By Sean Melbourne
Effective 1 January 2018, changes to the General Retail Industry Award 2010 now make overtime payable to casual employees covered by the Award.
Previously, the overtime provisions did not apply to casual employees, but now they do, following the addition of clauses 29.1 and 29.2 into the Award.
Casual employees will be taken to be working overtime where their hours worked are:
- in excess of 38 ordinary hours per week (which could be averaged over the course of a roster cycle);
- outside of the following spread of hours:
- 7am – 9pm Monday to Friday;
- 7am – 6pm Saturday;
- 9am – 6pm Sunday (except where the store is open longer, in which case the ordinary hours of work extend to 11pm);
- in excess of 11 hours on one day of the week and in excess of 9 hours on any other day of the week.
If this occurs, casual employees are entitled to be paid at:
- 175% of the ordinary hourly rate of pay for the first three hours AND
- 225% of the ordinary hourly rate of pay thereafter (inclusive of casual loading).
On a Sunday the overtime rate for casual employees is 225% of the ordinary hourly rate of pay, and on a public holiday is 275% of the ordinary hourly rate of pay (inclusive of casual loading).
Please contact Sean Melbourne for any advice regarding this change.