FEDERAL COURT LOCKS IN CHANGES TO PENALTY RATES

In Payroll & Employment by Clyde Mooney

Click here to share this article with a friend

UPDATE: The Federal Court has upheld the decision of the Fair Work Commission in regard to the recent changes to penalty rates, and rejected union appeals.

The Fair Work Commission (FWC) announcement in February determined changes to be introduced over three years, bringing modest reductions in loading rates for full-time, part-time and casual employees, on Sundays and public holidays.

Following this, trade union United Voice lodge an application for a judicial review.

On Wednesday, the Full Court of the Federal Court rejected all the union’s grounds, backing the independent umpire’s original decision.

The Australian Hotels Association was critical of the appeal of the FWC decision, which was a long time coming, and says the justifiable changes will help weekend employment and trading.

“The Federal Court upheld the principle that the Fair Work Commission was alone vested with the full responsibility for assessing all relevant matters and reaching all relevant conclusions in making its determinations,” stated AHA National CEO Stephen Ferguson.

“This decision upholds the long-standing independence of the Commission; it’s now time to get on with creating more jobs in the hospitality sector.

“The AHA supports additional remuneration being paid for weekend work and the FWC originally found the new penalty rates to be ‘fair and relevant’ for employees and employers.”