[2016] FWCFB 7285
The attached document replaces the document previously issued with the above code on 12
October 2016.
Attachment A6 – Hair and Beauty Industry Award 2010 [MA000005] has been deleted and
Attachment A7 – Pharmacy Industry Award 2010 [MA0000012] has been renamed
Attachment A6 – Pharmacy Industry Award 2010 [MA0000012]
Jo Richardson
Associate to Justice Ross
Dated 13 October 2016
1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Penalty rates
(AM2014/305)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT ASBURY
COMMISSIONER HAMPTON
COMMISSIONER LEE MELBOURNE, 12 OCTOBER 2016
4 yearly review of modern awards – penalty rates.
[1] On 8 September 2016 we issued a Statement and Directions1 from which we sought to
clarify the status of the various claims before the Fair Work Commission in the penalty rates
proceedings. A draft summary of the claims before us was prepared by staff of the
Commission and attached to the Statement. Any corrections or amendments to the draft
summary were to be filed with the Commission by 4 pm Friday, 23 September 2016.
[2] ABI confirmed that the variations to the Hair and Beauty Industry Award 2010 which
had been proposed by ABI, the NSW Business Chamber and the Hair and Beauty Australia
Industry Association were no longer pressed. Correspondence was also received from the
Restaurant & Catering Industry Association (RCI) confirming that its claim in respect of
clauses 34.4(c) and 34.4(d) of the Restaurant Industry Award 2010 was no longer pressed.2
[3] No correspondence was received from other parties in relation to the draft summary.
[4] We now republish the draft summary in final form, incorporating the amendments
detailed above.
1 [2016] FWCFB 6460
2 Correspondence - 8 September 2016 Statement – Restaurant & Catering Industrial – 23 September 2016
[2016] FWCFB 7285
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014305-corr-rci-230916.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb6460.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014305-corr-rci-230916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014305-sub-abinswbcandanor-140916.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb6460.htm
[2016] FWC 7285
2
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code C, PR586307
[2016] FWCFB 7285
3
Attachment A — Proposed Variations
Attachment A1—Hospitality Industry (General) Award 2010 [MA000009]
Attachment A2—Restaurant Industry Award 2010 [MA000119]
Attachment A3—Registered and Licensed Clubs Award 2010 [MA000058]
Attachment A4—General Retail Industry Award 2010 [MA000004]
Attachment A5—Fast Food Industry Award 2010 [MA000003]
Attachment A6—Pharmacy Industry Award 2010 [MA000012]
NOTE 1: A joint application by the Australian Federation of Employers and Industries and
the Australian Amusement, Leisure and Recreation Association Inc. to vary penalty rates in
the Amusement, Events and Recreation Award 2010 was withdrawn by correspondence dated
26 June 2015.
NOTE 2: A joint application by the Australian Federation of Employer and Industries and the
Drycleaning Institute of Australia to vary penalty rates in the Dry Cleaning and Laundry
Industry Award 2010 was withdrawn by correspondence dated 12 August 2015.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014305-corro-afeiandanor-120815.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014305-corr-afei-260615.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014305-corr-afei-260615.pdf
[2016] FWC 7285
4
Attachment A1—Proposed Variations—Hospitality Industry (General) Award 2010
[MA000009]
Claims by Australian Hotels Association and Accommodation Association of Australia
3. Definitions and interpretation
3.1 In this award, unless the contrary intention appears:
…
additional holiday means for the purposes of entitlements or benefits arising under
this award, any day or part day falling within the scope of s.115(b) of the Act.
If, under (or in accordance with a procedure under) a law of a State or Territory, a
day or part day is substituted for a day or part day that would otherwise be an
additional holiday because of the definition above, then the substitute day or part-day
is the additional holiday.
holiday means any day or part day defined as an additional holiday or a public
holiday under this award.
public holiday means, for the purposes of entitlements or benefits arising under this
Award, each of these days:
(i) 1 January (New Year’s Day);
(ii) 26 January (Australia Day);
(iii) Good Friday;
(iv) Easter Monday;
(v) 25 April (Anzac Day);
(vi) The Queen’s birthday holiday (on the day on which it is celebrated in a
State or Territory or a region of a State or Territory);
(vii) 25 December (Christmas Day);
(viii) 26 December (Boxing Day).
If, under (or in accordance with a procedure under) a law of a State or Territory, a
day is substituted for a day that would otherwise be a public holiday because of the
definition above, then the substitute day is the public holiday.
…
[2016] FWCFB 7285
5
32. Penalty rates Additional remuneration
32.1 An employee performing work on the following days will be paid the following
percentage of the minimum hourly wage rate in clause 20—Minimum wages for the
relevant classification:
Monday to
Friday
%
Saturday
%
Sunday
%
Public
holiday
%
Additional
holiday
%
Full-time and
part-time
100 125 175 150 250 225 250 200
Casual (inclusive
of the 25% casual
loading)
125 150 175 150 275 175 125
32.2 Public holidays Holidays
(a) An employee other than a casual working on a public holiday will be paid for a
minimum of four hours’ work. A casual employee working on a public holiday will be
paid for a minimum of two hours’ work.
29.1.1 Employees (other than casual employees) who work on a prescribed holiday may, by
agreement, perform such work at their applicable ordinary hourly rate plus 50% 25%
additional loading rather than the penalty rate additional remuneration prescribed in clause
32.1, provided that equivalent paid time is added to the employee’s annual leave or one day
instead of such public holiday will be allowed to the employee during the week in which such
holiday falls. Provided that such holiday may be allowed to the employee within 28 days of
such holiday falling due.
(c) An employee other than a casual working on Christmas Day when it falls on a
weekend, and is not prescribed as a public holiday under the NES as defined in this
award will be paid an additional loading of 50% of their applicable ordinary hourly
rate for the hours worked on that day and will also be entitled to the benefit of a
substitute day.
32.3 Other penalty additional remuneration
Employees will be entitled to the following additional penalty remuneration for work
performed at the following times:
(a) Monday–Friday—7.00 pm to midnight: 10% of the standard hourly rate per hour or any
part of an hour for such time worked within the said hours;
(b) Monday–Friday—midnight to 7.00 am: 15% of the standard hourly rate per hour or
any part of an hour for such time worked within the said hours.
32.4 Penalty rates Additional remuneration not cumulative
Except as provided in clause 31—Breaks, where time worked is required to be paid for at
more than the ordinary rate such time will not be subject to more than one penalty additional
remuneration rate, but will be subject to that penalty the rate which is to the employee’s
greatest advantage.
[2016] FWC 7285
6
…
37. Public holidays Holidays
37.1 National Employment Standards
(a) Public holidays are provided for in the NES Substitution by Agreement
By agreement between the employer and the majority of employees in the
relevant enterprise or section of the enterprise, an alternative day may be taken
as the public holiday instead of any of the days prescribed in s.115 of the Act
holidays in this award.
(b) Additional arrangements for full-time employees:
(i) A full-time employee whose rostered day off falls on a public holiday
must, subject to clause 32.2, either:
be paid an extra day’s pay; or
be provided with an alternative day off within 28 days; or
receive an additional day’s annual leave.
For the purposes of this subclause a “day” is equal to the length of time
of the rostered day off that falls on the holiday.
(ii) A full-time employee who works on a public holiday which is subject to
substitution as provided for by the NES this award will be entitled to the
benefit of the substitute day.
(c) Arrangements for part-time employees
Part-time employees are entitled to public holidays prescribed in s.115 of the
Act holidays as defined in clause 3 without loss of pay if those public holidays
fall on days agreed under clauses 12.3 and 12.4. Part-time employees who
work on a public holiday must be paid in accordance with clause 32.
(d) Part Day Additional Holidays
(i) Where a full-time employee is usually rostered to work ordinary hours on
a part day additional holiday, but as a result of having a rostered day off
(RDO) provided under this award, does not work, the employee will be
taken to be on an additional holiday for such hours and paid their
ordinary rate of pay for those hours.
(ii) A full-time employee not rostered to work on a part-day additional
holiday, other than an employee who has exercised their right to refuse to
work in accordance with the NES, will not be entitled to another day off,
another day’s pay or another day of annual leave as a result of the part-
day additional holiday.
[2016] FWCFB 7285
7
Schedule H—2015 Part-day Public Holidays
This schedule operates where this award otherwise contains provisions dealing with public
holidays that supplement the NES.
H.1 Where a part-day public holiday is declared or prescribed between 7.00pm and
midnight on Christmas Eve (24 December 2015) or New Year’s Eve (31 December
2015) the following will apply on Christmas Eve and New Year’s Eve and will
override any provision in this award relating to public holidays to the extent of the
inconsistency:
(a) All employees will have the right to refuse to work on the part-day public
holiday if the request to work is not reasonable or the refusal is reasonable as
provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary
hours between 7.00pm and midnight but as a result of exercising their right
under the NES does not work, they will be paid their ordinary rate of pay for
such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary
hours between 7.00pm and midnight but as a result of being on annual leave
does not work, they will be taken not to be on annual leave between those
hours of 7.00pm and midnight that they would have usually been rostered to
work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary
hours between 7.00pm and midnight, but as a result of having a rostered day
off (RDO) provided under this award, does not work, the employee will be
taken to be on a public holiday for such hours and paid their ordinary rate of
pay for those hours.
(e) Excluding annualised salaried employees to whom clause H.1(f) applies, where
an employee works any hours between 7.00pm and midnight they will be
entitled to the appropriate public holiday penalty rate (if any) in this award for
those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this
award and is entitled under this award to time off in lieu or additional annual
leave for work on a public holiday, they will be entitled to time off in lieu or
pro-rata annual leave equivalent to the time worked between 7.00pm and
midnight.
(g) An employee not rostered to work between 7.00pm and midnight, other than an
employee who has exercised their right in accordance with clause H.1(a), will
not be entitled to another day off, another day’s pay or another day of annual
leave as a result of the part-day public holiday.
This schedule is not intended to detract from or supplement the NES.
This schedule is an interim provision and subject to further review.
[2016] FWC 7285
8
[NOTE: Pending the outcome of its application to amend the coverage of the Hospitality
Award 2010 regarding catering businesses, Restaurant and Catering Industrial may seek to
amend the public holiday penalty rate for full-time and part-time employees per its outline of
submissions of 1 December 2014.]
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014301-sub-RCI-011214.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/common/AM2014301-sub-RCI-011214.pdf
[2016] FWCFB 7285
9
Attachment A2—Proposed Variations—Restaurant Industry Award 2010 [MA000119]
Claims by Restaurant & Catering Industrial
34. Penalty rates
34.1 Penalty rates for work on weekends and public holidays
An employee working ordinary time hours on the following days will be paid the
following percentage of the minimum wage in clause 20—Minimum wages for the
relevant classification:
Type of employment
Monday
to Friday
Saturday Sunday
Public
holidays
% % % %
Full-time and part-time 100 125 150 125 250 150
Casual Introductory Level,
Level 1, Level 2
(inclusive of 25% casual loading)
125 150 150 250 150
Casual Level 3 to Level 6
(inclusive of casual 25% loading)
125 150 175 250
34.1A Special condition regarding existing employees
No existing employee classified as Level 3 or above shall be moved down to pay grade
Levels 1 or 2 or be discriminated against in the allocation of work as a result of the variation
of clause 34.1 by the Full Bench of the Fair Work Commission in proceedings number
C2013/6610.
34.2 Additional payment for work done between the hours of 10.00 pm to 7.00 am on
Monday to Friday
(a) An employee, including a casual, who is required to work any of their ordinary hours
between the hours of 10.00 pm and midnight Monday to Friday inclusive, or between
midnight and 7.00 am Monday to Friday inclusive, must be paid an additional amount
per hour calculated according to the following:
(i) Between 10.00 pm and midnight
For each hour or part of an hour worked during such times—10% of the
standard hourly rate per hour extra.
(ii) Between midnight and 7.00 am
For each hour or part of an hour worked during such times—15% of the
standard hourly rate per hour extra.
(b) For the purposes of this clause midnight will include midnight Sunday.
[2016] FWC 7285
10
34.2 Additional payment for work done between the hours of midnight and 5.00 am Monday
to Friday
(a) An employee, including a casual, who is required to work any of their ordinary hours
between the hours between midnight and 5.00 am Monday to Friday inclusive, must
be paid an additional shift allowance of 5% per hour worked.
(b) For the purposes of this clause midnight will include midnight Sunday.
[2016] FWCFB 7285
11
Claims by Australian Business Industrial and NSW Business Chamber
34. Penalty rates
34.1 Penalty rates for work on weekends and public holidays
An employee working ordinary time hours on the following days will be paid the
following percentage of the minimum wage in clause 20—Minimum wages for the
relevant classification:
Type of employment
Monday
to Friday
Saturday Sunday
Public
holidays
% % % %
Full-time and part-time 100 125 150 250 200
Casual Introductory Level,
Level 1, Level 2
(inclusive of 25% casual loading)
125 150 150 250 125
Casual Level 3 to Level 6
(inclusive of casual 25% loading)
125 150 175 250 125
34.1A Special condition regarding existing employees
No existing employee classified as Level 3 or above shall be moved down to pay
grade Levels 1 or 2 or be discriminated against in the allocation of work as a result of
the variation of clause 34.1 by the Full Bench of the Fair Work Commission in
proceedings number C2013/6610.
34.2 Additional payment for work done between the hours of 10.00 pm to 7.00 am on
Monday to Friday
(a) An employee, including a casual, who is required to work any of their ordinary
hours between the hours of 10.00 pm and between midnight and 5.00 am
Monday to Friday inclusive, or between midnight and 7.00 am Monday to
Friday inclusive, must be paid an additional shift allowance amount per hour
calculated according to the following:
(i) Between 10.00 pm and midnight
For each hour or part of an hour worked during such times—10% of the
standard hourly rate per hour extra.
(ii) Between midnight and 7.00 am
For each hour or part of an hour worked during such times—15% of the
standard hourly rate per hour extra.
(b) For the purposes of this clause midnight will include midnight Sunday.
[2016] FWC 7285
12
34.3 Penalty rates not cumulative
Except as provided in clause 32—Breaks, where time worked is required to be paid at
more than the ordinary rate such time will not be subject to more than one penalty,
but will be subjected to that penalty which is to the employee’s greatest advantage.
34.4 Additional provisions for work on public holidays
(a) An employee other than a casual working on a public holiday must be paid for
a minimum of four hours’ work.
(b) A casual employee working on a public holiday must be paid for a minimum of
two hours’ work.
(c) Employees (other than casual employees) who work on a prescribed holiday
may, by agreement, perform such work at a rate of 150% 100% of the relevant
minimum wage in clause 20—Minimum wages, rather than the penalty rate
prescribed in clause 34.1, provided that equivalent paid time is added to the
employee’s annual leave or one day instead of such public holiday will be
allowed to the employee during the week in which such holiday falls. Provided
further that such holiday may be allowed to the employee within 28 days of
such holiday falling due.
(d) An employee other than a casual working on Christmas Day when it falls on a
weekend and it is not a prescribed public holiday must be paid an additional
loading of 50% of their ordinary time rate for the hours worked on that day and
will also be entitled to the benefit of a substitute day.
[2016] FWCFB 7285
13
Attachment A3—Proposed Variations—Registered and Licensed Clubs Award 2010
[MA000058]
Claims by Clubs Australia Industrial
29. Penalty rates
29.1 An employee other than a maintenance and horticultural employee performing work
on the following days will be paid the following percentage of the minimum wage
rate in clause 17—Minimum wages for the relevant classification:
Monday
to Friday
Saturday Sunday
Public
holiday
% % % %
Full-time and part-time 100 150 125 175 150 250 200
Casual (inclusive of the 25%
casual loading)
125 150 175 150 250 200
29.2 A maintenance and horticultural employee performing work on the following days
will be paid the following percentage of the minimum wage rate in clause 17—
Minimum wages for the relevant classification:
Monday to Friday
and Saturday
before 12 noon
Saturday after
12 noon
Sunday Public
holiday
100% 150% for the first
2 hours then 200%
200% 250%
29.3 Public holidays
(a) An employee other than a casual working on a public holiday will be paid for a
minimum of four hours’ work.
(b) Employees other than casuals or maintenance or horticultural employees who
work on a prescribed public holiday may, by agreement, perform such work at
ordinary rates plus 50% additional loading, instead of the penalty rate
prescribed in clause 29.1, provided that equivalent paid time is added to the
employee’s paid annual leave or one day instead of such public holiday will be
equivalent time off work is allowed to the employee during the week in which
such holiday falls. Provided that such holiday may be allowed to the employee
within 28 days of such holiday falling due.
(c) An employee other than a casual working on Christmas Day when it such day
falls on a weekend, and is not prescribed as a public holiday as defined in this
Award, will be paid an additional loading of 50% of their ordinary time rate
applicable ordinary hourly rate for the hours worked on that day and will also
be entitled to the benefit of a substitute day.
[2016] FWC 7285
14
29.4 Late and early work penalty
Employees other than maintenance or horticultural employees will be entitled to the
following additional penalty for work performed at the following times:
(a) Monday to Friday, 7.00 pm to midnight: 10% of the standard hourly rate per
hour or any part of an hour for such time worked within the said hours; and
(b) Monday to Friday, midnight to 7.00 am: 15% of the standard hourly rate per
hour or any part of an hour for such time worked within the said hours.
29.5 Penalty rates not cumulative
Except as provided in clause 24—Meal breaks, where time worked is required to be
paid for at more than the ordinary rate such time will be not subject to more than one
penalty, but will be subjected to that penalty which is to the employee’s greatest
advantage.
[2016] FWCFB 7285
15
Attachment A4—Proposed Variations—General Retail Industry Award 2010
[MA000004]
Claim by Australian Retailers Association, National Retail Association and Master
Grocers Association
29 Overtime and penalties
…
29.4 Penalty payments
(a) Evening work Monday to Friday
A penalty payment of an additional 25% will apply for ordinary hours worked
after 6.00 pm. This does not apply to casuals.
(b) Saturday work
A penalty payment of an additional 25% will apply for ordinary hours worked
on a Saturday for full-time and part-time employees. A casual employee must
be paid an additional 10% for work performed on a Saturday between 7.00 am
and 6.00 pm.
(c) Sunday work
A penalty payment of an additional 100% 50% loading will apply for all hours
worked on a Sunday. This penalty payment also applies to casual employees
instead of the casual loading in clause 13.2.
(d) Public holidays
(i) Work on a public holiday must be compensated by payment at the rate of
an additional 150%.
(ii) Provided that by mutual agreement of the employee and the employer,
the employee (other than a casual) may be compensated for a particular
public holiday by either:
(A) An equivalent day or equivalent time off instead without loss of
pay. The time off must be taken within four weeks of the public
holiday occurring, or it shall be paid out; or
(B) An additional day or equivalent time as annual leave.
(iii) The employee and employer are entitled to a fresh choice of payment or
time off by agreement on each occasion work is performed on a public
holiday.
(iv) If no agreement can be reached on the method of compensation, the
default arrangement shall be as per clause 29.4(d)(i).
[2016] FWC 7285
16
30. Shiftwork
…
30.3 Rate of pay for shiftwork
(a) Any shiftwork performed between midnight Sunday and midnight Friday will
be paid at the rate of 130% (155% for casuals) of the ordinary time rate of pay.
(b) Any shiftwork performed on a Saturday will be paid at the rate of 150% (175%
for casuals) of the ordinary time rate of pay.
(c) Any shiftwork performed on a Sunday will be paid at the rate of 200% 175%
(225% 200% for casuals) of the ordinary time rate of pay.
(d) Where an employee elects to work on a public holiday shift then the provisions
set out in clause 29.4(d) will apply for all hours of the shift.
(e) For the purposes of this clause, where a shift falls partly on a public holiday,
the shift which commences on the public holiday will be regarded as the public
holiday shift. Provided that if the employee elects not to work on a public
holiday shift such employee will be entitled to be absent without loss of pay.
(f) Provided that in any shop where it is mutually agreed between an employer and
the majority of employees engaged under the provisions of this clause another
shift may be substituted for the shift which commences on the holiday as the
holiday shift and in such instance the provisions of clause 29.4(d) relating to
such holiday will apply only to the day so substituted.
[2016] FWCFB 7285
17
Claim by Australian Business Industrial and NSW Business Chamber
29 Overtime and penalties
…
29.4 Penalty payments
(a) Evening work Monday to Friday
A penalty payment of an additional 25% will apply for ordinary hours worked
after 6.00 pm. This does not apply to casuals.
(b) Saturday work
A penalty payment of an additional 25% will apply for ordinary hours worked
on a Saturday for full-time and part-time employees. A casual employee must
be paid an additional 10% for work performed on a Saturday between 7.00 am
and 6.00 pm.
(c) Sunday work
A penalty payment of an additional 100% 50% loading will apply for all hours
worked on a Sunday. This penalty payment also applies to casual employees
instead of the casual loading in clause 13.2.
(d) Public holidays
(i) Work on a public holiday (other than by a casual) must be compensated
by payment at the rate of an additional 150% 100%.
(ii) Provided that by mutual agreement of the employee and the employer,
the employee (other than a casual) may be compensated for a particular
public holiday by either:
(A) An equivalent day or equivalent time off instead without loss of
pay. The time off must be taken within four weeks of the public
holiday occurring, or it shall be paid out; or
(B) An additional day or equivalent time as annual leave.
(iii) The employee and employer are entitled to a fresh choice of payment or
time off by agreement on each occasion work is performed on a public
holiday.
(iv) If no agreement can be reached on the method of compensation, the
default arrangement shall be as per clause 29.4(d)(i).
[2016] FWC 7285
18
Attachment A5—Proposed Variations—Fast Food Industry Award 2010 [MA000003]
Claim by Australian Industry Group
25. Hours of work
…
25.5 Penalty rates
(a) Evening work Monday to Friday
(i) A loading of 10% will apply for ordinary hours of work within the
span of hours between 9.00 pm 10.00 pm and midnight, and for
casual employees this loading will apply in addition to their 25%
casual loading.
(ii) A loading of 15% will apply for ordinary hours of work after
midnight, and for casual employees this loading will apply in
addition to their 25% casual loading.
ii. Saturday work
A loading of 25% will apply for ordinary hours of work within the span of
hours on a Saturday, and for casual employees an additional 25% on top of the
casual rate.
iii. Sunday work
(i) A 50% 25% loading will apply for all hours of work on a Sunday
for full-time and part-time employees.
(ii) A 75% 50% loading will apply for all hours of work on a Sunday
for casual employees, inclusive of the casual loading.
[2016] FWCFB 7285
19
Claim by Restaurant & Catering Industrial
25. Hours of work
…
25.5 Penalty rates
(a) Evening work Monday to Friday
(iii)A loading of 10% will apply for ordinary hours of work within the
span of hours between 9.00 pm and midnight, and for casual
employees this loading will apply in addition to their 25% casual
loading.
(iv)A loading of 15% will apply for ordinary hours of work after
midnight, and for casual employees this loading will apply in
addition to their 25% casual loading.
(b) Saturday work
A loading of 25% will apply for ordinary hours of work within the span of
hours on a Saturday, and for casual employees an additional 25% on top of the
casual rate.
(c) Sunday work
(i) A 50% loading will apply for all hours of work on a Sunday for full-time and
part-time employees.
(ii) A 75% loading will apply for all hours of work on a Sunday for casual
employees, inclusive of the casual loading.
(a) Penalty rates for work on weekends and public holidays
An employee working ordinary hours of work on the following days will be paid the
following percentage of the minimum wage in clause 17—Minimum weekly wages
for the relevant classification:
Type of employment Monday to
Friday
Saturday Sunday Public
holidays
% % % %
Full-time and part-time 100 125 125 150
Casual employees 125 150 150 150
[2016] FWC 7285
20
(b) Additional payment for work done between the hours of Midnight and 5.00 am
Monday to Friday
An employee, including a casual, who is required to work any of their ordinary hours
between the hours between midnight and 5.00 am Monday to Friday inclusive, must
be paid an additional shift allowance of 5% per hour worked. For the purposes of this
clause midnight will include midnight Sunday.
30. Public holidays
30.1 Public holidays are provided for in the NES.
30.2 An employer and a majority of employees may agree to substitute another day for a
public holiday. If an employee works on either the public holiday or the substitute
day public holiday penalties apply. If both days are worked, the public holiday
penalties must be paid on one day chosen by the employee.
30.3 Work on a public holiday must be compensated by payment at the rate of 250%
(275% for casual employees).
30.3 Alternate compensation for work on public holiday
An employee other than a casual who works on a prescribed public holiday may, by
agreement, perform such work at the ordinary rates rather than the penalty rate
prescribed in clause 25.5, provided that four hours annual leave is added to the
employee’s annual leave balance or they are given four hours time off in lieu within
four weeks of the public holiday occurring.
[2016] FWCFB 7285
21
Claim by National Retail Association
25. Hours of work
…
25.5 Penalty rates
(a) Evening work Monday to Friday
(i) A loading of 10% will apply for ordinary hours of work within the span of
hours between 9.00 pm 10.00 pm and midnight, and for casual employees
this loading will apply in addition to their 25% casual loading.
(ii) A loading of 15% will apply for ordinary hours of work after midnight,
and for casual employees this loading will apply in addition to their 25%
casual loading.
(b) Saturday work
A loading of 25% will apply for ordinary hours of work within the span of
hours on a Saturday, and for casual employees an additional 25% on top of the
casual rate.
(c) Sunday work
(i) A 50% loading will apply for all hours of work on a Sunday for full-time
and part-time employees.
(ii) A 75% loading will apply for all hours of work on a Sunday for casual
employees, inclusive of the casual loading.
(b) Weekend work
A loading of 25% will apply for ordinary hours of work within the span of
hours on Saturday and Sunday, and for casual employees an additional 25% on
top of the casual rate.
…
26. Overtime
The rate of overtime shall be time and a half for the first two hours on any one day and at the rate of
double time thereafter, except on a Sunday which shall be paid for at the rate of double time and on a
Public Holiday which shall be paid for at the rate of double time and a half. Casual employees shall be
paid 275% on a Public Holiday.
…
Public holidays
30.1 Public holidays are provided for in the NES.
[2016] FWC 7285
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30.2 An employer and a majority of employees may agree to substitute another day for a
public holiday. If an employee works on either the public holiday or the substitute
day public holiday penalties apply. If both days are worked, the public holiday
penalties must be paid on one day chosen by the employee.
30.3 Work on a public holiday must be compensated by payment at the rate of 250%
150% (275% 175% for casual employees, inclusive of the casual loading).
[2016] FWCFB 7285
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Attachment A6—Proposed Variations—Pharmacy Industry Award 2010 [MA000012]
Claim by Pharmacy Guild of Australia
26.2 Overtime and penalty rates
(a) Overtime
Overtime means authorised additional hours performed at the direction of the
employer:
(i) Hours worked in excess of the ordinary number of hours of work
prescribed in clauses 25.2 and 25.3 are to be paid at time and half for the
first two hours and double time thereafter. Overtime worked on a Sunday
is to be paid at the Sunday rate of double time, and overtime worked on a
public holiday is to be paid at the public holiday rate of double time and
half.
(ii) The rates provided by clause 26.2(b) and (c) will not be cumulative on
overtime rates.
(iii) For casual employees the casual loading IS not payable on overtime.
(b) Morning and Evening work Monday to Friday
A loading of 50% (casuals 75%) will apply for hours worked before 8.00 am and a
loading of 25% (casuals 50%) for hours between 7.00 pm to 9.00 pm. A loading of
50% will apply to hours worked from 9.00 pm to midnight (casuals 75%).
(c) Saturday work
A loading of 100% (casuals 125%) will apply for hours worked before 8.00 am, and a
loading of 25% (casuals 50%) will apply for hours of work from 8.00 am to 6.00 pm
on a Saturday. A loading of 50% (casuals 75%) will apply from 6.00 pm to 9.00 pm,
and a loading of 75% (casuals 100%) for hours from 9.00 pm to midnight.
(d) Sunday work
A 100% (casuals 125%) loading will apply for all hours of work on a Sunday.
…
31 Public holidays
31.1 Public holidays are provided for in the NES.
31.2 An employer and the employee may by agreement substitute another day for a public
holiday. Where there is no agreement the employer may substitute another day but
not so as to give an employee less time off work than the employee would have had
if the employee had received the public holiday.
31.3 Work on a public holiday must be compensated by payment at the rate of 250% (casuals
275%) of the minimum rate.
[2016] FWC 7285
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…
X. Additional remuneration
X.1 The employer will pay to an employee the following rates for all ordinary hours worked
during the specified periods:
Hours worked Additional Remuneration
Full-time and part-time
employees
Additional Remuneration
Casual employees
(inclusive of casual
loading)
% of minimum hourly rate
Monday to Friday
Before 7.00 am 150 175
Between 9.00 and midnight 125 150
Saturday
Before 7.00 am 200 200
Between 7.00 am & 9.00 pm 125 125
Between 9.00 pm and midnight 150 150
Sunday
Before 7.00 am 200 200
Between 7.00 am and 9.00 pm 150 150
Between 9.00 pm and midnight 175 175
Public holiday 200 125
