30 September 2011

Minimum engagement for casuals school students under review by Federal Court

 After several applications and an appeal, employers have finally been successful in varying the minimum engagement for school students employed under the General Retail Industry Award.  A Full Bench of Fair Work Australia last week issued its decision on an appeal from the shop union which opposed the introduction of a 1.5 hour minimum engagement period for school students.

 The orders  to vary the award have not been finalised but will allow a minimum engagement period for a casual employee to be one hour and thirty minutes if all of the following circumstances apply:

a) the employee is a full time secondary school student; and

b) the employee is engaged to work between the hours of 3.00 pm and 6.30 pm on a day which they are required to attend school; and

c) the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than 3 hours; and

d) employment for a longer period than the period of the engagement is not possible either because of the operational requirements of the employer or the unavailability of the employee.”

 In a related application made by a Queensland Veterinarian, the minimum engagement for secondary school students employed under the Animal Care & Veterinary Services Award has been reduced from 3 hours to 2.5 hours and extends the period during which those hours can pply to 7.00 pm.

 These provisions will not apply to school based apprentices and trainees as they are not categorised as casual employees. 

In a further development, the SDA (the union representing employees in the retail sector) has now appealed FWA's decision to the Federal Court.