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Shorter after-school shifts in retail

Update: A Federal Court appeal was lodged on 29 September 2011 to overturn Fair Work Australia’s decision to allow shorter minimum shifts for secondary school students in retail.

The full appeal will be heard in Court in late 2011.

If you would like to implement the decision before the outcome of the Court case, please seek legal advice beforehand.

Fair Work Australia (FWA) has varied the General Retail Industry Award to allow 90 minute after-school shifts for secondary students. The variation applies from 1 October 2011.

A casual employee can now be employed for a minimum 90 minute shift if all of the following applies:

  • the employee is a full time high-school student
  • the work occurs between 3.00pm and 6.30pm on a normal school day
  • the employee and their parent or guardian agrees to the shorter period of work
  • working for 3 hours or more isn’t possible because the employer can’t offer a longer shift or because the employee is unavailable.

If the above does not apply, casual retail employees must still be given at least three hours work per shift.

Our web content in the Retail Industry section will be updated after the hearing to reflect any change.

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Page last updated: 14 October 2011

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