workplace law

Pendlebury Workplace Law is a specialist workplace relations and employment law legal practice based in Sydney.

Changes to Penalty Rates – more than 100 hearing days

The employer bid to change penalty rates is shaping as a massive case in the Fair Work Commission that will run until late next year, with almost 200 witnesses to be called over Changes Penalty Rates

The Fair Work Commission’s President, Justice Iain Ross, outlined the scale of the case, and set out the timetable for hearings by a specially-constituted full bench under its four-yearly review of modern awards.

Justice Ross said that common evidence on all awards in all industry sectors would be heard first, starting on about 20 July 2015.

Hearings on penalty rates in 4 hospitality awards –

  • Amusement, Events and Recreation Award,
  • Hospitality Industry (General) Award,
  • Registered and Licensed Clubs Award, and
  • Restaurant Industry Award

will start in late August.

The tribunal will then, in late September, turn to 5 retail awards –

  • Dry Cleaning and Laundry Industry Award,
  • Fast Food Industry Award,
  • General Retail Industry Award,
  • Hair and Beauty Industry Award, and
  • Pharmacy Industry Award.

Justice Ross said that common evidence would be relevant to claims in all awards and industry sectors, and will generally be provided by an expert and might include government reports, statistics or social commentary.

He said award or industry-specific evidence will be presented during the hospitality and retail group stages,”Generally, no provision will be made for written evidence in reply and the parties are to rely on oral argument to test any evidence put.  However, an expert witness may be permitted to submit short written responses to any claims that subsequently challenge their evidence.”

Employers seeking to amend the penalty rates in the hospitality and retail awards have to file joint draft variation determinations by 13 February 2015.

Brooke Pendlebury
Monday, December 29, 2014
Casual Employment, Entitlements, News