In brief 4 min read
From 1 July 2021, under the General Retail Industry Award 2020 (Award):
- employers may reach an agreement with employees about their regular pattern of work by text message, email or other electronic means; and
- employees may ask for an increase to their guaranteed hours if they have ordinarily worked more hours than their guaranteed hours over the preceding twelve months.
How does this affect you?
- The changes provide retail employers with increased flexibility to offer part-time employees additional hours at their ordinary rate of pay.
- Regular changes to the hours of part-time employees may enable the employee to request a review of their guaranteed hours. Employers should be aware of their obligations to genuinely consider and respond to these requests.
Key takeaways
The Award now makes it clear that at the time of engaging a part-time employee, an employer may agree by text or email with the employee on a regular pattern of work – ie in relation to:
- the number of hours to be worked each particular day of the week (the guaranteed hours);
- the times at which the employee will start and finish work each particular day; and
- when meal breaks may be taken and their duration.
An employer and employee can also now subsequently agree to vary an employee's regular pattern of work by text message, email or other electronic means.
Employees may now ask (in writing, once per year) to increase their guaranteed hours on an ongoing basis, if they have regularly worked more than the guaranteed hours in the preceding 12 months. Employers must respond to the employee's request in writing within 21 days. An employer may refuse the request on reasonable grounds, provided that they have discussed the request with the employee and have genuinely tried to reach an agreement with the employee. The employer is required to provide written reasons for the refusal. Disputes can be dealt with under the dispute resolution provision in the Award.