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Changes to the Restaurant Industry Award 2010.

Employment Law ChangesJanuary 8, 2018

Changes to the Restaurant Industry Award 2010. (Last Updated On: January 10, 2018)

The Fair Work Commission has issued changes to the Restaurant Industry Award 2010, which will take effect from the start of the first full pay period starting on or after 1 January 2018.

What are the changes?

The changes to the Restaurant Industry Award 2010 fall broadly into two categories: providing for greater flexibility in rostering of hours for part-time employees and providing for the entitlement to overtime penalty rates by casual employees.

Greater flexibility in rostering of hours for part-time employees.

The new provisions in the award allow for greater flexibility in rostering part-time employee hours. The new provisions provide as follows:

  • at the start of the employment, the employer and part-time employee agree, in writing, on the number of hours of work guaranteed to be provided to that employee (either per week or per roster cycle) and the employee’s availability to work those guaranteed hours
  • the employer then rosters the guaranteed hours within the employee’s availability, providing that the employee must have two days off each week and the employee is not rostered to work more than 11.5 or less than three hours in a day”
  • changes in the number of guaranteed hours can only occur with the written permission of the employee
  • the employee will have a right to request an increase in their guaranteed hours where they have regularly worked more than their guaranteed hours in the preceding 12 months. This request can only be refused on reasonable business grounds
  • if there is a genuine and ongoing change in the employee’s circumstances, they may alter their availability by providing 14 days’ written notice to the employer

If the part-time employee already has a written agreement in place for a regular pattern of work, they are entitled to continue being rostered in accordance with that agreement unless that agreement is replaced with a new one that complies with the above criteria.

Overtime penalty rates for casual employees.

Another change to the award entitles casual employees to overtime penalty rates, specifically providing as follows:

  • overtime penalty rates are payable to casual employees for time worked in excess of 12 hours in a day or 38 hours in a week (or, where they work on a roster, they perform work for more than 38 hours per week averaged over a roster cycle, which cannot be more than four weeks)
  • the relevant overtime rate to be paid is the same as for full-time employees

What do employers do now?

The changes take effect from the start of the first full pay period starting on or after 1 January 2018.

In order to help you ensure you have the most appropriate rates for employees in your organisation, Employsure will have new pay rate schedules available in the new year. These can be found on MyEmploysure Portal.

  • If you are a MyEmploysure Portal user, click here.
  • If you have not yet registered for MyEmploysure Portal, please click here.

For advice on the changes and the updated rates contact Employsure on 1300 651 415.

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