Phasing-In of Junior Rate Changes - UPDATE

A Fair Work Commission (FWC) Full Bench has refused to delay the phasing-in of junior rate changes for retail, fast food and pharmacy workers.

Junior rates in the retail, fast food and pharmacy awards for workers aged 18, 19 and 20 should generally be removed once they have more than 6 months’ employment with their employer.

The transitional arrangements for the fast food and retail awards will take effect on 1 December 2026 and continue to be implemented in increments of 5 percentage points for each age cohort, in each subsequent July and December, until each cohort reaches the full adult rate.

The transitional arrangements for pharmacy workers will take effect on 1 December 2026 with further increases in July 2027 and July 2028.

Get ready for the changes which start on 1 December 2026, by checking out what the increases will cost your business.  The percentage increases and the 1 December 2026 new rates are included in the determinations below.

• Determination – General Retail Industry Award
• Determination – Fast Food Industry Award
• Determination – Pharmacy Industry Award
• Latest Decision

Please contact us if you have any questions.

Redundancy Consultation Obligations

The FWC Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions.

The ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before a dismissal decision can defeat a ‘genuine redundancy’ defence in unfair dismissal claims.

The Fair Work Commission has recorded a substantial increase in unfair dismissal and general protections claims.

We recommend you contact us for advice to ensure you follow the correct process, as you do not want an unfair dismissal claim.

Fines Rise after Dodgy Job Ads Spruik Below Minimum Rates

Employers are paying the price for ads offering unlawful wage rates, with fines up 18% in the last year. Repeat or significant offenders are warned they could face court action.

The Fair Work Ombudsman’s ongoing efforts to stamp out dodgy ads have led to employers paying more than $317,000 in fines since the start of the laws in 2023.

Long Service Leave

An employee is entitled to long service leave after a long period of work for the employer.  

Some employers are unaware that long serving casual employees are also eligible for long service leave.

An employee may be entitled to payment for pro-rata long service leave on termination of employment.

Most employees’ entitlement to long service leave comes from long service leave in each State or Territory. These laws set out:

• How long an employee must work to accrue long service leave
• How much long service leave the employee gets

Portable Long Service Leave

All Australian States and Territories have legislation to provide employees in some industries with access to portable long service leave.  These industries include:



• Building and construction
• Contract cleaning
• Community services
• Security 

This means an employee keeps their long service leave entitlement even if they work in different workplaces for one or more employer.

Common Workplace Myths

MYTH:  An Employer cannot contact an employee outside working hours.

FACT:  Right to Disconnect rules do not make it unlawful for an employer to contact an employee outside working hours.  Instead, they give employees a right to refuse to monitor, or read or respond to the contact, unless doing so is unreasonable.  It is important to remember that the focus is whether the employee’s refusal was unreasonable.

MYTH:  Employees do not need to be paid for time spent at meetings or training outside their paid work hours.

FACT:  If it is compulsory, then it is work.  Employees are entitled to be paid for the time they are required to spend at any meeting or training.

MYTH: Employers can pay young workers as ‘trainees’ or ‘apprentices’ without lodging any formal paperwork.

FACT: Employers must lodge a registered training contract for an employee in order to lawfully be able to pay trainee or apprentice rates.  An employer cannot pay an employee trainee rates just because they are young or new to the job.