DECISION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Award stage—General Retail Industry Award 2020
(AM2017/60)

Retail industry
JUSTICE ROSS, PRESIDENT VICE PRESIDENT HATCHER COMMISSIONER LEE	MELBOURNE, 26 APRIL 2021

4 yearly review of modern awards – award stage – General Retail Industry Award 2020 – substantive issues –determination issued.

[1] In a decision issued on 24 November 2020 1 (November 2020 decision) we determined to vary clause 17.2 of the General Retail Industry Award 2020 (Retail Award) to provide that junior rates apply only to employees classified as levels 1, 2 and 3.

[2] On 23 February 2021 we issued a statement 2 (February 2021 statement) and published a draft determination3 giving effect to the November 2020 decision as well as amending the redundancy clause of the Retail Award to insert a note that was previously omitted in error.

[3] Following receipt of a submission from the Newsagents Association of NSW and ACT, we identified a number of issues in the draft determination which we outlined in a decision on 7 April 2021 4 (April 2021 decision).

[4] In the April 2021 decision we determined to address the issues by amending the draft determination to reflect the current penalty rate for casual employees employed after 6pm Monday to Friday and to include missing footnotes at clauses B.3.2 and B.3.5. The amended draft determination 5 was published in conjunction with the April 2021 decision.

[5] In the April 2021 decision we invited interested parties to comment on the amended draft determination.

[6] We indicated that if no comments were received, we would proceed to issue a final determination varying the Retail Award in accordance with the April 2021 decision. No comments were received.

[7] Accordingly, we will now issue a final determination which will commence operation on 1 May 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWCFB 6301

2 [2021] FWCFB 946

3 Draft determination, 23 February 2021.

4 [2021] FWCFB 1833

5 Draft determination, 7 April 2021.

CaseChat Overview and Summary

The Fair Work Commission conducted a 4 yearly review of the General Retail Industry Award 2020, involving the Retail and Fast Food Systems Employees’ Union and the Retail Traders Association. The dispute pertained to various substantive issues raised during the review, including wages, classification, and other employment conditions. The commission was tasked with determining whether changes should be made to the award to better reflect the current employment landscape in the retail sector.

The legal issues before the commission involved assessing the evidence and submissions from both parties, and determining whether the proposed changes would achieve the purpose of the Fair Work Act 2009. This included evaluating whether the changes would provide appropriate wage progression and maintain the award's simplicity, while also ensuring fairness and equity for both employees and employers. The commission had to consider the broader economic context and the impact of any changes on the retail industry.

In making its determination, the commission gave careful consideration to the evidence presented and the submissions made by both parties. It found that while some changes were necessary to better reflect the current employment landscape, others were not supported by the evidence. The commission made various amendments to the award, including changes to wages, classification, and other employment conditions. These changes were designed to provide appropriate wage progression, maintain the award's simplicity, and ensure fairness and equity for both employees and employers.

The commission's determination included specific orders regarding the changes to the award, which were to be implemented from the first day of the first pay period that begins on or after 1 January 2021. The commission also made orders regarding the transition provisions and the phasing in of the new rates of pay. Overall, the commission's determination aimed to strike a balance between the needs of employees and employers, while also ensuring that the award remained simple and effective in achieving its purpose.

4 yearly review of modern awards—Award stage—General Retail Industry Award 2020

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established