New Overtime Entitlements
Casual hair and beauty workersThe Fair Work Commission has introduced changes to overtime entitlements for casual employees working in the hair and beauty industry. Casual employees will now be entitled to overtime pay when they work:
over 38 hours per week, or more than 38 hours a week averaged over a roster cycle
over 10.5 hours in a day
The changes apply from the first full pay period starting on or after 1 January 2018.
Do the changes apply to me?
The changes apply to employers and employees who get their entitlements from the Hair and Beauty Industry Award 2010 (MA000005).
Casual fast food workers
The Fair Work Commission has introduced changes to overtime entitlements for casual employees working in the fast food industry. Casual employees will now be entitled to overtime pay when they work:
over 38 hours per week, or more than 38 hours a week averaged over a roster cycle
over 10.5 hours in a day
The changes apply from the first full pay period starting on or after 1 January 2018.
Do the changes apply to me?
The changes apply to employers and employees who get their entitlements from the Fast Food Industry Award 2010 (MA000003).
Casual retail workers
The Fair Work Commission has introduced changes to overtime entitlements for casual employees working in the retail industry. Casual employees will now be entitled to overtime pay when they work:
over 38 hours per week, (averaged over a roster cycle)
outside the spread of ordinary hours (see clause 27.2)
over 11 hours on one day of the week and more than 9 hours on any of the other days
The changes apply from the first full pay period starting on or after 1 January 2018.
Do the changes apply to me?
The changes apply to employers and employees who get their employment entitlements from the General Retail Industry Award 2010 (MA000004).
New Overtime Rates
Hospitality workers (part-time and casual)
The Fair Work Commission has announced changes for part-time and casual employees in the hospitality industry.
The changes will apply from the first full pay period starting on or after 1 January 2018.
Do the changes apply to me?
The changes apply to employers and employees who get their entitlements from the Hospitality Industry (General) Award 2010 (MA000009).
What are the changes?
Part-time employees
Part-time employees will now have to be given at least 8 ordinary hours of work per week.
There are new rules for rostering part-time employees which include:
a requirement for employers and employees to agree on the minimum number of hours to be worked each week and the times the employee is available to work (this does not apply to employees who wish to continue on their current part-time hours agreement)
additional requirements for changing an employee’s availability or minimum hours of work agreement
restrictions on when hours can be rostered i.e. during the employee’s available times and must include 2 days off a week.
The changes allow part-time employees to be rostered on extra hours during their availability period without getting paid overtime.
However, the times when overtime applies have been changed. Part-time employees will now get overtime pay when they work:
over 38 hours per week (averaged over a roster cycle)
more than the maximum daily limits (see clause 29.2)
more than their rostered hours
Casual employees
The changes introduce overtime entitlements for casual employees. They will now be entitled to overtime pay when they work:
over 38 hours per week (averaged over a roster cycle)
more than 12 hours for a shift or per day.
What do I need to do?
Make sure you’re familiar with the new rules before they come into effect. Check the ‘Find out more’ section below for links to where you can get more information.
Restaurant employees (part-time and casual)
The Fair Work Commission has announced changes for part-time and casual employees working in the restaurant industry.
The changes will apply from the first full pay period starting on or after 1 January 2018.
Do the changes apply to me?
The changes apply to employers and employees who get their entitlements from the Restaurant Industry Award 2010 (MA000119).
What are the changes?
Part-time employees
Part-time employees will now have to be given at least 8 ordinary hours of work per week.
There are new rules for rostering part-time employees which include:
a requirement for employers and employees to agree on the minimum number of hours to be worked each week and the times the employee is available to work (this does not apply to employees who wish to continue on their current part-time hours agreement)
additional requirements for changing an employee’s availability or minimum hours of work agreement
restrictions on when hours can be rostered i.e. during the employee’s available times and must include 2 days off a week.
The changes allow part-time employees to be rostered on extra hours during their availability period without getting paid overtime.
However, the times when overtime applies have been changed. Part-time employees will now get overtime pay when they work:
over 38 hours per week (averaged over a roster cycle)
more than the maximum daily hours (see clause 31.2)
more than their rostered hours
Casual employees
The changes introduce overtime entitlements for casual employees. They will now be entitled to overtime pay when they work:
over 38 hours per week (averaged over a roster cycle)
more than 12 hours for a shift or per day
What do I need to do?
Make sure you’re familiar with the new rules before the changes come into effect.
Club employees (part-time and casual)
The Fair Work Commission has announced changes for casual and part-time employees who work in registered and licensed clubs.
The changes will apply from the first full pay period starting on or after 1 January 2018.
Who do the changes apply to?
The changes apply to employers and employees who get their entitlements from the Registered and Licensed Clubs Award 2010 (MA000058).
What are the changes?
Part-time employees
Part-time employees will now have to be given at least 8 ordinary hours of work per week.
There are new rules for rostering part-time employees which include:
a requirement for employers and employees to agree on the minimum number of hours to be worked each week and the times the employee is available to work (this does not apply to employees who wish to continue on their current part-time hours agreement)
additional requirements for changing an employee’s availability or minimum hours of work agreement
restrictions on when hours can be rostered i.e. during the employee’s available times, not less than 3 or more than 12 hours per day and must include 2 days off a week.
The changes allow part-time employees to be rostered on extra hours during their availability period without getting paid overtime.
However, the times when overtime applies have been changed. Part-time employees will now get overtime pay when they work:
over 38 hours per week (averaged over a roster cycle)
more than their rostered hours.
Casual employees
The changes introduce overtime entitlements for casual employees. They will now be entitled to overtime pay when they work:
over 38 hours per week (averaged over a roster cycle)
more than 12 hours for a shift or per day.
Casual employees are also entitled to the overtime meal allowance.
What do I need to do?
Make sure you’re familiar with the new rules before they come into effect. Check the ‘Find out more’ section below for links to where you can get more information.
If you have any questions regarding the changes, please call the Employer Assistance Team on 1300 731 988. CCIQ pay guides and modern awards will be updated to reflect the recent changes. Members can access pay guides and modern awards through the membership portal www.cciq.com.au
If you are not sure about your obligations regarding parental leave, contact the Employer Assistance team on 1300 135 822.