QHA_February_Mag_Web

EMPLOYMENT RELATIONS with Wesley Davey
CHANGES TO PART-TIME AND CASUAL
EMPLOYMENT IN THE HOSPITALITY INDUSTRY
(GENERAL) AWARD 2010 (HIGA)
QHA REVIEW | 32
Changes to part-time and casual employment in the
HIGA arose from the Fair Work Commission’s four
yearly review of modern awards came into effect on 1
January 2018.
The changes to part-time employment, pursued
by the AHA, QHA’s national body, make part-time
employment more flexible and a viable alternative to
casual employment. Existing provisions requiring set
hours, starting and finishing times and days have been
replaced.
Meanwhile, the change to casual employment is the
introduction of overtime for casual employees. This
was pursued by United Voice.
WHAT ARE THE KEY POINTS ON THE NEW PART-TIME
PROVISIONS IN THE HIGA?
• Employer and employee must agree in writing on
a guaranteed minimum number of hours between
eight hours and 38 hours per week (or an average
of if using a roster cycle).
• Employer and employee must also agree on the
days and times that the employee is available to
work (the availability) the guaranteed hours.
• Employers must ensure the employee gets two
days off each week.
• If an employee is working more than the
guaranteed hours, employers should make sure
that those hours are rostered and within the
employee’s availability, this way those hours will not
be considered overtime (except if above 38 for the
week or 11.5 in
a day).
• If an employer needs an employee to work
additional hours after the roster has been posted, a
discussion should be had with the employee about
mutually agreeing to change the roster.
For more information contact the Employment
Relations Department or download our “Part time
changes in the HIGA” fact sheet from qha.org.au.
WHAT ARE THE KEY POINTS ON CASUAL OVERTIME?
• Overtime applies where a casual works more
than 12 hours in a day or shift, or after 38 hours
in a week (or the average of 38 hours over a
roster cycle).
• Casual overtime is inclusive of the 25% casual
loading, therefore to calculate overtime at all times,
including on the weekend, apply the relevant
overtime percentage, either 150% or 200%, to
the permanent Monday to Friday base rate of pay
applicable to the employee’s classification.
• If casual hours fluctuate from week to week,
employers could consider introducing a four-week
roster cycle for averaging casuals’ hours. By doing
this, overtime would only apply when an employee
has worked more than 152 hours over the four
weeks (provided there have not been any 12 hours
plus days/shifts).
• If overtime is going to occur, then the best time is
when the difference between the ordinary rate and
overtime rate is at its lowest. For example, the
Sunday rate for a casual F & B grade 3 is $35.37
and the double time rate is $40.42.
For more information contact the Employment
Relations Department or download the “Casual
Overtime in the HIGA fact sheet” from qha.org.au.