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Posted by Skye Engwerda, Solicitor

On 20 June 2011, Fair Work Australia (FWA) granted an application made by the National Retail Association to reduce the minimum engagement period for casual employees under the General Retail Industry Award (Award) from 3 hours to 90 minutes.

The variation was intended to commence on 1 July 2011 and provided that school-aged employees could work for 90 minute shifts, provided that certain requirements were met.

On 29 June 2011 the Shop, Distributive & Allied Employees' Association (SDA) appealed FWA’s decision arguing the decision was discriminatory in that the new minimum was a guise by retailers to cut back hours for regular casuals who cannot compete with school casual rates and hours.

FWA rejected the SDA’s appeal on 14 September 2011 and confirmed that 90 minute shifts for secondary school students will be allowed. Once the Award is varied, employers covered by the Award are expected to be able to engage employees for 90 minute shifts if:

• the employee is a full time secondary school student;
• the employee is engaged to work between 3:00pm and 6:30pm on a day which they are required to attend school;
• the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than three hours; and
• employment for a longer period is not possible due to the operational requirements of the employer or the unavailability of the employee.

Retail employers should note that this decision is still in draft form only and has not taken effect. Employers must still continue to roster all employees for at least 3 hours work until the Award has been varied.