APPLICATION LODGED TO ABOLISH SOME JUNIOR RATES IN 3 AWARDS

In June 2024, the Shop Distributive and Allied Employees’ Association (SDA) applied to the Fair Work Commission (FWC) to abolish junior pay rates for half a million young workers.
 
The application seeks to apply the full adult rates to all workers 18 years or older, covered by the following awards:

• General Retail Industry Award
• Fast Food Industry Award
• Pharmacy Industry Award

Business groups have blasted the application, labelling it as ‘unrealistic’ and ‘catastrophic’.  Further they advised that taking on a worker with minimal experience requires extra risk and extra effort - they do not have the life experience that older adults have. Having no junior pay rates would make hiring young people far less attractive to businesses.
 
The FWC, on 1 July 2024, provided directions that any parties supporting the SDA application should file a submission by Tuesday 29 October 2024. Any party opposing the SDA application should file and outline of submission by 11 March 2025.
 
At this stage there has been no actual change to junior rates.
 
We will keep you updated as the application goes through the Fair Work process.

REMINDER: SPECIAL AWARD RATES FOR JUNIORS WORKING AROUND ALCOHOL

Some awards that entitle juniors to be paid special rates for selling and serving alcohol are:

• Hospitality Award
• Restaurant Award
• Clubs Award

It is recommended you check your award to see if juniors serving liquor are paid at adult rates.
 
Juniors covered by these awards who sell or serve alcohol, including as part of their general waiting duties, have to be paid the adult rate for their classification regardless of their age.
 
Examples of when special rates may apply, include when a junior employee:

• sells alcohol to a seated customer in a restaurant
• pours alcohol drinks for service
• takes an order for alcohol from a customer
• delivers alcohol (poured by bar staff) to a customer
• hands an alcohol beverage to a customer at the register
• sells alcohol to customers in a casino

Each state and territory regulates the training requirements for responsible service of alcohol.

PUSH FOR 5 WEEKS ANNUAL LEAVE

The SDA and ACTU have advanced a push to increase the standard annual leave entitlement for all permanent employees from 4 weeks to 5 weeks per annum.
 
This proposal is in its infancy and there has been no change at this point.
 
We will keep you updated as the debate unfolds.



AWARD CHANGES

Awards are regularly updated by the Fair Work Commission (FWC). A major change to an Award can include changing entitlements, responsibilities and conditions for employers and employees covered by an Award.
 
Recent changes include:

• 05/07/2024 - Changes to rosters and overtime in General Retail Industry Award, refer link for further information.
• 01/07/2024 - the Fair Work Commission has inserted a delegates rights term into Modern Awards.

Keep up to date. 
Contact us if you wish to be informed about any workplace changes that may affect you.

EMPLOYMENT RECORDS

If you employ people, you have to keep employment records. You are legally required to keep some employment records for 7 years, such as:

• employee details including information about pay, leave and hours of work
• reimbursement of work-related expenses
• workers compensation insurance for each employee
• superannuation contribution amounts

Whilst not all employee records have to be kept, it is best practice to keep other records to provide a full employment history. These include:

• resumes and job applications
• performance reviews
• trade or registration certificates.

For further information, refer to Fair Work Ombudsman fact sheet link on record keeping and pay slip requirements.
 

WORKPLACE MYTHS

MYTH: Employees must work for you for 12 months before they accrue leave.
FACT:  All leave starts to accrue as soon as an employee commences work.
 
MYTH: You can fire an employee without notice, during their probation period.
FACT:  Full time or part time employees on probation, 3 or 6 months, must get at least 1 week’s written notice (unless they are fired for serious misconduct). The employer must also follow proper process.