This decision by the Fair Work Commission (FWC) is designed to clarify the overtime entitlements for part time employees working outside the roster conditions of the General Retail Award 2010.
The update confirms that if part time employees work outside of the roster conditions the ARE entitled to overtime.
What does ‘outside of the roster conditions’ mean?
Fairwork.gov.au advises that ‘outside of the roster conditions’ in relation to the General Retail Award includes:
For employees who don’t regularly work Sundays:
- working more than 6 days in a row (unless they only work 4 days in a row the next week)
- not getting 2 days off in a row each week (unless they agree not to)
- not getting 3 days off in a row in a fortnight (unless they agree not to)
For employees who do regularly work Sundays:
- not getting 3 days off in a row, that includes a Saturday and Sunday, over 4 weeks (unless they agree not to).
Clause 29.2(b) states that hours worked by part-time employees in excess of the agreed hours in clause 12.2 (agreed in writing regular pattern of work) or as varied under clause 12.3 (written variation of the regular pattern of work) will be paid at time and a half for the first three hours and double time thereafter.
This is general information only and does not take your specific circumstances into account.