Part-time flexibility provisions in the GRA MGA advocating for our members

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Part-time flexibility provisions in the GRA

MGA advocating for our members

MGA has contributed significantly to advancing our Members’ interests in respect of flexibility in rostering part-time employees. As an extension of our work as part of Christian Porter’s Working Groups, we understand that achieving part-time flexibility would enable members to offer current part-time employees additional hours of work with ease, as well as support de-casualisation of the workforce.

In early 2021, MGA and the ACTU jointly applied to the FWC to insert a schedule in the General Retail Industry Award 2020 (the GRA) to enable parttime employees to work additional hours at ordinary rates of pay. After numerous submissions and significant discussions with the FWC, the FWC published an amendment to the GRA, which enables Members to provide part-time employees additional hours of work at the ordinary rate of pay, subject to compliance with procedural requirements.

The new part-time flexibility clauses inserted into the GRA took effect from Members’ first full pay period commencing on or after 1 July 2021.

New part-time flexibility clauses

The new part-time flexibility clauses enable Members to provide part-time employees with additional hours of work more easily.

This is achieved by permitting Members and their part-time employees to

temporarily vary employees’ agreed hours of work on a single-shift basis. This means that Members and employees can mutually agree that the employee will work additional hours of work on a particular shift, which is payable at the ordinary rate of pay (not overtime rates).

Members are advised that such additional hours of work at ordinary rates must include any penalty rate applicable.

Compliance with procedural requirements

Should Members wish to utilise the part-time flexibility clause in the GRA in respect of additional hours worked on a particular shift, Members must ensure that the following is complied with: • a written agreement is entered into between the Member and the individual part-time employee to temporarily vary the employee’s regular pattern of work (note – emails, text messages or other electronic communications or electronic records are sufficient); • the written agreement is entered into before the end of the affected shift; • as a result of working the additional hours, the part-time employee has not worked 38 or more ordinary hours per week;

• that the Member keeps a copy of the written agreement; and

• that the Member gives a copy of the written agreement to the employee if requested.

It is best practice and highly recommended that the written agreement should also specify that the additional hours worked pursuant to the agreement are payable at ordinary rates, including any penalty rates.

Next steps

The Legal and IR Team can assist Members with any queries on the part-time flexibility provisions, including providing template variation letters to comply with the procedural requirements of the provisions. We are contactable on 1800 888 479.