DECISION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Award stage—General Retail Industry Award 2020
(AM2017/60)

4 yearly review of modern awards – award stage – General Retail Industry Award 2020 – substantive issues –determination issued.

[1] In a decision issued on 24 November 2020 1 (November 2020 decision) we determined to vary clause 17.2 of the General Retail Industry Award 2020 (Retail Award) to provide that junior rates apply only to employees classified as levels 1, 2 and 3.

[2] On 23 February 2021 we issued a statement 2 (February 2021 statement) and published a draft determination3 giving effect to the November 2020 decision as well as amending the redundancy clause of the Retail Award to insert a note that was previously omitted in error.

[3] Following receipt of a submission from the Newsagents Association of NSW and ACT, we identified a number of issues in the draft determination which we outlined in a decision on 7 April 2021 4 (April 2021 decision).

[4] In the April 2021 decision we determined to address the issues by amending the draft determination to reflect the current penalty rate for casual employees employed after 6pm Monday to Friday and to include missing footnotes at clauses B.3.2 and B.3.5. The amended draft determination 5 was published in conjunction with the April 2021 decision.

[5] In the April 2021 decision we invited interested parties to comment on the amended draft determination.

[6] We indicated that if no comments were received, we would proceed to issue a final determination varying the Retail Award in accordance with the April 2021 decision. No comments were received.

[7] Accordingly, we will now issue a final determination which will commence operation on 1 May 2021.

PRESIDENT

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 1   [2020] FWCFB 6301

 2   [2021] FWCFB 946

 3   Draft determination, 23 February 2021.

 4   [2021] FWCFB 1833

 5   Draft determination, 7 April 2021.