- Published
The Fair Work Commission (FWC) has just kicked off a big review focusing on part-time employment provisions in 11 modern awards. As HR consultants, we know this is important because part-time work arrangements affect so many businesses and workers across industries.
This review is part of the Modern Awards Review 2023–24 and will take a closer look at how part-time employment is defined, managed and paid under the following awards:
- Clerks—Private Sector Award 2020
- Fast Food Industry Award 2020
- General Retail Industry Award 2020
- Hospitality Industry (General) Award 2020
- Manufacturing and Associated Industries and Occupations Award 2020
- Pharmacy Industry Award 2020
- Building and Construction General On-site Award 2020
- Registered and Licensed Clubs Award 2020
- Social, Community, Home Care and Disability Services Industry Award 2010
- Restaurant Industry Award 2020
- Children’s Services Award 2010
The review will cover key issues employers and HR teams deal with every day – like agreed hours, flexibility, minimum and maximum shifts, additional hours, and overtime.
Here’s the important bit, taken directly from the Final Report and the Fair Work Commission’s provisional views:
[3] In the Final Report (of the 23-24 Modern Awards Review), the Full Bench identified that submissions concerning part-time employment were made in the ‘job security’, ‘work and care’ and ‘making awards easier to use’ streams of the Review. Submissions included proposals regarding:
- the varied definitions of part-time employment;
- how provisions impact job security and access to secure work;
- minimum payment periods; and
- proposals for lesser and greater minimum engagement periods.
- Watch this space as these things could change!
[10] As proceedings have been initiated by the Commission, it is necessary to identify the scope of issues for determination. Our provisional view is that proceedings will consider the following:
- Should a standard model for part-time employment (in place of the variety of provisions which currently exist) be established?
- How should part-time employment be defined in modern awards?
- How should part-time employment be distinguished from casual employment?
- How should part-time employees and their employers establish their agreed hours?
- How should these agreed hours be capable of variation?
- Should part-time employment provisions have prescribed daily and/or weekly minimum or maximum hours of work and, if so, what should those minima or maxima be?
- Under what circumstances should part-time employees be able to or be required to work additional hours?
- How will additional hours be authorised and recorded?
- In what circumstances should overtime penalties be payable?
- Should other aspects of part-time employment be considered?
How we can help
If your business is covered by any of these awards, this review could mean changes to how you manage part-time staff, from contracts to rostering to pay.
Important date to keep in mind:
- There’s a directions hearing in Sydney on 3 September 2025 for parties to discuss the case process.
As HR consultants, we’ll keep a close eye on developments and help you prepare for any changes ahead. If you want us to review your current part-time employment arrangements or have questions about what this means for your business, get in touch.
Get in touch with our team today to discuss how we can help.
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