Changes to the Retail Award

The Fair Work Commission has handed down a decision about the Retail Award which clarifies overtime entitlements for part-time employees.

The decision confirms that part-time employees are entitled to overtime if they work outside the roster conditions in the award.

What does the decision mean?

This means that part-time employees get overtime rates if they work:

  • more than the maximum number of ordinary hours of work (per day or per week)
  • outside the spread of ordinary hours
  • outside their agreed times of work
  • more than their agreed hours
  • outside the roster conditions.

Outside the roster conditions

Outside the roster conditions 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).

Which resources have been updated?

Our industry filtered content on the When overtime applies page has been updated to reflect these changes. You can access the information by selecting the Retail industry in the filter.

More information

For more information, read the Fair Work Commission decision external-icon.png and clause 29.2(a) of the Retail Award.

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