Retail industry news
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16 February 2010
Posted in
Retail
In a recent decision involving the General Retail Industry Award, the Australian Industrial Relations Commission has again indicated that not all changes resulting from the move to the modern award system will be phased in through complex transitional provisions. In this case the AIRC confirmed that a reduction in ordinary hours, for some employees, from 40 under previous award based instruments, to 38 in the General Retail Industry Award would be effective 1 January 2010.
On 11 February 2010 the Australian Industrial Relations Commission rejected an application by the Baking Industry Association (NSW Employers) to vary the General Retail Industry Award 2010. The New South Wales based employees whose employment had been previously covered by the Pastrycooks & c. (State) Award had, until 1 January 2010, worked a 40 hour week. This meant that overtime rates did not have to be paid for the first 40 hours of work per week during ordinary hours.
The Industry Association argued that transitional provisions should be put in place to phase in the impact of the change. This application was rejected by Vice President Watson who referred to a decision of the Full Bench of the Australian Industrial Relations Commission in the Pastoral Industry Award case refusing to transition a reduction in ordinary hours of work from 40 hours to 38.
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