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Proposed IR changes to be introduced to Parliament today may result in the removal of overtime being paid to Part-time workers under 12 awards in the retail and hospitality sectors.

Any worker who is guaranteed 16 or more hours per week (minimum 3 hours per shift), will be able to work up to 38 hours without receiving overtime. A text message will be sufficient to record any agreement.

This is in addition to the much-awaited clarification of casual employees and the ability to offset casual loading for any permanent entitlements which will overrule the recent Federal Court Rossato case.

Furthermore, in a major change proposed for enterprise agreements, the Fair Work Commission will be able to approve agreements that leave workers worse off overall to deal with a “short-term crisis” for the next two years.

Such agreements will need to be in the “public interest”, based on factors including the impact of COVID-19 and the company’s individual circumstances.

We will keep you updated as to when the Bill passes both Houses of Parliament.

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