Ninety-minute after-school shifts in retail, which were due to commence on Friday in the Modern Retail Award , are now on hold after the SDA successfully applied today to Fair Work Australia for a stay order until its appeal against the decision is heard. (This Case and its implications only affects members who are employed under the Modern Retail Award. This Case has no bearing on members who are employed under an Enterprise Agreement).
SDA National Secretary Joe de Bruyn welcomed the outcome saying, “ the Union now had a chance to argue that the original award variation, by Vice President Graeme Watson should “not come into effect at all”.
In its notice of appeal, filed last week, the SDA argued there was no material before Vice President Watson to satisfy him that any secondary school students have been unable to find work because of the minimum three-hour engagement provision of casual employees under the General Retail Industry Award.
The Union application also argued that Vice President Watson had erred in finding that the variation to the modern award was necessary to provide social inclusion for secondary school students, and in “failing to provide any adequate reasons” for the variation.
Members will continue to be updated on this matter.