are applicable in the retail fuel industry.
“It is important to get the facts straight when it comes to employment compliance. It is easy to get caught up in the discussions in the media and miss the important fact that employment compliance standards, pay rates and conditions are different in every industry and are governed by specific industry Awards. Operators are encouraged to seek assistance from their industry association in understanding and achieving compliance.” concluded Elisha.
The landmark change to penalty rates in the large and diverse retail industry, while not impacting the downstream petroleum industry at this time, is a positive signal from the Commission, that the Awards can grow and adapt with the changing needs and priorities of the community.
For a copy of the Decision from the Fair Work Commission click here: https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb1001-summary.pdf.
