Due to the unprecedented impact COVID-19 has had on businesses across Australia, the Fair Work Commission has made very practical changes to the Fast Food Industry Award 2010 (the Award) to enable businesses to continue operating.
What Are The Changes?
Jobkeeper payment definition has been added to the definitions section of the Award
A new Schedule H- Award Flexibility has been added to the Award.
Part-time Employment:
A part-time employee must work at least 8 hours and less than 38 hours per week. Previously, there was no minimum hours of work per week for a part time employee
A part time employee can work additional hours to their guaranteed hours; however, these hours will be subject to certain rules. Specifically, the employee can retract consent for any agreed additional hours with 14 days written notice, they can refuse additional hours when asked at the outset and overtime rates will apply as per usual
If the employer hires a part time employee during the operation of Schedule H, the employee will convert to casual automatically when this schedule ceases operation. Unless the employer and employee agree that the employee will be part time beyond this point, and it is confirmed in writing.
Annual leave:
An employer may request in writing that an employee take a period of paid annual leave.
An employer must consider the employees’ individual circumstances and provide, at least 72 hours notice of such request.
The employee cannot unreasonably refuse if taking the leave does not leave them with less than 2 weeks of annual leave. If it does leave them with less than two weeks, the employee may reasonably refuse to take their annual leave.
This can only be enacted for reasons relating to COVID-19 which must be reasonable in the circumstances or Government initiatives relating to COVID-19.
Who Can Utilise Schedule H?
This section will only apply to employers and employees who are not eligible for Jobkeeper payments.
How Can Employsure Help?
Not a client? If you need help understanding and implementing these changes, please contact Employsure on 1300 651 415 and we can give you free, initial advice on this topic. If you’d like more help implementing these changes in your business and are interested in ongoing support, Employsure can help you.
Employsure clients affected by the changes to the Fast Food Industry Award have been notified of these changes by email. Get in contact with Employsure if you have any trouble understanding or implementing these changes.