On Friday, 5 July 2024 the Fair Work Commission handed down a decision in an ongoing matter to address uncertainty in the General Retail Industry Award 2020 (Retail Award). The Decision took effect immediately.

What has changed?

The changes occurred in:  Clause 15.7 and 21.2 of the Retail Award 

Clause 15.7
Previously, clause 15.7(c) stated:
"The employer may roster an employee to work ordinary hours on 6 days in one week if the employee is rostered to work ordinary hours on no more than 4 days in the following week."

Following the decision, and effective from 5 July 2024, clause 15.7(c) now reads:
"The employer may roster an employee to work ordinary hours on 6 days in one week per two-week cycle, provided that in the other week of that cycle the employee is rostered to work ordinary hours on no more than 4 days."

Clause 21.2
As a result of the Decision, a number of clauses 21.2(a), 21.2(b), and 21.2(c) of the Retail Award have been deleted and replaced with a table (refer below) for better readability and usability. 
The new clause 21.2(a) is as follows:

An employer must pay an employee overtime for hours worked in accordance with the below:  Table 10—Application of overtime (extracted from the General Retail Industry Award):

Table 10	Application of Overtime
Column 1  Type of Event	Comun 2 When an employer must pay overtime
Full-time employee	Overtime is payable for hours worked:  in excess of the ordinary hours of work; or  outside the span of ordinary hours (excluding shiftwork), subject to clause 15.2; or  outside the roster conditions prescribed in clause - Ordinary hours of work and rostering arrangements
Part-time employees	Overtime is payable for hours worked:  in excess of their guaranteed hours as agreed in clause 10.5 (a) or as varied under clause 10.6 or clause 10.11; or  outside the span of ordinary hours (excluding shiftwork), subject to clause 15.2.
Casual employee	Overtime is payable for hours worked:  in excess of 38 ordinary hours per week or, if the casual employee works in accordance with a roster, in excess of 38 ordinary hours per week averaged over the course of the roster cycle; or  outside the span of ordinary hours (excluding shiftwork), subject to clause 15.2; or   in excess of 11 hours on one day of the week and in excess of 9 hours on any other day of the week.

The above determinations took effect immediately on 5 July 2025, however, according to section 165(3) of the Fair Work Act 2009 (Cth), the changes to the Retail Award will only apply to a particular employee from the start of their first full pay period beginning on or after 5 July 2024.

To see the Determination from Fair Work, please click here 
To view the General Retail Industry Award please click here