FWC: Employees entitled to double pay for insufficient breaks between shifts

FWC clarifies pay rate in Retail Award

FWC: Employees entitled to double pay for insufficient breaks between shifts

An employee should get paid 200% of their minimum hourly rate if they start work without getting the minimum break between shifts, according to the Fair Work Commission (FWC).

The FWC said on Thursday that employees are entitled to the double pay rate if they work a shift without getting a 12-hour break, or 10 hours by agreement, between their shifts.

The pay rate goes up to 225% of their minimum hourly rate if it's a public holiday.

According to the FWC, casuals also get their casual loading, calculated on their minimum hourly rate.

"An employee is paid this higher rate until they get their minimum break between shifts," the FWC said in a media release.

But if an employee is asked to start later in the day so they can get their minimum break, the FWC said the employee should still be paid "from the time they usually start work at the ordinary pay rate."

The clarification comes amid changes to the Retail Award over employees' pay rate.

"These changes took effect from the first full pay period on or after 14 May 2024," the FWC said.

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