By Catherine Ngo Senior Editor and Content Writer, My Business

In response to the Fair Work Commission's (FWC) initiative, industry organisations like the Australian Retailers Association (ARA) have expressed their support for a comprehensive review of the integration of part-time provisions into the awards system. This review could influence how business’s structure working arrangements with their employees, leading to changes.

The FWC released its final report from the 2023-2024 Modern Awards Review. The report identified areas in the award system that require further attention, including handling part-time work.

The FWC concluded that the current approach to part-time work in the awards system warrants a second look. This could significantly affect retail, hospitality, and food service businesses.

A comprehensive review, starting in 2025, will evaluate the management of part-time work in seven commonly utilised awards:

  • Children's Services Award 2010
  • Clerks – Private Sector Award 2020
  • Fast Food Industry Award 2020
  • General Retail Industry Award 2020
  • Hospitality Industry (General) Award 2020
  • Restaurant Industry Award 2020
  • Social, Community, Home Care and Disability Services Industry Award 2010.

 

The Fair Work Commission (FWC) announced a review of part-time employment arrangements in Australia. The review will analyse factors such as the establishment of working hours in part-time arrangements, including the days, hours, and finishing times of those arrangements. Additionally, the review will examine the circumstances under which these arrangements can be altered.

The primary objective of the review, as stated by the FWC, is to consider the normalisation of standards across commonly used awards and establish a standard model for part-time employment. The goal is to eliminate variations in provisions across industries and occupations unless there are compelling reasons to do so.

By conducting this review, the FWC aims to replace the existing diverse provisions with a standard model for part-time employment, ensuring consistency and fairness in working arrangements for part-time employees across the country.

 

Advocacy groups encourage re-evaluation.

In response to the Fair Work Commission's (FWC) recent announcement of a comprehensive review of part-time work arrangements, the ARA, representing many small businesses reliant on the General Retail Industry Award 2010 (GRIA), has expressed support.

In a statement, Paul Zahra, CEO of the ARA, highlighted the association's long-standing advocacy for increased flexibility in part-time work arrangements for both employees and employers. The ARA's submission to the 2023-2024 FWC review recommended amendments to the GRIA to ensure part-time work is readily available and viable throughout the retail sector.

Zahra emphasised that the ARA's plan includes several proposals to provide flexibility for part-time workers. While the FWC initially intended to focus solely on the GRIA, it recognised that the challenges extend beyond retail. This broader focus presents an opportunity for a strategic and holistic review of part-time arrangements across the entire economy.

Other industry stakeholders have also welcomed the chance to reconsider how part-time work is handled in workplace awards. Michele O'Neil, president of the Australian Council of Trade Unions, framed the matter as "roster justice," aiming to simplify the negotiation process for workers seeking part-time hours.

 

WFH Provisions Under Review

The Fair Work Commission (FWC) is considering whether and how WFH provisions can be incorporated into the Clerks Award. During its 2023-2024 review, the FWC heard that many clerks work from home but negotiate allowances with their employers individually.

The FWC intends to develop a term to facilitate workable arrangements for WFH and remove any existing award barriers to such arrangements. This term could serve as a model for incorporation into other awards, potentially establishing fundamental rights and responsibilities for WFH at a foundational level.

However, industry groups have expressed opposition to such a proposal. The Australian Chamber of Commerce and Industry argues that industry-wide "rights" to work from home are inappropriate and should be negotiated through enterprise bargaining or arise organically in different workplaces or industries.

The FWC's new proceedings on WFH provisions are scheduled to begin next month. The outcome of these proceedings could have significant implications for future WFH arrangements for employers and employees.