Bupa decision on penalty and overtime rates quashed

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A Fair Work Australia full bench has ruled that preferred hours clauses used by aged care employers would have disadvantaged employees, but has quashed on procedural grounds two earlier decisions, one involving new aged care player Bupa, rejecting the clauses. The decision is a setback for employers hoping to utilise the clauses, which effectively deprive employees of overtime or other penalty rates when they volunteer to work additional hours.

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