General Retail Industry Award employment types, rostering, and breaks
The General Retail Industry Award 2020 is essential in shaping employment structures and workplace conditions within Australia's retail sector. This award covers a broad spectrum of employees, especially those involved in retail sales, customer service, and store management.
It’s important for employers to comprehend the various employment categories outlined in this award and to follow the detailed guidelines it sets for scheduling work hours. The award's provisions for breaks and rest periods, along with the rules for shiftworker rostering, are vital for ensuring compliance and promoting the well-being and efficiency of retail employees. This article will provide you with an in-depth understanding of the specific expectations and requirements that regulate employment under the General Retail Industry Award.
General Retail Industry Award employment types
Understanding the employment classifications within the General Retail Industry Award is critical for ensuring effective management and compliance. This award categorises employees based on their contract types and the consistency of their work hours, offering specific guidelines for various employment scenarios and regulations.
The General Retail Industry Award outlines three main types of employment:
- Full-time: Employees on ongoing contracts, typically working 38 hours each week. This ensures job stability and regular schedules.
- Part-time: Employees who work fewer hours compared to full-time staff, with guaranteed hours specified in their contracts. They retain continuous employment status and receive benefits proportional to their hours worked.
- Casual: Employees engaged on an as-needed basis, without guaranteed hours. They receive a higher hourly rate to compensate for the lack of regular hours and job security.
Additionally, the award also includes provisions for:
- On-hire employees: Workers hired through recruitment agencies who perform duties in retail settings. Their classification as casual, part-time, or full-time depends on their hours and the terms set by the agency.
- Trainees/apprentices: Individuals in programs that combine practical work experience with structured education. Their employment status (full-time or part-time) is determined by the terms of their training contracts.
Ordinary hours under the General Retail Industry Award
Ordinary hours refer to the standard hours of work agreed upon, typically excluding overtime. The General Retail Award outlines specific guidelines for ordinary working hours across various employment categories in retail settings.
Ordinary hours
Notes
Full-time
38 hours a week
An evaluation must be conducted in each establishment to determine the most suitable arrangement for scheduling the 38 ordinary hours per week.
Either the employer or the employee can initiate an evaluation, but it can only be conducted once per year.
Part-time
Under 38 hours a week
The minimum period of engagement of a part-time employee is three hours.
Casual
Up to 38 hours a week
The minimum daily engagement for a casual employee is three hours, or one and a half hours under specific conditions.
These conditions include if the employee is a full-time secondary school student working between 3:00 PM and 6:30 PM on a school day, has parental approval to work fewer than three hours, and when a longer work period isn’t feasible due to the employer's operational needs or the student's unavailability.
On-hire
As per the contract with the hire agency
Conditions should reflect those of directly employed staff who perform comparable roles.
Apprentice/trainee
Typically aligns with full-time or part-time hours
The specifics are determined by the training requirements and the agreements made with the employer.
The General Retail Award also stipulates other conditions for full-time and part-time employees:
- Regularity and schedule: Before commencing part-time employment, the employer and the employee must agree in writing on a regular pattern of work. This agreement should specify the guaranteed number of hours worked each day, the days of the week the employee will work, and the starting and finishing times for the work.
The employer and employee can mutually agree to change the regular work pattern, either temporarily or permanently, starting from a future date or time. This agreement must be documented in writing. - Span of hours: Ordinary hours may be worked by an employee from Monday to Friday between 7:00 am and 9:00 pm, on Saturday between 7:00 am and 6:00 pm, and on Sunday between 9:00 am and 6:00 pm. However, ordinary hours may start at 5:00 am in a newsagency, extend until midnight in a video shop, or go until 11:00 pm any day if the retailer's trading hours extend beyond 9:00 pm on weekdays or 6:00 pm on weekends. Ordinary hours of work each day are continuous, except for rest and meal breaks.
- Maximum ordinary hours: Subject to clause 15.5, the maximum number of ordinary hours that can be worked on any day is nine. Clause 15.5 states that an employer may roster an employee to work up to 11 ordinary hours on one day per week.
Tips for effective management of work hours
To optimise productivity and ensure compliance with the General Retail Industry Award, consider these strategies:
- Monitor work hours: Ensure precise recording of employee hours to avoid surpassing the set limits for regular work hours. Use robust tracking systems to help supervisors monitor and rectify any discrepancies, maintaining adherence to all employment types under the award.
- Flexible scheduling: Implement adaptable scheduling solutions that cater to both business operations and employee preferences. This approach helps employees balance personal obligations with their job duties, fostering a positive work-life balance.
- Regular reviews: Conduct regular audits of work-hour logs to spot any unusual patterns that might lead to compliance issues. Make proactive adjustments to schedules to prevent any potential violations, ensuring a harmonious balance between business needs and employee well-being.
- Communication: Encourage an environment where employees feel at ease discussing their work schedules. Keep an open line of communication about any changes or decisions impacting work hours to ensure clarity and mutual consent.
General Retail Industry Award rostering
Rostering is the process of scheduling employees’ work shifts and hours.
The General Retail Award establishes clear guidelines for creating and managing employee rosters, ensuring both fairness and compliance. Please note that the award outlines a unique set of rostering requirements for shiftworkers.
Roster management
Notes
Ordinary hours arrangement for full-time employees
Full-time employees may be rostered to work in various ways to meet the average of 38 hours per week, such as working 38 hours per week, 76 hours over two consecutive weeks, 114 hours over three consecutive weeks, 152 hours over four consecutive weeks, or an average of 38 hours per week over a longer period as agreed.
Ordinary hours arrangement for part-time employees
A part-time employee's regular pattern of work can be altered by the employer (this is different to a change to a regular pattern of work by agreement) with a written notice given seven days in advance, or 48 hours in case of an emergency.
However, the regular work pattern mustn’t be changed from week to week or fortnight to fortnight to avoid any award entitlements. If such changes are made, the employee must be compensated for any award entitlements, as if the regular work pattern had remained unchanged.
Breaks
The timing and duration of rest and meal breaks are to be included in the roster and are subject to the roster provisions of this award.
Notice periods
The award doesn’t stipulate the notice period in which the roster is to be posted.
However, roster changes due to unexpected operational requirements must be mutually agreed upon. Permanent roster changes require at least seven days' written notice, which can be extended to 14 days if the employee disagrees.
Any disputes about roster changes can be resolved according to the dispute resolution clause.
Roster flexibility
The General Retail Award allows for rostering flexibility as necessary. Employers and employees in this industry can mutually agree to vary the application of specific terms related to work hours to meet the genuine needs of the operations and the individuals involved.
Flexible working requests
Employees have the right to request flexible working arrangements for various reasons, such as family obligations. The award mandates that employers carefully consider these requests in line with the National Employment Standards (NES), permitting rejection solely on reasonable business justifications.
Rostered days off
The employer mustn’t roster an employee to work ordinary hours on more than five days per week, except as provided by certain conditions allowing six days in one week if the employee is rostered for no more than four days in the following week.
Consecutive days off: Employees must be rostered to have two consecutive days off per week or three consecutive days off per two-week cycle. Different arrangements must be mutually agreed upon in writing. The employee can terminate the arrangement with four weeks’ notice. The maximum number of consecutive days an employee may work is six.
Employees regularly working Sundays: Employees who regularly work Sundays must be rostered to have three consecutive days off, including Saturday and Sunday, per four-week cycle. Different arrangements must be mutually agreed upon in writing, and the employee can terminate with four weeks’ notice.
Substitution of rostered days off: With the agreement of the majority of affected employees, an employer may substitute another day or half-day for a rostered day or half-day off under specific circumstances, such as machinery breakdowns, power shortages, unexpected work spikes, or other emergencies.
Rostered days off can also be banked up to five days per year by mutual agreement, to be taken at a convenient time.
Roster periods
A roster period cannot exceed four weeks except by specific agreement. The work roster must be available to all employees, either displayed on a notice board or accessible electronically.
Strategies for effective roster management
Effective roster management under the General Retail Award can be complex due to its extensive specific requirements and the need to balance operational demands with employee well-being. Here are several strategies tailored to the unique challenges presented by the General Retail Award:
- Advance planning: Develop rosters well in advance to ensure adequate staffing and minimise disruptions. This provides predictability and helps maintain a balanced workload, essential for meeting the operational needs of retail establishments.
- Employee input: Involve employees in the rostering process by discussing preferred working times and accommodating personal requests where possible. This can increase job satisfaction and retention, contributing to a more harmonious workplace.
- Flexible rostering options: Use the flexibility offered by the award to adjust shift lengths and schedules to handle unexpected workload increases or cover staff shortages. This flexibility can help maintain smooth operations even during peak periods or unforeseen circumstances.
- Regular reviews: Periodically review the effectiveness of rosters to ensure they meet operational demands and support employee welfare. Adjust schedules as necessary to maintain efficiency and employee satisfaction, prevent burnout, and promote a healthy work-life balance.
- Clear communication: Maintain transparent and ongoing communication about rostering policies. Clearly document and communicate any changes to the roster to all affected employees, ensuring everyone is informed and prepared. This transparency helps build trust and reduces potential conflicts.
- Training for managers: Equip managers with the necessary skills and knowledge to manage rosters effectively under the award. Training should cover the specifics of the General Retail Industry Award, including proper management of work hours, handling change requests, and ensuring compliance with all relevant regulations.
General Retail Award breaks and rest periods
Breaks and rest periods are designated times during a work shift when employees are allowed to rest, eat, or attend to personal needs.
This section outlines the entitlements and rules surrounding rest and meal breaks for general retail award sector employees, ensuring adequate rest and compliance with work schedule norms. Note that different rules may apply for shiftworkers.
Details
Notes
Unpaid meal breaks
A meal break of 30 to 60 minutes must be taken no later than five hours after starting work or resuming work after a previous meal break.
Meal breaks don’t count as time worked. They can’t be scheduled within the first or last hour of work.
Paid rest breaks
Rest break entitlements are based on hours worked per shift.
Four or five hours: One 10-minute paid rest break
More than five but less than seven hours: One 10-minute paid rest break (in addition to an unpaid meal break)
Seven or more but less than 10 hours: Two 10-minute paid rest breaks - one in the first half of the shift and one in the second half (in addition to an unpaid meal break)
10 or more hours: Two 10-minute paid rest breaks - one in the first half of the shift and one in the second half (in addition to an unpaid meal break)
Rest breaks count as time worked.
They must be meaningfully placed during work hours to provide relief.
Rest breaks can't be taken within the first or last hour of work.
Employees who work less than 4 hours in a shift aren’t entitled to a paid rest break.
Combined breaks
Not applicable
Employees mustn’t be required to combine rest breaks with meal breaks.
Rest between work periods
An employee must have a minimum break of 12 hours between finishing work on one day and starting work on the next. If an employee starts work again without having had 12 hours off, the employer must pay the employee at 200% of the minimum hourly rate until the employee has a break of 12 consecutive hours.
The employee mustn’t suffer any loss of pay for ordinary hours not worked during the period of a break required by this clause.
The employer and an individual employee or a group of employees may agree to reduce the minimum break to 10 hours.
Advice on scheduling breaks to enhance employee well-being and compliance
Effective break management is crucial for compliance and significantly contributes to employee satisfaction and productivity within the retail industry. Here are some practical strategies tailored to the complexities of break entitlements under the General Retail Award 2020:
- Encourage full utilisation of breaks: Foster a workplace culture that not only permits but actively encourages employees to take their designated breaks. Emphasise the importance of breaks for mental and physical refreshment, which is vital for maintaining high levels of productivity and service quality in the retail sector.
- Facilitate communication: Establish open communication channels for employees to express their preferences or concerns about break times. While the General Retail Industry Award specifies the timing and duration of breaks, being flexible and accommodating employees' needs within these frameworks can enhance break usage and job satisfaction.
- Regular monitoring: Monitor break schedules regularly to ensure compliance with the award. This helps identify deviations from the requirements and allows for prompt correction.
- Educate staff: Conduct regular training sessions for both employees and management on the specifics of break entitlements under the General Retail Award 2020. Ensuring everyone is well-informed about their rights and responsibilities regarding breaks helps maintain compliance and supports effective break schedule enforcement.
Understanding shiftwork under the General Retail Award
Shiftwork involves working hours divided into shifts, often extending beyond the standard spread of hours. It includes early morning, evening, night, and rotating shifts, ensuring the continuous operation of a business or service.
For the purposes of this award, the following scenarios constitute shiftwork and must comply with the award's requirements regarding ordinary hours, breaks, and rostering:
- For an employee (other than a baking production employee): A shift starting at or after 6:00 PM on one day and before 5:00 AM on the following day.
- For a baking production employee: A shift starting at or after midnight and before 6:00 AM.
Please note that under the General Retail Award, all hours of work on a shift are regarded as continuous.
Category
Notes
Ordinary hours
Under the award, continuous shiftworkers have the same ordinary hours as day workers, except for the span of hours during which those hours can be worked.
Breaks and rest periods
Continuous shiftworkers are entitled to the same break and rest period scheduling as day workers under the award. However, all rest breaks and meal breaks taken by shiftworkers are paid breaks and form part of the hours of work.
Breaks between work periods
Continuous shiftworkers are entitled to the same rest period after working overtime as day workers under the award.
General Retail Industry Award practical application: Example
MegaMart, a popular 24/7 supermarket chain, was experiencing scheduling issues that led to employees unintentionally working hours that classified them as shift workers under the General Retail Award 2020. Additionally, the store faced challenges in adhering to the minimum rest period between shifts, causing compliance issues and employee dissatisfaction.
Challenges
- Unintended shift work: Emma, a part-time cashier, was scheduled for a series of late-night shifts that extended beyond the ordinary hours specified in the award. On several occasions, her shifts started at 4:00 PM and ended at 12:30 AM, inadvertently classifying her as a shift worker entitled to additional benefits.
- Insufficient rest periods: John, a casual store hand, frequently worked evening shifts that ended at 10:00 PM and was then scheduled to start early morning shifts at 6:00 AM the next day. This resulted in a rest period of only eight hours between shifts, which is below the 12-hour minimum rest period required by the award.
Resolution
- Reviewing and adjusting shift scheduling: The store manager, Alice, conducted a thorough review of the scheduling practices and identified employees whose working hours classified them as shift workers. Emma’s schedule was adjusted to ensure that her shifts fell within the ordinary hours of 7:00 AM to 9:00 PM, avoiding the unintended classification as a shift worker. This change ensured compliance with the General Retail Award and provided Emma with the appropriate working hours.
- Adherence to minimum engagement period: Alice implemented a new scheduling policy to ensure that all employees received the minimum 12-hour rest period between shifts. For John, this meant that his morning shifts were adjusted to start no earlier than 10:00 AM if he had worked an evening shift finishing at 10 PM the previous night.
- Ongoing monitoring: Regular roster audits were conducted to ensure ongoing compliance with the award. Alice established a system for employees to report any scheduling issues or concerns about their shifts, allowing for quick resolution and continuous improvement.
Key takeaways recap
In summary, here are the essential points and recommendations to ensure compliance with the General Retail Award 2020:
- Coverage: This award generally covers employees in Australia's retail sector, particularly those involved in retail sales, customer service, and store management.
- Employment types: The award recognises various employment types, including full-time, part-time, casual, on-hire workers, and trainees/apprentices. Each type has specific entitlements and conditions tailored to the nature of retail work.
- Shiftwork: The award covers shiftwork and outlines a unique set of rules concerning breaks.
- Ordinary hours: Full-time employees typically work 38 ordinary hours per week. Part-time employees have their hours specified in a written agreement established at the time of engagement, with a minimum engagement period of three hours per shift.
Casual employees can work up to 38 hours per week or as per a roster cycle, with a minimum daily engagement period of three hours, or one and a half hours under specific conditions, such as when the employee is a full-time secondary school student working between 3:00 PM and 6:30 PM on a school day, with parental approval. - Breaks and rest periods: The award stipulates meal breaks and rest periods for each employment type, with unique requirements for day workers and shiftworkers.
- Rostering rules: Compared to some of the other awards, the General Retail Industry Award includes extensive rules regarding the scheduling of work hours. Ordinary hours may be worked from Monday to Friday between 7:00 AM and 9:00 PM, on Saturday between 7:00 AM and 6:00 PM, and on Sunday between 9:00 AM and 6:00 PM.
Changes to regular work patterns for part-time employees require written notice given seven days in advance, or 48 hours in case of an emergency. Rosters must be posted in advance, and any changes due to unexpected operational requirements must be mutually agreed upon.
Permanent changes require at least seven days' written notice, which can be extended to 14 days if the employee disagrees. Employers are required to keep roster records for at least 12 months.
Simplifying General Retail Award ordinary hours, rostering and break management
An understanding of ordinary hours alongside effective rostering and break management is essential for compliance with modern awards. Rippling's centralised platform offers powerful tools to simplify scheduling, track hours, and manage breaks. Key features include:
- Smart rostering: Create compliant rosters with a fair distribution of shifts and required rest periods.
- Automated time tracking: Automatically track employee hours from clock-in to payslip, eliminating manual data entry.
- Break tracking: Automatically track meal and rest period entitlements.
- Hours monitoring: Accurately monitor and record employee working hours.
- Compliance reporting: Generate reports on hours worked, breaks taken, and rostering patterns.
With Rippling, you can do more than just meet award compliance requirements; you can exceed them. Take the tour or contact us today!
Disclaimer: Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
