Development in after-school retail shifts case

There has been progress in the matter before Fair Work Australia (FWA) to allow 90 minute after school shifts in retail. 90 minute shifts may be allowed, once FWA has varied the award.

The National Retail Association made the initial application to FWA on 8 October 2010 to vary the General Retail Industry Award 2010 [MA000004] External link icon.

The current draft determination allows casual employees who are also secondary school students to work for a minimum 90 minutes, rather than the usual 3 hour minimum that other retail employees have to be offered to work. This allows school students to do shorter shifts after school.

FWA granted the change, but delayed the decision on 29 June 2011 after an appeal by the Shop, Distributive and Allied Employees Association (SDA). The after school retail shifts decision was put on hold until the appeal was determined or further orders were issued.

FWA rejected the SDA’s appeal on 14 September 2011, and 90 minute shifts for secondary school students will be allowed once the General Retail Industry Award 2010 is varied.

Decision has not taken effect yet

The after school retail shifts decision is still in draft form only and has not taken effect. Retail employers must still continue to roster all employees for at least 3 hours work until the General Retail Industry Award 2010 has been varied.

We will update you when the variation takes effect.

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Page last updated: 15 Sep 2011