I received a call over the weekend from someone working in a newsagency concerned that they are not being paid penalty rates for working on a Sunday. They said their boss had told them they could either work for the regular hourly rate or not have a job at all. Given they had already raised it with their employer, I told them to contact the Fair Work Ombudsman directly or anonymously.
I also told them that threatening an employee with termination for reporting they are underpaid is illegal in Australia and that such actions constitute adverse action and are a breach of the general protections provisions of the Fair Work Act 2009.
They wanted me to talk to their employer, which I declined because they will have more power using the Fair Work Ombudsman, and because I have been down that path before and was attacked for raising the matter. The newsagent in question has form when it comes to payment of penalty rates. They show little regard for newsagency employee penalty rate obligations.
I think there needs to be a zero tolerance approach to this. Report any situation of underpayment, directly or anonymously.
Now, for clarity, here is the newsagency penalty rate situation:
Sunday penalty rates as indicated in the General Retail Award.
- Full-time and part-time employees: 150% of the minimum hourly rate.
- Casual employees: 175% of the minimum hourly rate (this figure is inclusive of the casual loading).
These rates are specified in Table 12—Penalty rates on page 46 of the document.
For adult employees not performing shiftwork, the hourly rates for Sundays are summarised in Schedule B:
Classification FT/PT ($) Casual ($)
Retail Employee Level 1 39.83 46.46
Retail Employee Level 4 42.18 49.21
Retail Employee Level 8 48.68 56.79
Saturday penalty rates are:
- Full-time and part-time employees: 125% of their minimum hourly rate.
- Casual employees: 150% of their minimum hourly rate (this includes the 25% casual loading).
Based on the current rates in the document (effective from 1 July 2025), here are the Saturday rates for key levels:
Classification FT/PT ($) Casual ($)
Retail Employee Level 1 33.19 39.83
Retail Employee Level 4 35.15 42.18
Retail Employee Level 8 40.56 48.68
I am writing about there here to provide more results for any newsagency employee doing a search online about penalty rates. I have included links so you can get to the source documents.
Penalty rates are not optional suggestions; they are legally binding minimum standards.
The General Retail Industry Award 2020 specifically covers employees of newsagents , and failing to pay the prescribed Sunday and Saturday penalty rates is a breach of the Fair Work Act 2009. The Award and the Act provide clear “general protections” that prohibit an employer from taking adverse action, such as threatening termination, against an employee for exercising their workplace right to inquire about their pay.
Protecting the integrity of the newsagency channel requires everyone to play by the same rules, ensuring fair compensation for those working the weekends that keep our local businesses running.
Contacting the Fair Work Ombudsman
The Fair Work Ombudsman is the national regulator responsible for enforcing compliance with workplace laws, including underpayments and penalty rate breaches.
- Phone Assistance: Call 13 13 94. Hours: 8:00 am – 5:30 pm, Monday to Friday (except public holidays). Have the business name, ABN, and pay records ready before calling.
- Anonymous Reporting: If an employee fears repercussions, they can use the Anonymous Report tool. This information helps them build a risk profile of non-compliant employers for future audits and legal action.
Now, from the Fair Work Ombudsman, there is good information about the dispute management process that could provide comfort to anyone considering lodging a complaint:
Under Clause 36 of the General Retail Industry Award 2020, there is a formal step-by-step procedure that must be followed to resolve disputes about Award matters or the National Employment Standards:
- Workplace Discussion: The parties must first try to resolve the issue at the workplace through discussion between the employee and their immediate supervisor.
- Management Escalation: If unresolved, the matter must be discussed with more senior levels of management as appropriate.
- Fair Work Commission Referral: If the dispute remains unresolved after these workplace steps, any party can refer the matter to the Fair Work Commission.
- Commission Action: The Commission may use mediation, conciliation, or consent arbitration to reach a settlement.
While a dispute is being handled, work must continue as normal in accordance with the Award and the Act.
As I mentioned, I am posting this here to provide a resource for any newsagency employee searching about being underpaid or not being paid penalty rates.
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Mark Fletcher founded newsagency software company Tower Systems and is the CEO of newsXpress, a marketing group serving innovative newsagents who continuously evolve their businesses to be enjoyable, relevant and successful. You can reach him on mark@newsxpress.com.au or 0418 321 338.