The Fair Work Commission has recently amended the Professional Employees Award 2020 (the Award) to include:
- the entitlement to be paid overtime or receive time off in lieu of overtime for working in excess of 38 hours per week;
- penalty rates for hours worked before 6 am or after 10 pm on any day from Monday to Saturday. Higher penalty rates will apply to work performed on a Sunday or public holiday;
- higher standards for record keeping (employers will need to keep records of all hours worked by an employee in excess of 38 hours per week, before 6:00 am or after 10:00 pm on any day Monday to Saturday, or at any time on a Sunday or public holiday); and
- a clearer coverage provision that confirms that the Award applies to all employees performing professional engineering duties, professional scientific duties, professional information technology duties, or quality auditing (provided they are not employed in a wholly or principally managerial position).
The amendments to the Award’s coverage clause commenced on 23 March 2023. All other changes will not take effect until the start of the first full pay period that starts on or after 16 September 2023, however, they do not apply to employees whose annual salaries are at least 25% higher than the minimum annual salary payable under the Award for their classification.
To read the Fair Work Commission’s official determination, click here. To read the Fair Work Commission’s decision, click here.
If you have any questions or if you would like to know more about these changes, do not hesitate to contact the Focus HR team.