DECISION

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

4 yearly review of modern awards — General Retail Industry Award 2020
(AM2021/6)

4 yearly review of modern awards – General Retail Industry Award 2020 – award specific penalty rates claims.

[1] In a statement issued on 25 February 2021, 1 I observed that an ambiguity has arisen in the General Retail Industry Award 2020 (the Retail Award 2020) following an earlier decision in September 20182 to implement transitional, phased changes to penalty rates in the General Retail Industry Award 2010 (the Retail Award 2010).

[2] On 1 October 2020 the Retail Award 2020 came into operation. Schedule B of the Retail Award 2020 contains a summary of hourly rates of pay – including a number of tables of rates which were not present in the Retail Award 2010 at the time of the earlier decision.

[3] In the 25 February statement, I expressed the provisional view that the Retail Award 2020 should be varied to remove the ambiguity which will arise on 1 March 2021 when the final transitional rate comes into operation. A draft determination 3 was published concurrently with the statement proposing the following changes:

•  Deleting the third row of table 11 at clause 22.1 — containing the rates for “Monday to Friday — after 6:00pm (1 October 2020 to 28 February 2021);

•  Updating the contents of the summary of hourly rates tables at clauses B.2.1 and B.3.4; and

•  Deleting “(from 1 March 2021)” in the fourth row of table 11 at clause 22.1.

[4] Interested parties were required to file any comments on the contents of the draft determination by 4pm on Monday 1 March 2021. I noted that, in the absence of any comments, the final variation determination would be issued and would take effect on 1 March 2021.

[5] No comments were received. A final determination varying the Retail Award 2020 was issued and came into operation on Monday 1 March 2021.

[6] A minor correction has been made to the final determination to delete a reference to footnote “1” which was included in the tables appearing at items 3 and 4 of the draft determination in error.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2021] FWC 1033.

 2   [2018] FWCFB 5897.

 3   Draft determination, 25 February 2021.