Oxymoronic or Employer Logic? Preferred Hours under the Fair Work Act

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Author(s)
Cameron, Craig
Griffith University Author(s)
Year published
2012
Metadata
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Preferred hours clauses have featured in enterprise agreements covering retail, agricultural, fast food, hospitality and aged care workplaces. The employee elects to work different or additional hours to their ordinary work pattern, hours which would otherwise attract overtime or penalty rates, but is paid at the ordinary rate of pay. This article examines, through the lenses of flexibility and the safety net, preferred hours under the new Fair Work regime. It then makes recommendations designed to clarify the limited circumstances in which an individual flexibility arrangement can incorporate a preferred hours clause.Preferred hours clauses have featured in enterprise agreements covering retail, agricultural, fast food, hospitality and aged care workplaces. The employee elects to work different or additional hours to their ordinary work pattern, hours which would otherwise attract overtime or penalty rates, but is paid at the ordinary rate of pay. This article examines, through the lenses of flexibility and the safety net, preferred hours under the new Fair Work regime. It then makes recommendations designed to clarify the limited circumstances in which an individual flexibility arrangement can incorporate a preferred hours clause.
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Journal Title
Australian Journal of Labour Law
Volume
25
Copyright Statement
© 2012 Lexis Nexis. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal website for access to the definitive, published version.
Subject
Labour Law
Business and Management
Policy and Administration
Law