Retail Award - Changes to minimum break times between shifts!

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Calling all Employees and Employers covered by the Retail Award!

From 14 May 2024 the Fair Work Commission introduced changes to the Retail Award, regarding the pay rate for employees when they don't get the minimum break between shifts.

Key Changes:

If an employee works a shift without getting a 12 hour break between their next shift, the employee will receive a higher pay rate. To note, the break time can be reduced to 10 hours by mutual agreement.

For any time worked without the necessary break the employees will be paid:

Permanent employees

200% of the employees minimum hourly rate
225% of the employees minimum hourly rate if on a public holiday

Casual employees

receive casual loading, calculated on their minimum hourly rate

This pay rate will apply until the employee gets their minimum break between shifts.

Curious how this works? Example below

Georgia is a part-time employee working in a Fashion store. Each week Georgia works the following hours:

Monday - 3:00pm - 8:30pm

Tuesday - 8:30am - 3:30pm

Wednesday - 9:00am - 2:00pm

On Monday, Georgia is asked to stay back to 9:30pm. The following morning Georgia starts at 8:30am. As there is no mutual agreement for a shorter minimum break period between Georgia and the Employer, Georgia will receive 200% of their minimum hourly rate because they does not have a 12 hour break between shifts.

To note, if the Employer had asked Georgia to start later on Tuesday morning to ensure the minimum break applies, Georgia would still be paid from the time they usually starts work until the conclusion of their shift at the ordinary pay rate.

For more information click on the resources below:

If you would like to discuss these changes with our team please contact us via [email protected] and someone will be in touch!

Author: Jess Roughsedge (HR Officer)

Retail Award - Changes to minimum break times between shifts!

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