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Fair Work Commission reserves penalty rate case decision

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By Chao Ni, Senior Associate, MST Lawyers

The Fair Work Commission (“FWC”) full bench has reserved its penalty rates decision affecting the retail, food and hospitality industries after the conclusion of hearings on 15 April 2016.¬†

The decision is likely to be delivered after the Federal election on 2 July 2016. 

Ex-FWC Commissioner and former union head Michael Roberts commented that said that to promote employment, Sunday penalties should be brought in line with the same rate as Saturday penalties and that cuts to Sunday penalty rates are “inevitable”.

The decision will affect the following modern 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
  • Hair and Beauty Industry Award 2010
  • Pharmacy Industry Award 2010

Employers covered by these modern awards may be wise to see the outcome of the penalty rate decision before implementing any new enterprise agreement.

For further information please contact our experienced Employment Law and Workplace Safety team by email workplace@mst.com.au or by telephone Ph: +61 3 8540 0200.