Motels, Accommodation and Resorts, &c. (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 289498 of 2018)
Before Chief Commissioner Kite
|
4 December 2019
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject
Matter
1. Arrangement
2. Definitions
3. Transmission
of Business
4. Index of
Facilitative Provisions
5. Enterprise
Flexibility Provisions
6. Procedure
to Avoid Industrial Disputation
7. Employer
Duties
8. Types of
Employment
8.1 General
8.2 Casual Employment
8.3 Regular Part-time Employees
8.4 Apprentices
8.5 Juniors
9. Standing Down Employees
10. Redundancy
11. Termination
of Employment
12. Classifications
and Wage Rates
13. Supported
Wage System for Employees with Disabilities
14. Mixed
Functions
15. Payment of
Wages, Time and Wages Records
16. Allowances
17. Superannuation
18. Hours of
Work
19. Meal Breaks
20. Overtime
21. Saturday
Work
22. Sunday Work
23. Annual
Leave
24. Personal
Leave
25. Parental
Leave
26. Jury
Service
27. Public
Holidays
28. National
Training Wage
29. Work
Experience
30. Accident
Pay
31. Posting of
Award
32. Leave for
Consultation Meetings
33. Basis of
Award
34. Anti-Discrimination
35. Union Dues
36. Leave
Reserved
37. Area,
Incidence and Duration
2. Definitions
In this award:
2.1 Accommodation
means establishments included in clause 37 of this Award.
2.2 Day means the
period of time elapsing from the time an employee commences duty to the time
the employee ceases duty within any period of 24 hours.
2.3 Ordinary
earnings means the ordinary wages for each
classification for ordinary hours Monday to Friday.
2.4 Rostered day off
(RDO) means any continuous 24 hour period between the completion of the last
ordinary shift and the commencement of the next ordinary shift on which an
employee is rostered on for duty.
2.5 Union means
United Voice, NSW Branch.
2.6 Hospitality
Services -
2.6.1 Hospitality
Services grade 1 means an employee who is primarily engaged in one or more of
the following:
(a) cleaning, tidying and general assistant of kitchen, food
preparation, customer service areas, including the cleaning of equipment,
crockery and general utensils;
(b) assembly and preparation of ingredients for cooking;
(c) handling, storing and distributing goods, including pantry
items and linen;
(d) setting and/or wiping down tables, removing food plates,
emptying ashtrays and picking up glasses;
(e) assisting employees who are cooking;
(f) general cleaning duties;
(g) providing general assistance to employees of a higher grade
not including cooking or direct service to customers;
(h) laundry and/or
linen duties which may include minor repairs to linen or clothing such as
buttons, zips, seams, and working with flat materials;
(i) the collection and/or delivery of guests personal
dry-cleaning and laundry, linen and associated materials to and from
accommodation areas;
(j) parking guests cars;
2.6.2 Hospitality
services grade 2 means an employee who has not achieved the appropriate level
of training and who is primarily engaged in one or more of the following:
(a) receiving, storing and distributing goods;
(b) servicing accommodation areas and cleaning thereof;
(c) tray service to guests' rooms;
(d) transferring guests' baggage and/or property;
(e) driving a passenger vehicle or courtesy bus;
(f) providing butler service, basic food and beverage services
with personalised guest services;
(g) assisting in dry-cleaning process;
(h) cleaning duties using specialised equipment and chemicals;
(i) handyperson,
which means a person who is not a tradesperson and whose duties include the
performance of routine repair work and maintenance in and about the employer's
premises and other general duties such as pool, garden, etc.;
(j) security officer;
(k) preparing
and/or cooking a limited range of basic food items such as breakfasts, grills
and snacks and a cook employed alone;
(l) undertaking
general waiting duties in a restaurant of food and/or beverages, including
cleaning of restaurant equipment, preparing tables and sideboards, taking
customer orders, serving food and/or beverages and clearing tables;
(m) supplying, dispensing or mixing of liquor, including
cleaning of bar area and equipment, preparing the bar for service, taking
orders and serving drinks;
(n) taking reservations, greeting and seating guests, taking
telephone orders;
(o) assisting in the cellar;
(p) receipt of monies;
(q) attending a snack bar, buffet or meal counter;
(r) attending in a coffee shop or espresso bar;
(s) attending in a shop.
2.6.3 Hospitality
services grade 3 means an employee who has the appropriate level of training
and who is primarily engaged in one or more of the following:
(a) undertaking general cooking duties, including a la carte
cooking, baking, pastry cooking;
(b) undertaking
general waiting duties of both food and/or beverages, including cleaning of
restaurant equipment, preparing tables and sideboards, taking customer orders,
serving food and/or beverages and clearing tables;
(c) supplying, dispensing or mixing of liquor, including
cleaning of bar area and equipment, preparing the bar for service, taking
orders and serving drinks;
(d) receipt of monies;
(e) receiving, storing and distributing goods;
(f) assisting in the training, co-ordination and supervision of
employees of lower grades;
(g) major repair of linen and/or clothing including basic
tailoring and major alterations and refitting;
(h) dry-cleaning;
(i) handyperson,
which means a person who is not a tradesperson and whose duties include the
performance of routine repair work and maintenance in and about the employer's
premises and other general duties such as pool, garden, etc.;
(j) providing butler services, basic food and beverage services
with personalised guest services;
(k) cellar work, including stock control, ordering and the
receipt, delivering and reordering of goods within such area;
(l) designing and mixing a range of sophisticated cocktails and
other drinks. May include stocktaking
and ordering of stock;
(m) supervising, training and co-ordination of employees of
lower grades;
(n) taking reservations, greeting and seating guests and taking
telephone orders.
2.6.4 Hospitality
services grade 4 means an employee who has completed an apprenticeship or who
has passed the appropriate trade test and who is engaged in any of the
following:
(a) undertaking general cooking duties including a la carte,
baking, pastry cooking, butcher, waiting, butler.
2.6.5 Hospitality services
grade 5 means an employee who has the appropriate level of training and who is
primarily engaged in one or more of the following:
(a) solely responsible for other cooks and other kitchen
employees in a single kitchen establishment where no other trade qualified
cooks are employed;
(b) supervising,
training and co-ordinating food and beverage staff including maintenance of
service and operational standards, preparation of operational reports and staff
rostering;
(c) general or
specialised cooking duties including the training and supervision of other
cooks and kitchen staff and relieving Hospitality Services Grade 6 employees on
their rostered days off or when on annual or other leave;
(d) supervising, training and co-ordinating the work of employees
engaged in the housekeeping area.
2.6.6 Hospitality
services grade 6 means a chef de partie or equivalent
who has completed an apprenticeship or has passed the appropriate trade test in
cooking, butchery, baking or pastry cooking and has completed additional
appropriate training and who performs any of the following:
(a) general and specialised duties including supervision or
training of other trade qualified cooks, ordering and stock control;
(b) solely responsible for other cooks and other kitchen employees
in a single kitchen establishment where other trade qualified cooks are
employed.
2.7 Administration
Front Office
2.7.1 Hospitality
administration and front office grade 1 means an employee who has not achieved
the appropriate level of training and who is primarily engaged in one or more
of the following:
(a) front office duties such as receptionist, telephonist,
cashier or reservations;
(b) performs basic clerical and routine office duties such as
collating, filing, photocopying and delivering messages;
(c) general clerical duties such as typing, basic data entry and
calculation functions;
(d) accounts;
(e) night auditing in addition to any of the above duties such
employee may also be required to perform any of the duties of Hospitality services
grade 2 or below;
(f) guest relations officer.
2.7.2 Hospitality
administration and front office grade 2 means an employee who has the
appropriate level of training and who is primarily engaged in one or more of
the following:
(a) front office duties such as receptionist, telephonist,
cashier or reservations;
(b) clerical and other office duties;
(c) general clerical duties such as typing, basic data entry and
calculation functions;
(d) accounts;
(e) night auditing in addition to any of the above duties such
employee may also be required to perform any of the duties of Hospitality
services grade 2 or below;
(f) assistant in sales, and/or marketing;
(g) guest relations officer.
2.7.3 Hospitality
administration and front office grade 3 means an employee appointed as such who
has the appropriate level of training and
(a) who carries out general secretarial or stenographic duties,
clerical duties of an advanced nature, and
(b) who has recognised experience in complex duties and may be
(c) responsible for guidance of other office personnel including
juniors and may check and allocate their work, or
(d) who is responsible for sales and marketing
(e) and/or is in the front office engaged in duties including
assisting in training and supervision of front office employees of a lower
grade(s).
2.7.4 Hospitality
administration and front office supervisor means an employee appointed as such
and who has the appropriate level of training including a supervisor's course
and trains and co-ordinates the work of front office and/or other clerical
staff.
2.8 Leisure
Activities
2.8.1 Leisure attendant
grade 1 means a person who is primarily engaged in one or more of the
following:
(a) acts as an assistant instructor;
(b) does
basic testing;
(c) is
responsible for setting up, distribution and care of equipment;
(d) takes
bookings and works at the front desk of a leisure facility;
(e) provides
information to guests on leisure activities and facilities;
(f) is
a pool attendant;
(g) tests pools and spa waters for optimal levels;
(h) is a powerboat observer;
(i) child minding attendant.
2.8.2 Leisure attendant
grade 2 means a person who has the appropriate level of training and who is
engaged in any of the following:
(a) takes classes;
(b) directs
leisure activities such as in sporting areas, health clubs and swimming pools;
(c) leads
tours, and/or group activities;
(d) developing or implementing activities for individuals or
group of guests;
(e) child minding attendant.
2.8.3 Leisure attendant
grade 3 means a person who has the appropriate level of training, who plans and co-ordinates leisure activities and/or
organises activity programs and may supervise other leisure attendants.
2.9 Appropriate
Level of Training means:
2.9.1 Completion of a
training course deemed suitable according to guidelines issued through Tourism
Training Australia for that particular classification. Such course to be
accredited by the Australian Hospitality Review Panel;
2.9.2 That the
employee's skills have been assessed to be at least the equivalent of those
attained through the suitable course described in clause 2.9.1, such assessment
to be undertaken by a qualified skills assessor.
2.10 Introductory
level means the level of an employee who enters the industry and who has not
demonstrated the competency requirements of level 1. Such an employee will remain at this level
for up to three months while the appropriate training for level 1 is undertaken
and assessment made to move from the introductory level to level 1. At the end of three months from entry, an
employee shall move to level 1 other than where agreement has been reached and
recorded between the employee and the employer that further training of up to
three months is required for the employee to achieve competence for movement to
level 1.
2.11 Continuous
Service
2.11.1 In calculating the
twelve months’ continuous service, the only absences counted as time worked are
the following:
up to 152 ordinary working
hours in a 12-month period because of sickness or accident;
long service leave that an
employee takes under the relevant State long service leave legislation; and
annual leave.
2.11.2 Where a period of
work is less than twelve months, the absences counted as time worked because of
sickness or accident are calculated on a proportionate basis.
2.11.3 The following
events do not break an employee’s continuous service:
sick leave;
leave as the result of an
accident;
leave lawfully granted by the
employer; or
absence for a reasonable
cause. (The employee must prove that the absence was reasonable.)
2.11.4 Where employees
are temporarily stood down through no fault of their own, service is not to be
considered to be broken.
2.11.5 Any other absence
from work does not break continuity of service unless the employer notifies the
employee within fourteen days of the employee returning to work after the
absence. The employer must tell the employee in writing.
2.11.6 If an individual
employee is absent, the employer must tell that employee by:
giving the notice to him or
her personally; or
posting the notice to his or
her last known address.
2.11.7 If a number of
employees are absent because of collective action, the employer may tell them
all by placing a notice in the place where the employer normally places general
notices to employees. The employer must also send a copy of the notice to the
Union on the same day.
2.11.8 It will also not
break an employee’s continuous service if the employer breaks or ends the
employee’s service in order to avoid the employer’s obligations in respect of
leave.
2.11.9 School based
apprentice is an employee who is undertaking an apprenticeship under a training
contract while also enrolled in the Higher School Certificate. The school based apprenticeship may commence
upon the completion of the Year 10 School Certificate exams. Such school based apprenticeships are
undertaken at a minimum Certificate III Australian Qualifications Framework
(AQF) qualification level as specified in the relevant Vocational Training Order
pursuant to the Apprenticeship and Traineeship Act 2001.
3. Transmission of
Business
3.1 Where an
establishment covered by this award is sold and the new employer continues to
employ any employees the continuity of service of such employee shall be deemed
not to have been broken by reason of the sale or transmission of the business
for the purpose of the provision of clauses 10, Redundancy and 11, Termination
of employment and in such circumstances the provisions of clauses 10,
Redundancy and 11, Termination of employment shall not apply in respect to the transmittor.
3.2 The period of
service which the employee has had with the transmittor
or any previous transmittor shall be deemed to be
service of the employee with the transmittee for the
purposes of the provisions of clauses 10, Redundancy and 11, Termination of
employment.
4. Index of
Facilitative Provisions
4.1 A facilitative
provision provides that the standard approach in an Award provision may be
departed from by agreement between an individual employer and an employee, or
the majority of employees, in the enterprise or part of the enterprise
concerned.
4.2 Facilitative
provisions in this award are contained in the following clauses:
Clause Title
|
Clause Number
|
Alternative method of payment
|
15.2
|
Make-up time
|
18.11
|
Ordinary Hours - method of working
|
18.2
|
Overtime - time off in lieu
|
20.3
|
Part-time employment
|
8.3
|
Payment of wages - method and timing
|
15.1
|
Public holidays - payment
|
27.3
|
Superannuation - exemption, choice of fund
|
17.7
|
Unpaid carers’ leave
|
24.3
|
5. Enterprise
Flexibility Provisions
Where an employer or employees wish to pursue an
agreement at the enterprise or workplace about how the award should be varied
so as to make the enterprise or workplace operate more efficiently according to
its particular needs the following process shall apply:
5.1 A consultative
mechanism and procedures appropriate to the size, structure and needs of the
enterprise or workplace shall be established.
5.2 For the purpose
of the consultative process the employees may nominate the Union or another to
represent them.
5.3 Where agreement
is reached an application shall be made to the Commission.
6. Procedure to Avoid
Industrial Disputation
6.1 In the event of
a dispute arising in the workplace the procedure to be followed to resolve the
matter will be as follows:
6.1.1 The employee and
their supervisor meeting and conferring on the matter; and
6.1.2 If the matter is
not resolved at such a meeting, the parties shall arrange for further discussions
between the employee and his or her nominated representative, if any, and more
senior levels of management.
6.2 If the matter is
still not resolved a discussion shall be held between representatives of the
employer and the Union or other employee representative.
6.3 If the matter
cannot be resolved it may be referred to the Commission.
6.4 While the
parties attempt to resolve the matter work will continue as normal unless an
employee has a reasonable concern about an imminent risk to his or her health
and safety.
7. Employer Duties
7.1 An employer
shall not charge a sum against nor deduct any sum from the wages of an employee
in respect of breakages of crockery or other utensils except in the case of
wilful misconduct.
8. Types of Employment
8.1 General
8.1.1 Employees under
this award will be employed in one of the following categories:
(a) full-time employees; or
(b) regular part-time employees; or
(c) casual employees.
8.1.2 At the time of
engagement an employer will inform each employee of the terms of their
engagement and in particular whether they are to be full-time, regular
part-time or casual.
8.2 Casual
Employment
8.2.1 A casual employee
is an employee engaged as such.
8.2.2 A casual employee
shall be paid per hour at the rate of 1/38 of the weekly rate prescribed for
the class of work performed, plus the appropriate undermentioned addition to
that rate:
(a) On any ordinary
day Monday to Friday inclusive for all time worked, an additional 25 per cent
of the wages prescribed in clause 12 - of this Award for the classification in
which the employee is casually employed.
(b) On Saturday and
Sunday for all time worked an additional 50 per cent for Saturday and 75 per
cent for Sunday of the wages prescribed in clause 12, for the classification in
which the employee is casually employed.
(c) On a holiday as
prescribed in clause 27, Public Holidays.
(i) a
casual employed in any capacity in or in connection with flats and residential
chambers and establishments of a like nature will receive an additional 150 per
cent of wages prescribed in clause 12 of this Award for the classification in
which the employee is casually employed;
(ii) all other casuals will receive an additional 175 per cent of
wages prescribed in clause 12 of this Award for the classification in which the
employee is casually employed.
(d) The loadings
prescribed in paragraphs (a), (b) and (c) comprehend the 1/12th payment payable
under the Annual Holidays Act, 1944.
(e) A casual
employee shall be employed with a minimum payment of two hours pay for each
engagement at the appropriate rate that would have been payable had the
employee worked.
(f) For the
purposes of this award engagement means the period or periods for which the
employer notifies the employee that he or she is so required to attend on any
one day. Each period of engagement stands alone and is treated as an engagement
of not less than two hours, and is paid for as such.
(g) In this clause,
ordinary earnings means 1/38 of the wages prescribed in clause 12 of this Award
plus an additional 25 per cent.
(h) By mutual
consent casual work may be paid for weekly or at the termination of each
engagement.
(i) Casual
employees who are paid their wages at any time other than during their working
time shall, if kept waiting for more than fifteen minutes, be paid overtime
rates for all such waiting time.
8.2.3 The following
Award clauses apply to casual employees:
(j) 2, 6, 7, 8.1,
8.2, 8.5, 9, 12, 16.3, 16.4, 16.5, 16.6, 16.7.1, 16.7.2, 17, 19, 27, 32, 35.
(k) Any dispute
about a refusal of an election to convert a contract of employment or about the
matters referred to in sub-paragraph 8.2.4(b) must be dealt with in accordance
with the provisions of clause 6 - Procedure to avoid industrial disputation.
8.2.4 Conversion to
full-time or regular part-time employment
(a)
(i) This
clause only applies to a regular casual employee.
(ii) A regular
casual employee means a casual employee who is employed by an employer on a
regular and systematic basis for several periods of employment or on a regular
and systematic basis for an ongoing period of employment during a period of at
least twelve months.
(b) A regular
casual employee who has been engaged by a particular employer for at least
twelve months, may elect (subject to the provisions of this clause) to have his
or her contract of employment converted to full-time or regular part-time
employment.
(i) An
employee who has worked at the rate of an average of 38 or more hours a week in
the period of twelve months casual employment may elect to have his or her
employment converted to full-time employment.
(ii) An employee who
has worked at the rate of an average less than 38 hours a week in the period of
twelve months casual employment may elect to have his or her employment
converted to regular part-time employment.
(iii) Where a regular
casual employee seeks to convert to full-time or regular part-time employment,
the employer may consent to or refuse the election, but only on reasonable
grounds. In considering a request, the employer may have regard to any of the
following factors:
the size and needs of the
workplace or enterprise;
the nature of the work the
employee has been doing;
the qualifications, skills,
and training of the employee;
the trading patterns of the
workplace or enterprise (including cyclical and seasonal trading demand
factors);
the employee's personal
circumstances, including any family responsibilities; and
any other relevant matter.
(c) Where it is
agreed that a regular casual employee will have his or her employment converted
to full-time or regular part-time employment as provided for in this clause,
the employer and employee must discuss and agree upon:
(i) to which form of employment the employee will convert - that
is, full-time or regular part-time employment; and
(ii) if it is agreed that the employee will become a regular
part-time employee, the matters referred to in subclause 8.3 of this Award.
(d) Despite
paragraph 8.3.5 of this Award, where a regular casual employee is engaged for a
two hour minimum shift pursuant to sub-paragraph 8.2.2(e) of this Award, the
employer and employee may agree that the employee will convert to regular
part-time employment as provided for in this clause for a minimum of two
consecutive hours on any shift. However, nothing in this clause requires an
employer to convert a casual employee working two hour shifts to regular part
time employment.
(e) The date from
which the conversion will take effect is the commencement of the next pay cycle
following such agreement being reached unless otherwise agreed.
(f) Once a regular
casual employee has converted to full-time or regular part-time employment, the
employee may only revert to casual employment with the written agreement of the
employer.
(g) An employee
must not be engaged and/or re-engaged (which includes a refusal to re-engage)
to avoid any obligation under this Award.
(h) Nothing in this
clause obliges a casual employee to convert to full time or regular part time
employment, nor permits an employer to require a casual employee to so convert.
(i) Nothing
in this clause requires an employer to convert the employment of a regular
casual employee to full time or regular part time employment if the employee
has not worked for twelve months or more in a particular establishment or in a
particular classification stream.
(j) Nothing in the
clause requires an employer to increase the hours of a regular casual employee
seeking conversion to full time or regular part-time employment.
(k) Any dispute about
a refusal of an election to convert a contract of employment or about the
matters referred to in sub-paragraph 8.2.4(b) must be dealt with in accordance
with the provisions of clause 6 - Procedure to avoid industrial disputation.
8.3 Regular Part-Time
Employees
8.3.1 An employer may
employ regular part-time employees in any classification in this award.
8.3.2 A regular
part-time employee is an employee who:
(a) works less than full-time hours of 38 per week; and
(b) has reasonably predictable hours of work; and
(c) receives,
on a pro rata basis, equivalent pay and conditions to those of full-time
employees who do the same kind of work.
8.3.3 At the time of
engagement the employer and the regular part-time employee will agree in
writing, on a regular pattern of work, specifying at least the hours worked
each day, which days of the week the employee will work and the actual starting
and finishing times each day.
8.3.4 Any agreed
variation to the regular pattern of work will be recorded in writing.
8.3.5 An employer is
required to roster a regular part-time employee for a minimum of three
consecutive hours on any shift.
8.3.6 An employee who
does not meet the definition of a regular part-time employee and who is not a
full-time employee will be paid as a casual employee in accordance with clause
8.2.
8.3.7 All time worked
in excess of the hours as mutually arranged will be overtime and paid for at
the rates prescribed in clause 20 - Overtime, of this award.
8.3.8 A regular
part-time employee employed under the provisions of this clause must be paid
for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed
for the class of work performed.
8.4 Apprentices
8.4.1
(a) An employee
apprenticed in accordance with the provisions of the Apprenticeship and
Traineeship Act 2001 must be paid the percentage of the total wage
prescribed for Hospitality Services Grade 4 as follows:
Year of
Apprenticeship
|
Percentage
|
First year
|
55%
|
Second year
|
65%
|
Third year
|
80%
|
Fourth year
|
95%
|
(b) All percentages
prescribed in this clause will be calculated to the nearest 10 cents. Any broken part of 10 cents in the result
being less than 5 cents will be disregarded; 5 cents and over will go to the
higher 10 cents.
8.4.2 Waiting Trade
(a) An employee apprenticed
in accordance with the provisions of the Apprenticeship and Traineeship Act
2001 (NSW) must be paid the percentage of the total wages prescribed for a
qualified waiter in Hospitality Services Grade 4 as follows:
Year of
Apprenticeship
|
Percentage
|
First six months
|
65%
|
Second six months
|
80%
|
Third six months
|
80%
|
Fourth six months
|
95%
|
Fifth six months
|
95%
|
(b) All percentages
prescribed in this clause will be calculated to the nearest 10 cents. Any broken part of 10 cents in the result
being less than 5 cents will be disregarded; 5 cents and over will go to the
higher 10 cents.
(c) All matters
prescribed in subparagraph (a) of this paragraph only apply to apprentices
wages and in no other way supersede or affect any other provisions of the Apprenticeship
and Traineeship Act 2001.
8.4.3 Progression
through Wage Structure
(a) School based apprentices progress through the wage scale at the rate of
12 months’ progression for each two years of employment as an apprentice.
(b) The rates of
pay are based on a standard apprenticeship of four years. The rate of
progression reflects the average rate of skill acquisition expected from the
typical combination of work and training for a school based apprentice
undertaking the applicable apprenticeship.
8.4.4 Conversion from a
school based to a full time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Award. This
progression applies in addition to the progression achieved as a school based
apprentice.
8.4.5 Conditions of
Employment
Except as provided by this award,
school based apprentices are entitled to pro rata entitlements of all other conditions
of employment contained in this Award.
8.4.6 Disputes and
Disciplinary Matters
The provisions of the Apprenticeship and Traineeship
Act 2001 shall apply for the resolution of disputes and disciplinary
matters.
8.5 Juniors
8.5.1 Other Than Office
Juniors
The minimum rates of wages for junior employees shall
be the undermentioned percentages of the total rate prescribed for the adult
classification appropriate to the work performed for the area in which work is
performed.
Age
|
Percentage
|
17 years of age and under
|
60%
|
18 years of age
|
70%
|
19 years of age
|
85%
|
20 years of age
|
100%
|
8.5.2 Junior Office
Employees
(a) The minimum
rates of wages for junior office employees shall be the undermentioned
percentages based on the total adult rate for the Hospitality Administration
and Front Office Grade 1 classification.
Age
|
Percentage
|
At 15 years of age and under
|
37%
|
At 16 years of age
|
44%
|
At 17 years of age
|
58%
|
At 18 years of age
|
72%
|
At 19 years of age
|
82.5%
|
At 20 years of age
|
94%
|
(b) All percentages
prescribed in this clause will be calculated to the nearest 10 cents. Any
broken part of 10 cents in the result being less than 5 cents will be
disregarded, 5 cents and over will go to the higher 10 cents.
8.5.3 Junior employees
on reaching the age of 18 years, may be employed in
the sale of liquor. However, where such a junior is employed, the adult Award
rate for the work being performed shall be paid.
8.5.4 An employer may
at any time demand the production of a birth certificate or other satisfactory
proof for the purpose of ascertaining the correct age of a junior
employee. If a birth certificate is
required, the cost of it shall be borne by the employer.
9. Standing Down Employees
9.1 An employer may
deduct payment for any day or part of a day on which an employee cannot be
usefully employed for the following reasons:
9.1.1 A strike or stop
work meeting (except as provided in clause 32, Leave for Consultation
Meetings).
9.1.2 A breakdown of
machinery.
9.1.3 Rationing of
power or the lack of fuel or transport.
9.1.4 The non-delivery
of the raw material and finished product in the Liquor Trades Industry.
9.1.5 Any cause which
the employer cannot reasonably be held responsible for, but shall not apply to
slackness of trade.
9.2 In respect to
subclauses 9.1.1 and 9.1.5 hereof:
9.2.1 No employee shall
be deemed to be a casual employee only by reason of being given intermittent
work in pursuance of this clause.
9.2.2 At least four hours notice of such deductions shall be exhibited where all
employees concerned shall be able to see it.
9.2.3 Service is not to
be considered broken merely because employees have been temporarily stood down
through no fault of their own.
9.2.4 Continuity of
service is to be protected for the purpose of annual leave, holidays and sick
pay, as provided by this Award.
9.2.5 Employees allowed
or required to commence work at the usual starting time on any day shall be
paid for at least four hours, and where they are called upon to attend for duty
twice on any one day they shall be paid not less than a full day's pay.
10. Redundancy
10.1 Application
10.1.1 This clause shall
apply in respect of full-time and part-time employees employed in the
classifications specified in clause 12.
10.1.2 This clause shall
only apply to employers who employ 15 or more employees immediately prior to
the termination of employment of employees.
10.1.3 Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
10.1.4 Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
10.2 Introduction of
Change
10.2.1 Where an employer
has made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the employer shall notify the employees who may be
affected by the proposed changes and the union to which they belong.
10.2.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer’s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where this clause makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
10.3 Employer’s Duty
to Discuss Change
10.3.1 The employer shall
discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes referred to in subclause 10.2.
Introduction of Change, of this clause, the effects the changes are likely to
have on employees and measures to avert or mitigate the adverse effects of such
changes on employees, and shall give prompt consideration to matters raised by
the employees and/or the union in relation to the changes.
10.3.2 The discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in clause 10.2.1 of this
clause.
10.3.3 For the purpose of
such discussions, the employer shall provide to the employees concerned and the
union to which they belong all relevant information about the changes,
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
10.4 Discussions Before Terminations
10.4.1 Where an employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing to be done by anyone pursuant to clause 10.2.1, Introduction
of change, of this clause, and that decision may lead to the termination of
employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
10.4.2 The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of clause 10.4.1 of this
subclause and shall cover, inter alia, any reasons for the proposed
termination, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
10.4.3 For the purposes
of the discussions the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong all relevant information
about the proposed terminations, including the reasons for the proposed
terminations, the number and categories of employees likely to be affected, and
the number of employees normally employed and the period over which the
terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
10.5 Notice for
Changes in Production, Program, Organisation or Structure - This subclause sets
out the notice for provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure, in
accordance with subclause 10.2.1 of this clause.
10.5.1 In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of
Continuous Service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
10.5.2 In addition to the
notice above, employees over 45 years of age at the time of the giving of the
notice, with not less than two years’ continuous service, shall be entitled to
an additional 2 weeks’ notice.
10.5.3 Payment in lieu of
the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
10.6 Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subclause 10.2.1 of this clause.
10.6.1 In order to
terminate the employment of an employee, the employer shall give to the
employee three months’ notice of termination.
10.6.2 Payment in lieu of
the notice above shall be made if the appropriate notice period is not given,
provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
10.6.3 The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
10.7 Time Off During The Notice Period
10.7.1 During the period
of notice of termination given by the employer, an employee shall be allowed up
to one day’s time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purpose of seeking other employment.
10.7.2 If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
10.8 Employee Leaving
During The Notice Period - If the employment of an employee is terminated
(other than for misconduct) before the notice period expires, the employee
shall be entitled to the same benefits and payments under this clause had the
employee remained with the employer until expiry of such notice. Provided that, in such
circumstances, the employee shall not be entitled to payment in lieu of notice.
10.9 Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
10.10 Notice to Centrelink - Where a decision has been made to terminate
employees, the employer shall notify Centrelink
thereof as soon as possible, giving relevant information including the number
and categories of the employees likely to be affected and the period over which
the terminations are intended to be carried out.
10.11 Centrelink Employment Separation Certificate - The employer
shall, upon receipt of a request from an employee whose employment has been
terminated provide to the employee an Employment Separation Certificate in the
form required by Centrelink.
10.12 Transfer To
Lower-Paid Duties - Where an employee is transferred to lower-paid duties for
reasons set out in subclause 10.2.1, Introduction of change, of this clause,
the employee shall be entitled to the same period of notice of transfer as the
employee would have been entitled to if the employee’s employment had
terminated and the employer may, at the employer’s option, make payment in lieu
thereof of an amount equal to the difference between the former ordinary time
rate of pay and the new ordinary-time rates for the number of weeks of notice
still owing.
10.13 Severance Pay -
Where an employee is to be terminated pursuant to subclause 10.5, subject to
further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the employee the following severance pay in respect of a
continuous period of service:
10.13.1 If an
employee is under 45 years of age, the employer shall pay in accordance with
the following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
10.13.2 Where
an employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service
|
45 Years of Age or
over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
10.13.3 "Week’s
Pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in
accordance with this award.
10.14 Incapacity to Pay
- Subject to an application by the employer and further order of the Industrial
Relations Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in subclause 10.13.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in subclause 10.13
will have on the employer.
10.15 Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in subclause 10.13 of this clause if the employer obtains
acceptable alternative employment for an employee.
11. Termination of
Employment
11.1 Notice of
Termination By Employer
11.1.1 In order to
terminate the employment of a full-time or regular part-time employee the
employer shall give to the employee the period of notice specified in the table
below:
Period of
Continuous Service
|
Period of Notice
|
1 year or less
|
1 week
|
Over 1 year and up to the completion of 3 years
|
2 weeks
|
Over 3 years and up to the completion of 5 years
|
3 weeks
|
Over 5 years of completed service
|
4 weeks
|
11.1.2 In addition to
this notice, employees over 45 years of age at the time of the giving of the
notice with not less than two years continuous service,
are entitled to an additional week’s notice.
11.1.3 Payment in lieu of
the notice will be made if the appropriate notice period is not required to be
worked. Employment may be terminated by the employee working part of the
required period of notice and by the employer making payment for the remainder
of the period of notice.
11.1.4 In calculating any
payment in lieu of notice, the wages an employee would have received in respect
of the ordinary time they would have worked during the period of notice had
their employment not been terminated will be used.
11.1.5 The period of
notice in this clause, shall not apply in the case of dismissal for conduct
that justifies instant dismissal including inefficiency within the first
fourteen days, neglect of duty or misconduct and in the case of casual
employees, apprentices or employees engaged for a specific period of time or
for a specific task or tasks.
11.1.6 Despite the
foregoing provisions, trainees who are engaged for a specific period of time
shall once the traineeship is completed and provided that the trainees’
services are retained have all service including the training period counted in
determining entitlements. In the event that a trainee is terminated at the end
of his or her traineeship and is re-engaged by the same employer within six
months of such termination the period of traineeship shall be counted as
service in determining any future termination.
11.1.7 Continuous service
is defined in subclause 2.11.
11.2 Notice of
Termination by an Employee
11.2.1 The notice of
termination required to be given by an employee is the same as that required of
an employer, save and except that there is no requirement on the employee to
give additional notice based on the age of the employee concerned.
11.2.2 If an employee
fails to give notice the employer has the right to withhold monies due to the employee
to a maximum amount equal to the ordinary time rate of pay for the period of
notice.
11.3 Time Off During
Notice Period - Where an employer has given notice of termination to an
employee, an employee shall be allowed up to one day’s time off without loss of
pay for the purpose of seeking other employment. The time off shall be taken at
times that are convenient to the employee after consultation with the employer.
12. Classifications
and Wage Rates
12.1 An adult employee
of a classification specified in the table hereunder shall be paid not less
than the rate per week assigned to that classification for the area in which
such employee is working.
12.2 Minimum Rates of
Pay
Level &
Classification
|
Beginning of FFP to
commence on or after
|
|
16/12/18
|
|
$
|
Introductory Level
|
709.70
|
LEVEL 1
|
|
Hospitality Services Grade 1
|
732.30
|
LEVEL 2
|
|
Hospitality Services Grade 2
|
766.10
|
Leisure Attendant Grade 1
|
766.10
|
Hospitality Administration and Front Office Grade 1
|
766.10
|
LEVEL 3
|
|
Hospitality Services Grade 3
|
791.10
|
Hospitality Administration and Front Office Grade 2
|
791.10
|
Leisure Attendant Grade 2
|
791.10
|
LEVEL 4
|
|
Hospitality Services Grade 4
|
836.50
|
Hospitality Administration and Front Office Grade 3
|
836.50
|
Leisure Attendant Grade 3
|
836.50
|
LEVEL 5
|
|
Hospitality Services Grade 5
|
893.00
|
Hospitality Administration and Front Office Supervisor
|
893.00
|
LEVEL 6
|
|
Hospitality Services Grade 6
|
918.60
|
12.3 Career Streams -
Despite the recognition of three career path streams, such streaming does not
prevent employees undertaking duties as are within the limits of the employee's
skill, competence and training at the direction of an employer, within or
across different streams provided that where work is undertaken at a higher
grade and/or higher rate then clause 14 - Mixed
Functions is applied.
12.4 The rates of pay
in this award include the adjustments payable under the State Wage Case
2018. These adjustments may be offset
against:
(i) Any
equivalent over-award payments, and/or
(ii) Award wage increases
since 29 May 1991 other than safety net, State Wage Case and minimum rates
adjustments.
12.5 Rates of Pay for
school based apprentice
(a) The hourly
rates for full time apprentices as set out in this Award shall apply to school
based apprentices for total hours worked including time deemed to be spent in
off-the job training.
(b) For the
purposes of subclause (a) of this clause, where a school based apprentice is a
full time school student, the time spent in off-the-job training for which the
school based apprentice is paid is deemed to be 25 per cent of the actual hours
worked on-the-job each week. The wages paid for training time may be averaged
over the school term or year.
(c) Where this
Award specifies a weekly rate for full time apprentices the hourly rate shall
be calculated by dividing the applicable weekly rate by 38.
13. Supported Wage
System for Employees with Disabilities
13.1 Workers Eligible
For A Supported Wage - This clause defines the conditions which will apply to
employees who because of the effects of a disability are eligible for a
supported wage under the terms of this Award.
In the context of this clause, the following definitions will apply:
13.1.1 Supported wage
system means the Commonwealth Government system to promote employment for
people who cannot work at full Award wages because of a disability, as
documented in Supported Wage System:
Guidelines and Assessment Process.
13.1.2 Accredited
assessor means a person accredited by the management unit established by the
Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
13.1.3 Disability support
pension means the Commonwealth pension scheme to provide income security for
persons with a disability as provided under the Social Security Act 1991, as
amended from time to time, or any successor to that scheme.
13.1.4 Assessment
instrument means the form provided for under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
13.2 Eligibility
Criteria -
13.2.1 Employees covered
by this clause will be those who are unable to perform the range of duties to
the competence level required within the class of work for which the employee
is engaged under this Award, because of the effects of a disability on their
productive capacity and who meet the impairment criteria for receipt of a
Disability Support Pension.
13.2.2 The clause does
not apply to any existing employee who has a claim against the employer which
is subject to the provisions of workers' compensation legislation or any
provision of this Award relating to the rehabilitation of employees who are
injured in the course of their current employment.
13.2.3 The Award does not
apply to employers in respect of their facility, programme, undertaking service
or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service
provider and sheltered employer to people with disabilities who are in receipt
of or are eligible for a disability support pension, except with respect to an
organisation which has received recognition under s.10 or s.12A of the Disability Services Act 1986, or if a
part only has received recognition, that part.
13.3 Supported Wage
Rates
13.3.1 Employees to whom
this clause applies shall be paid the applicable percentage of the minimum rate
of pay prescribed by this Award for the class of work which the person is
performing according to the following schedule:
Assessed Capacity
|
% of Prescribed
Award Rate
|
(subclause 13.4)
|
|
10%*
|
10%
|
20%
|
20%
|
30%
|
30%
|
40%
|
40%
|
50%
|
50%
|
60%
|
60%
|
70%
|
70%
|
80%
|
80%
|
90%
|
90%
|
13.3.2 Provided that the
minimum amount payable shall be not less than $71 per week.
13.3.3 Where a person's
assessed capacity is 10 per cent, they shall receive a high degree of
assistance and support.
13.4 Assessment of
Capacity - For the purpose of establishing the percentage of the Award rate to
be paid to an employee under this Award, the productive capacity of the
employee will be assessed in accordance with the Supported Wage System and
documented in an assessment instrument by either:
13.4.1 the
employer and a union party to the Award, in consultation with the employee or,
if desired by any of these;
13.4.2 the
employer and an Accredited Assessor from a panel agreed by the parties to the
Award and the employee.
13.5 Lodgement of
Assessment Instrument
13.5.1 All assessment
instruments under the conditions of this clause, including the appropriate
percentage of the Award wage to be paid to the employee, shall be lodged by the
employer with the Registry of the Industrial Relations Commission of NSW.
13.5.2 All assessment
instruments shall be agreed and signed by the parties to the assessment,
provided that where a union which is party to the Award, is not a party to the
assessment, it shall be referred by the Registry to the union by certified mail
and shall take effect unless an objection is notified to the Registrar within
10 working days.
13.6 Review of
Assessment - The assessment of the applicable percentage should be subject to
annual review or earlier on the basis of a reasonable request for such a
review. The process of review shall be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
13.7 Other Terms and
Conditions of Employment - Where an assessment has been made, the applicable
percentage shall apply to the wage rate only. Employees covered by the
provisions of the clause will be entitled to the same terms and conditions of
employment as all other workers covered by this Award paid on a pro rata basis.
13.8 Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause shall take reasonable steps to make changes in the workplace to
enhance the employee's capacity to do the job.
Changes may involve re-design of job duties, working time arrangements
and work organisation in consultation with other workers in the areas.
13.9 Trial Period -
13.9.1 In order for an
adequate assessment of the employee's capacity to be made, an employer may
employ a person under the provisions of this clause for a trial period not
exceeding 12 weeks, except in some cases additional work adjustment time (not
exceeding four weeks) may be needed.
13.9.2 During that trial
period the assessment of capacity shall be undertaken and the proposed wage
rate for a continuing employment relationship shall be determined.
13.9.3 The minimum amount
payable to the employee during the trial period shall be no less than $56 per
week.
13.9.4 Work trials should
include induction or training as appropriate to the job being trialled.
13.9.5 Where the employer
and employee wish to establish a continuing employment relationship following
the completion of the trial period, a further contract of employment shall be
entered into based on the outcome of assessment under subclause 13.4.
14. Mixed Functions
14.1 An employee
engaged for two or more hours on one day on duties carrying a higher rate than
the ordinary classification shall be paid the higher rate for such day. If for less than two hours he or she shall be paid the higher rate
for the time so worked.
14.2 A higher paid
employee shall, when necessary, temporarily relieve a lower paid employee
without loss of pay.
15. Payment of Wages,
Time and Wages Records
15.1.1 Except upon the
termination of employment, all wages of full time and regular part-time
employees including overtime shall be paid on any day other than Friday,
Saturday, Sunday in each week and not more than two days wages shall be kept in
hand by the employer. However, by agreement between the employer and the
majority of employees in the workplace, in a week where a holiday occurs payment of wages may be made on a Friday.
15.1.2 By agreement
between the employer and the employee wages may be paid either weekly or
fortnightly by one of the following means:
(a) cash;
(b) cheque; or
(c) payment into employee's nominated financial institution
account, without cost to the employee.
15.1.3 In the event of a
disagreement, the provisions of clause 6 may be applied.
15.1.4 However, an
employer may pay an employee weekly by cash without consultation.
15.1.5 Employees who are
paid their wages at any time other than during their working time shall, if
kept waiting for more than 15 minutes, be paid overtime rates for all such
waiting time.
15.1.6 When notice of
termination of employment has been given by an employee or an employee's
services have been terminated by an employer, payment of all wages and other
monies due shall be made at the employee's normal place of employment during
normal office hours, prior to the employee leaving such place of employment. If
an employee is kept waiting for more than 15 minutes after termination of
employment such employee shall be paid overtime rates for waiting time.
15.1.7 Provided where an
employee is dismissed for misconduct, such employee shall be paid within one
hour from the time of dismissal, if such takes place within ordinary office
hours or otherwise as soon thereafter as is practical.
15.1.8 For the purposes
of this clause, waiting time means all time an employee is kept waiting on the
premises of the employer on the day of termination of employment in excess of
the waiting time specified herein. In the event of an employee not being paid
on the day of termination of employment, such employee shall be paid at the
rate of time and a half until payment is effected, with a minimum payment of 2
hours and a maximum of eight hours per day. The above eight hours shall refer
to the period of shift normally worked by the employee.
15.1.9 Despite the
foregoing provisions if it is established the failure to pay an employee
correctly at time of termination was due to a genuine error by the employer,
payment of waiting time over and above the day of termination shall not
apply. Any disputes arising in relation
to this issue shall be dealt with in accordance with Clause 6 ‘Procedure to
Avoid Industrial Disputation’.
15.2 Alternative
Method of Payment
15.2.1 As an
alternative to being paid by the week according to Clause 12 - Classifications
and Wage Rates, by agreement between the employer and the employee an employee
can be paid at a rate equivalent to an annual salary of at least 25 per cent or
more above the rate prescribed in Clause 12 - Classifications and Wage Rates
times 52 for the work being performed.
In such cases, there is no requirement under Clauses 20 - Overtime, 21 -
Saturday work, 22 - Sunday Work, subclause 18.8 - Work Outside Daily Hours and
Clause 27 - Public Holidays to pay overtime or penalty rates in addition to the
weekly Award wage, provided that the salary paid over a year was sufficient to
cover what the employee would have been entitled if all Award overtime and penalty
rate payment obligations had been complied with.
15.2.2 Provided
further in the event of termination of employment prior to completion of a year
the salary paid during such a period of employment shall be sufficient to cover
what the employee would have been entitled to if all Award overtime and penalty
rate payment obligations had been complied with.
15.2.3 An
employee being paid according to this clause shall be entitled to a minimum of
eight days off per four week cycle.
Further, if an employee covered by this clause is required to work on a
public holiday, such employee shall be entitled to a day off in lieu or a day
added to his/her annual leave entitlement.
16. Allowances
16.1 Meal Allowance
16.1.1 A full
time or regular part-time employee required to work overtime for more than two
hours without being notified on the previous day or earlier that he or she will
be so required to work shall either be supplied with a meal by the employer or
paid $13.25 meal money.
16.1.2 If an
employee pursuant to notice has provided a meal and is not required to work
overtime or is required to work less than the amount advised, he or she shall
be paid as above prescribed for the meal which he or she has provided but which
is surplus.
16.2 Broken periods of
work allowance
16.2.1 A full time or
regular part-time employee who has a broken work day shall receive an
additional allowance for a spread of hours prescribed as follows:
Spread of Hours
|
Rate per day
|
|
SWC 2018
|
|
$
|
Under 10
|
Nil
|
10 but under 10-1/2
|
1.61
|
10-1/2 but under 11-1/2
|
3.16
|
11-1/2 or more
|
4.77
|
16.3 Penalty rates not
cumulative
Except as provided in clause 19, Meal Breaks of this
award where time worked is required to be paid for at more than the ordinary
rate, such time shall not be subject to more than one penalty, but shall be
subject to that penalty which is to the employee's greatest advantage.
16.4 Board and lodging
16.4.1
(a) Where board and
residence is made available to adult employees the employer shall have the
right to deduct from the pay of the employees residing on the premises an
amount of $136.40 per week of seven days.
(b) Provided that
where an adult employee is required to share a room for lodging, the amount to
be deducted from the pay of the employee for lodging shall be $134.60 per week
of seven days.
16.4.2
(a) Where lodging
only is made available to adult employees, the employer shall have the right to
deduct from the pay of the employee residing on the premises the sum of $130.10
per week of seven days.
(b) Provided that
where an adult employee is required to share a room for lodging, the amount to
be deducted from the pay of such employee for lodging, shall be $129.75 per
week of seven days.
16.4.3 In the
case of employees who do not reside on the employer's premises a deduction at
the rate of $7.35 for each meal supplied and consumed during the employee's
spread of working hours may be deducted by the employer.
16.4.4 The
rates for board and lodging for adults shall be increased or decreased by 21
cents, for each meal by one cent, for every 50 cents per week alteration in the
rate of classification Hospitality services grade 1 in clause 12 -
Classification and wage rates.
16.4.5 Junior
employees receiving adult rates of pay as prescribed in this Award shall be
subject to the deductions applicable to adults prescribed in this clause.
16.4.6 Junior
employees receiving junior rates of pay shall be subject to a deduction at the
rate of 50 cents for each meal supplied and consumed during the employee's
spread of working hours.
16.5 Laundry allowance
Where any employee is required to wear a special
uniform such uniform shall be provided and laundered by the employer free of
cost to the employee or if mutually agreed that the employee shall launder such
uniform the employer shall pay the employee $2.69 for each uniform so laundered
with a maximum of $8.40
per week.
16.6 Clothing,
equipment and tools
16.6.1 Where
it is necessary that an employee wear waterproof or other protective clothing
such as waterproof boots, aprons, or gloves, the employer must reimburse the
employee for the cost of purchasing such clothing. The provisions of this
clause do not apply where the special clothing is supplied without cost to the
employee. Where protective clothing is supplied without cost to the employee , it will remain the property of the employer. In
the event of a dispute, the necessity for the provision of protective clothing
may be determined by the Motels, Accommodation and Resorts, &c., Employees
(State) Industrial Committee.
16.6.2 Where
the employer requires an employee to provide and use any tools, brushes,
knives, choppers, implements, utensils and materials, the employer must
reimburse the employee for the cost of purchasing such equipment. The
provisions of this clause shall not apply where the employer supplied such
items without cost to the employee.
16.6.3 An
employer may require an employee on commencing employment to sign a receipt for
item/s of uniform and property. This receipt must list the item/s of uniform and
the value of them. If, when an employee ceases employment the employee does not
return the item/s of uniform and property (or any of them) in accordance with
receipt the employer will be entitled to deduct the value as stated on the
receipt from the employees wages.
16.6.4 In the
case of genuine wear and tear, damage, loss, or theft that is not the
employee's fault the provision of 16.6.3 will not apply.
16.6.5 Any
disagreement concerning the value of item/s of uniform and any other aspect of
this clause shall be determined by the Motels, Accommodation and Resorts,
&c., Employees (State) Industrial Committee.
16.7 Travelling,
transport and fares
16.7.1 Where
an employee is detained at work until it is too late to travel by the last
ordinary train, tram, vessel or other regular conveyance to his or her usual
place of residence the employer shall either provide proper conveyance or
provide accommodation for the night free of charge.
16.7.2 If an
employee is required to start work before his ordinary commencing time and
before the first ordinary means of conveyance (hereinbefore prescribed) is
available to convey him or her from his or her usual place of residence to the
place of employment, the employer shall provide a conveyance or pay the cost
thereof.
16.7.3 Where
a full time or regular part-time employee is engaged for work outside a
distance of 44 kilometres from the place of engagement he or she shall be paid
all fares actually and necessarily incurred in travelling from the place of
engagement to the place of employment; provided that if the employee leaves his
or her place of employment or is dismissed for misconduct within a period of
three months of the date engagement, the employer may recover from the employee
the fare paid on engagement.
16.8 Overnight Stay
Where the employer requests and an employee agrees to
stay overnight on the employer's premises for a period outside that of the
employee's normal rostered hours of duty, the following arrangements shall
apply:
16.8.1 An
employee shall be entitled to an amount of $52.25 per overnight stay period.
16.8.2 This
payment shall be deemed to provide compensation for the overnight stay and also
includes compensation for all work necessarily undertaken by an employee up to
a total of one hour's duration.
16.8.3 Any
work necessarily performed during an overnight stay period by the employee in
excess of a total of one hour's duration shall be paid for at the rate of time
and one half. The payments referred to
above shall not extend beyond the period of the overnight stay.
16.8.4 Any
time worked under 16.8.2 or 16.8.3 shall not be taken into account for the
purposes of Clause 8 - Types of Employment, Clause 18 - Hours of Work or Clause
20 - Overtime of this award.
16.8.5 An
employee required to stay overnight in accordance with this clause without
being notified on the previous day or earlier that he or she will be so
required shall either be supplied with a meal by the employer or paid $11.50
meal money.
17. Superannuation
17.1 Preamble
17.1.1 Superannuation
legislation
(a) The subject of
superannuation contributions is dealt with extensively by legislation including
the Superannuation Guarantee
(Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993 and the Superannuation
(Resolution of Complaints) Act 1993.
The legislation, as varied from time to time, governs the superannuation
rights and obligations of the parties.
(b) Notwithstanding
17.1.1(a) above, the following provisions shall also apply.
17.2 Definitions
17.2.1 The
Fund for the purpose of this clause shall mean the Hospitality Industry
Portable Liquor Union Superannuation Trust Deed (HOST-PLUS) which complies with
the Superannuation Industry (Supervision)
Act 1993 as amended from time to time, and any scheme which may be made in
succession thereto.
17.2.2 Ordinary
time earnings for the purpose of this clause, means:
(a) Award
classification rate;
(b) overaward payment;
(c) shift loading -
including weekend and public holiday penalty rates earned by shift employees on
normal rostered shifts forming the ordinary hours of duty not when worked as
overtime;
(d) casual loading in respect to casual employees.
17.2.3 Ordinary
time earnings does not include bonuses, Commission,
payment for overtime or other extraordinary payment, remuneration or allowance.
17.3 Employers to
Become a Party to the Fund
17.3.1 An
employer shall make application to the Fund to become a participating employer
in the Fund and shall become a participating employer upon acceptance by the
Trustee of the Fund.
17.3.2 An
employer shall provide each employee who is not a member of the Fund with a
membership application form upon commencement of this clause and thereafter
upon commencement of employment.
17.3.3 Each
employee shall be required to complete the membership application and the
employer shall forward the completed application to the Fund by the end of the
calendar month of commencement of this clause or commencement of employment.
17.4 Eligibility of
Employees
17.4.1 Each
employee shall be eligible to join the Fund upon commencement of employment,
subject to 17.3.1.
17.4.2 Each
employee shall be eligible to receive contributions from the date of
eligibility, notwithstanding the date the membership application prescribed in
17.3.3 was forwarded to the Fund.
17.5 Employer
Contribution
17.5.1
An employer shall contribute to the Fund in respect of
each employee such contributions as required to comply with the Superannuation Guarantee (Administration)
Act 1992 and Superannuation Guarantee
Charge Act 1992 as amended from time to time.
17.5.2
(a) Provided that
the employer shall make contributions for each employee for each month where
the employee earns $350.00 or more in a calendar month.
(b) The amount of
contributions to the fund shall be calculated to the nearest ten cents, any
fraction below five cents shall be disregarded.
17.5.3 An
employer shall contribute to the Fund:
(a) monthly by the
last day of the month following the total of the weekly contribution amounts
accruing in the previous month in respect of each employee; or
(b) equivalent monthly contributions at such other times and in
such other manner as may be agreed in writing between the Trustees of a Fund
and the employer.
(c) Contributions
shall continue to be paid in accordance with this sub-clause during any period
in respect of which an employee is entitled to receive Accident Pay in
accordance with clause 30 of this Award.
17.6 Voluntary
Employees Contribution
17.6.1 An employee may
make contributions to the Fund in addition to those made by the respondent
employer under subclause 17.5.
17.6.2 An employee who
wishes to make additional contributions must authorise the respondent employer
in writing to pay into the Fund, from the employee's wages, amounts specified
by the employee in accordance with the Fund Trust Deed and Rules.
17.6.3 An employer who
received written authorisation from the employee, must
commence making payments into the Fund on behalf of the employee within
fourteen days of receiving the authorisation.
17.6.4 An employee may
vary his or her additional contributions by a written authorisation and the
employer must alter the additional contributions within 14 days of receiving
the authorisation.
17.6.5 Additional
employees contributions to the Fund requested under this clause shall be
expressed in whole dollars.
17.6.6 Employees shall
have the right to adjust the level of contributions made on their own behalf on
the first of July each year provided that by agreement with the respondent
employer the employees may vary their additional contribution at other times.
17.7 Exemptions
17.7.1 Persons
employed in any capacity whether permanent or casual in or in connection with
flats and residential chambers and establishments of a like nature, shall be
exempt from the provisions of this clause except for 17.1.1(a).
17.7.2 Where
an agreement is reached at a particular enterprise or workplace, between the
employer and the majority of employees, to provide for the payments of
superannuation contributions into a fund other than HOST PLUS, an application
shall be made to the Commission to vary the operation of the Award in respect
of the enterprise or workplace concerned.
17.7.3 The
agreement must meet the following requirements to enable the Commission to vary
the Award to give effect to it:
(a) That the
majority of employees covered by the agreement genuinely agree to it; and
(b) That the fund
specified is a complying fund under the Superannuation
Industry (Supervision) Act 1993 (SIS).
(c) The union must
be notified of the terms of the agreement at the time it is lodged with the
Commission for approval.
(d) In the event
that the union does not notify the Commission of an objection to the agreement
within fourteen days of the agreement being lodged, the Commission will vary
the Award if satisfied the agreement complies with the SIS Act.
(e) In the event
that the union objects to the agreement within the specified time then the
matter will be set down for hearing.
17.7.4
(a) In respect of non union members in any contested matter,
the union must bear the onus of establishing that "special
circumstances" exist which warrant the continued specification of
HOST PLUS as the prescribed fund. In
respect of union members, the employer applicant must bear the onus of
establishing its case on the usual grounds of "equity, good conscience and
the substantial merits of the case".
(b) Failure by an
employer to give each relevant union an opportunity to be involved in the
process leading up to the making of an agreement may result in the Commission
adjourning or refusing the application to vary the Award.
(c) A relevant
union in this context means an organisation of employees that:
(i) is party to this Award; and
(ii) has
one or more members employed by the employer to perform work in the relevant
enterprise or workplace.
18. Hours of Work
18.1 The ordinary
hours of work of a full-time employee are an average of 38 hours per week.
18.1.1 The
average of 38 hours per week is to be worked in one of the following ways:
(a) a nineteen day month, of eight hours each day;
(b) four days at
eight hours and one of six hours;
(c) four days at
nine and a half hours per day;
(d) five days of
seven hours and 36 minutes per day;
(e) 152 hours per
each four week period; or
(f) 160 hours per
each four week period, with a day banked per period up to a maximum of five.
(g) any combination of the above.
18.2 The arrangement
for working the average of 38 hours per week is to be agreed between the
employer and the employee from the alternatives in clause 18.1.
18.3 The agreed hours
of work arrangement must meet the following conditions:
18.3.1 A
minimum of six hours and a maximum of eleven and a half hours may be worked on
any one day. The daily minimum and maximum hours are exclusive of meal break
intervals.
18.3.2 An
employee cannot be rostered to work for more than ten hours per day on more
than three consecutive days without a break of at least 48 hours.
18.3.3 No
more than eight days of more than ten hours may be worked in a four week
period.
18.3.4 An
employee shall be entitled to eight full days off per four week period; and
18.3.5 No
employee shall work more than ten days in succession without a rostered day off.
18.4 Broken Shifts -
Spread of Hours - Where broken shifts are worked the spread of hours can be no
greater than twelve hours per day,
18.5 Wage Entitlements
- Employees shall be entitled to a week's wages in accordance with clause 12 of
this Award for each week of work.
18.6 Sickness on
Rostered Day Off - Where an employee is sick or injured on his/her rostered day
off he/she shall not be entitled to sick pay nor shall the sick pay entitlement
be reduced as a result of sickness or injury on that day.
18.7 Pay Day - In the
event that an employee by virtue of the arrangement of his/her ordinary working
hours is rostered off duty on a day which coincides with payday such employee
shall be paid no later than the working day immediately following such payday.
18.8 Work Outside
Daily Hours
18.8.1 Full
time or regular part-time employees who are required to work any of their
ordinary hours outside the hours of 7.00 a.m. to 7.00 p.m. on Monday to Friday inclusive, shall be paid $2.13 per hour, or part thereof,
for any such time worked outside the said hours with a minimum payment of $3.26
for any one day.
18.9 Posting of Roster
18.9.1 A
roster for all full time and regular part-time employees showing normal
starting and finishing time and the surname and initials of each employee shall
be prepared by the employer and shall be posted in a conspicuous place or
places accessible to the employees concerned.
18.9.2 The
roster for full time and regular part time employees shall be alterable by
mutual consent at any time or, in the case of a full time employee, by
amendment on 7 days' notice.
18.9.3 Where
practicable, 2 weeks' notice of rostered day or days off shall be given
provided that the days off may be changed by mutual consent or through absence
through sickness or other cause over which the employer has no control.
18.9.4 Any
dispute concerning rostering must be dealt with in accordance with the
provisions of Clause 6 - Procedure to Avoid Industrial Disputation.
18.10 Work on Rostered
Days Off - All work performed on an employee's
rostered day off shall be paid for at double time, with a minimum of 4 hours at
the rate of double time.
18.11 Make-Up Time
18.11.1 An
employee may elect, with the consent of the employer, to work "make-up time", under which
the employee takes time off during ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
18.11.2 An
employee on shift work may elect, with the consent of the employer, to work
"make-up time" (under which the employee takes time off ordinary
hours and works those hours at a later time), at the shift work rate which
would have been applicable to the hours taken.
19. Meal Breaks
19.1 Meal Breaks
19.1.1 Each
employee shall be granted a meal interval of not less than 30 minutes to be
commenced after completing one hour 30 minutes and not later than 6 hours of
duty. Provided that an employee allowed a crib break of not less than 20
minutes pursuant to subclause 19.1.4 hereof shall be deemed to have been
allowed the meal interval provided in this clause.
19.1.2 The
foregoing provision does not have to apply to casual or part-time employees who
are rostered for 6 hours or less in any day.
19.1.3 Where
it is not possible to grant the meal interval on any day the said meal interval
shall be treated as time worked and paid at the rate for the day plus half time
additional at the ordinary weekly rate, until released for a meal. Provided
that where an employee is required to exceed 5 hours
work after the first meal interval he or she shall be granted a further meal
interval of 20 minutes to be treated as time worked.
19.1.4 Where
an employee's hours of work falls wholly between 11.00 p.m. and 8.00 a.m. the
employee including a part-time employee shall be allowed a crib break of not
less than 20 minutes which shall be counted as time worked.
20. Overtime
20.1 Reasonable
Overtime
20.1.1 Subject
to paragraph 20.1.2 below, an employer may require an employee to work
reasonable overtime at overtime rates or as otherwise provided for in this
award.
20.1.2 An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working hours, which are unreasonable.
20.1.3 For
the purposes of paragraph 20.1.2 what is unreasonable or otherwise will be
determined having regard to:
(a) Any risk to
employee health and safety;
(b) The employee's
personal circumstances including any family and carer responsibilities;
(c) The needs of the
workplace or enterprise;
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other
relevant matter.
20.2 All time worked
by a full time employee in excess of the ordinary hours and/or outside the
spread of hours or outside the rostered hours prescribed in clause 18 of this
Award shall be overtime and shall be paid for at the following rates:
20.2.1 Monday
to Friday inclusive time and a half for the first 2 hours and double time for
all work thereafter.
20.2.2 Between
midnight Friday and midnight Saturday time and 3/4 for the first 3 hours and
double time for all time worked thereafter.
20.2.3 Between
midnight Saturday and midnight Sunday double time for all time worked.
20.2.4 Overtime
on any day shall stand alone.
20.2.5 If an
employee is so long on overtime duty following his or her normal finishing time
that he or she has not had 8 hours interval before his or her next regular
starting time such employee shall be allowed at least 8 consecutive hours
interval without deduction of pay or shall be paid at overtime rates for all
time of duty until such employee has had at least 8 hours interval.
20.3 Despite the rate
prescribed in clause 20.2.1, 20.2.2 and 20.2.3 at the instigation of the
employee there may be an agreement in writing between the employee and employer
to take time-off with pay equivalent to the amount for which payment would
otherwise have been made. Such accumulated time must be taken within four weeks
from the time of accrual.
20.4 A regular
part-time employee is paid at overtime rates in the circumstances specified in
clause 8.3.7.
21. Saturday Work
All ordinary time worked by full time or regular
part-time employees from midnight Friday to midnight Saturday shall be paid for
at the rate of time and a quarter.
22. Sunday Work
All ordinary time worked by full-time or regular
part-time employees from midnight Saturday to midnight Sunday shall be paid for
at the rate of time and three quarters.
23. Annual Leave
23.1 See Annual
Holidays Act, 1944.
23.2 During any period
of annual leave an employee shall receive a loading of 17.5% calculated on the
rates of pay prescribed by clause 12, Classifications and Wage Rates.
23.3 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
23.3.1 Access
to annual leave, as prescribed in clause 23.3 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
23.3.2 An
employee and employer may agree to defer payment of the annual leave loading in
respect of single day absences, until at least five consecutive annual leave
days are taken.
23.3.3 An
employee may elect with the employers agreement to take annual leave at any
time within a period of 24 months from the date at which it falls due.
24. Personal Leave
24.1 Sick Leave -
24.1.1 Definition
- Sick leave is leave to which an employee other than a casual is entitled
without loss of pay because of his or her personal illness or injury.
24.1.2 Entitlement
(a) In the first
three calendar months of employment - no more than 10 hours.
(b) In the second
three calendar months of employment - no more than a further 10 hours.
(c) In the first
year of employment - no more than 45.6 hours.
(d) In the second
year of employment and thereafter - no more than 76 hours.
(e) Sick leave may
accumulate to a maximum of 304 hours for full time employees, and for part-time
employees, to a maximum of 8 times the average weekly hours such employee works
in any one year.
(f) The amount of
personal leave to which a regular part-time employee is entitled is determined
on a pro-rata basis, reckoned each calendar month by reference to the following
formula:
Total hours worked in the month
|
x
|
relevant full-time entitlement
|
152
|
|
|
24.1.3 Employee
must give notice
(a) Before taking
sick leave, an employee must give at least two hours’ notice before his or her
next rostered starting time, unless he or she has a good reason for not doing
so.
(b) The notice must
include:
the nature of the injury or
illness (if known); and
how long the employee expects
to be away from work.
(c) If it is not
practicable for the employee to give prior notice of absence, the employee must
notify the employer by telephone at the first opportunity.
24.1.4 Evidence
supporting claim - A claim made for sick leave shall be supported by evidence
from the employee satisfactory to the employer that the employee was unable on
account of illness or personal injury to attend for duty on the day for which
leave is claimed.
24.1.5 The
effect of workers’ compensation - If an employee is receiving workers’
compensation payments, he or she is not entitled to sick leave.
24.2 Carer’s Leave -
24.2.1 Use of
Sick Leave
An employee, other than a casual employee, with
responsibilities in relation to a class of person set out in 24.2.3(b) who
needs the employee’s care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement, provided
for at subclause 24.1 of clause 24, Personal Leave of the award, for absences
to provide care and support for such persons when they are ill, or who require
care due to an unexpected emergency. Such leave may be taken for part of a
single day.
24.2.2 The
employee shall, if required,
(1) establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, or
(2) establish by production of documentation acceptable to the
employer or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
24.2.3 The
entitlement to use sick leave in accordance with this clause is subject to:
(a) the employee being responsible for the care and support of
the person concerned; and
(b) the person concerned being:
1. a spouse of the employee; or
2. a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
3. a child or an adult child (including an adopted child, a
step child, a foster child or an ex-nuptial), parent (including a foster parent
and legal guardian), grandparent, grandchild or sibling of the employee or
spouse or de facto spouse of the employee; or
4. a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
5. a relative of the employee who is a member of the same
household, where for the purposes of this paragraph:
(a) "relative" means a person related by blood, marriage or
affinity;
(b) "affinity" means a relationship that one spouse because
of marriage has to blood relatives of the other; and
(c) "household" means a family group living in the same
domestic dwelling.
24.2.4 An
employee shall, wherever practicable, give the employer notice prior to the
absence of the intention to take leave, the name of the person requiring care
and their relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 6, Procedure to Avoid Industrial Disputation,
should be followed.
24.3 Unpaid Leave - An
employee may elect, with the consent of the employer, to take unpaid leave for
the purpose of providing care and support to a class of person set out in
24.2.3(b) above who is ill or who requires care due to an unexpected emergency.
24.4 Time Off in Lieu
of Payment for Overtime
24.4.1 For
the purpose only of providing care and support for a person in accordance with
subclause 24.2 of this clause, and despite the provisions of clause 20,
Overtime, the following provisions shall apply.
24.4.2 An
employee may elect, with the consent of the employer, to take time off in lieu
of payment for overtime at a time or times agreed with the employer within 12
months of the said election.
24.4.3 Overtime
taken as time off during ordinary time hours shall be taken at the ordinary
time rate, that is, an hour for each hour worked.
24.4.4 If,
having elected to take time as leave in accordance with paragraph 24.4.1 of
this subclause, the leave is not taken for whatever reason payment for time
accrued at overtime rates shall be made at the expiry of the 12 month period or
on termination.
24.4A Personal
Carers Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 24.2.2 and 24.2.4 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 24.2.3(b) of this clause who are sick
and require care and support, or who require care due to an unexpected emergency,
or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
24.4.5 Where
no election is made in accordance with the said paragraph 24.4.1, the employee
shall be paid overtime rates in accordance with the award.
24.5 Bereavement Leave
24.5.1 Paid
Leave Entitlement
(a) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in 24.5.3 below.
(b) For a regular
part-time employee, a "day" for the purposes of this paragraph will
be reckoned by dividing the total number of hours worked by the employee in the
four week period immediately prior to the employee taking bereavement leave by
the number of days worked by the employee in the four week period.
24.5.2 The
employee must notify the employer as soon as practicable of the intention to
take bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
24.5.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer’s Leave in 24.2.3, provided that
for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
24.5.4 An
employee shall not be entitled to bereavement leave under this clause during
any period in respect of which the employee has been granted other leave.
24.5.5 Bereavement
leave may be taken in conjunction with other leave available under subclause
18.11 of clause 18, Hours of Work, subclause 23.3 of clause 23, Annual Leave,
and subclauses 24.2, 24.3 and 24.4 of this clause. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
24.5.6 Bereavement
entitlements for casual employees
24.5.6.1 Subject
to the evidentiary and notice requirements in 24.5.2 casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause 24.2.3(b) of clause 24, Personal
Leave.
24.5.6.2 The
employer and the employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement,
the employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
24.5.6.3 An
employer must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not engage a casual employee are otherwise not affected.
25. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental
leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the period of simultaneous unpaid parental leave
use up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time
basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in
writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under 3(a)(iii),
such a request must be made as soon as possible but no less than seven weeks
prior to the date upon which the employee is due to return to work from
parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
26. Jury Service
26.1 A full-time or
regular part-time employee required to attend for jury service during their
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount of ordinary wage they would have received Monday to
Friday in respect of the ordinary time they would have worked had they not been
on jury service.
26.2 An employee shall
notify their employer as soon as possible of the date upon which they are
required to attend for jury service.
26.3 Further the
employee shall give their employer proof of their attendance, the duration of
such attendance and the amount in respect of such jury service.
27. Public Holidays
27.1 Prescribed Public
Holidays
27.1.1 Employees
other than casuals shall be entitled to the following holidays without loss of
pay: New Years Day, Australia Day, Good Friday,
Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queens Birthday,
Labour Day, Union Picnic Day, Christmas Day and Boxing Day, or such other day
as is generally observed in the locality as a substitute for any of the said
days respectively.
27.1.2 In
respect to Christmas Day and Boxing Day if either day falls on a Saturday or
Sunday and an employee is required to work on such day or days then the day or
days shall be treated as the public holiday and day substituted shall be paid
at the rate that would otherwise be paid on 25 and/or 26 December.
27.2 Provided that when
an employee is absent from his or her employment only on one working day or
part of a day before or after a holiday, except on account of illness or other
legitimate reason, he or she shall not suffer loss of payment for more than one
day of the holidays.
27.3 Payment for work
on a public holiday
27.3.1 Subject
to 27.6, all time worked by a full-time employee on a holiday herein prescribed
shall be paid for at the rate of double time and one-half for the hours worked,
with a minimum of four hours additional pay.
Alternatively, such employees who work on a prescribed holiday, may, by
agreement, perform such work at time and one-half the ordinary Monday to Friday
rate, provided that the equivalent of the time worked is also added to the
employee’s annual leave or one day in lieu of such public holiday shall be
allowed to the employee during the week in which such holiday falls. Provided that such holiday
may be allowed to employees within 28 days of such holidays falling due.
27.3.2 Casual
employees working on a public holiday prescribed by this clause,
shall be paid according to the provisions of clauses 8.2.2(c) and 8.2.2(e) of
this Award.
27.3.3 Regular
part-time employees required to work on a public holiday prescribed by this
clause shall be paid (at the rate of double time and a half for all time
worked) according to the provisions of clauses 8.3.4, 8.3.5 and 8.3.6 of this
Award.
27.4 Additional Public
Holidays
Where in a State or Territory or locality within a
State or Territory an additional public holiday (other than Easter Saturday) is
proclaimed or gazetted by the authority of the Commonwealth Government or of a
State or Territory government and such proclaimed or gazetted holiday is to be
observed generally by persons throughout that State or Territory or a locality
thereof, other than by those covered by Federal Awards, or when such a
proclaimed or gazetted day is, by any required judicial or administrative
order, to be so observed, then such day shall be deemed to be a holiday for the
purposes of this Award, for the employees covered by this Award who are
employed in the State, Territory or locality in respect of which the holiday
has been proclaimed or ordered as required.
27.5 Rostered Day Off Coinciding With a Holiday -
27.5.1 Where an full time employee's rostered day or days off coincide(s)
with a holiday prescribed in this Award, the holiday shall not be a holiday for
such employee and the holiday shall be substituted in one of the methods
following:
(a) one day with
pay added to the annual leave;
(b) payment of one day's pay shall be made to the employee on
the next succeeding pay day;
(c) such holiday may be allowed off with pay to the employee
within 28 days after such holiday falls;
NOTE: one of the above methods must be mutually agreed
upon by the employee and the employer. Failing such agreement the provision
prescribed in 27.5.1(a) hereof shall apply.
27.5.2 A
regular part-time employee (as defined in clause 8.3) is to be entitled to the
public holidays listed in clause 27.1 without loss of pay if those public
holidays fall on days the employee would normally work in accordance with
clause 8.3.
27.5.3 An
employer must not alter an employee’s roster on any occasion so as to avoid any
of the provisions of this clause. Where a roster is altered so as to avoid or
reduce payment due or the benefit applicable under this clause, the employee
must be paid for such holiday/s as if the roster had not been changed.
27.5.4 Despite
27.5.2, a regular part-time employee who was employed on or before 12 August
2005 and who works an average of five days per week must not be disadvantaged
while the employee continues in employment as a regular part-time employee with
the same employer by the fact that a prescribed holiday falls upon a day when
the employee would not be working. The compensation for such employee will be
that set out in paragraph 27.5.1 above.
27.6 Substitution of
Days
27.6.1 An
employer and a majority of employees in a workplace may, subject to the
following conditions, agree to substitute another day for any prescribed in
this clause.
27.6.2 If the
employer intends to seek agreement on substituting a day or days and the union
has members at the particular workplace then the employer must inform the union
of its intention and provide the union with an opportunity to participate in
negotiations relating to substitution.
27.6.3 After
the employer and a majority of employees have agreed to a substitute day, the
agreement must be recorded in writing and made available to every affected
employee.
27.6.4 The
employer must record substitution day arrangements in the time and wages
records kept pursuant to Division 2 of Part 4 of the Industrial Relations
(General) Regulations.
27.6.5 Any
disputes in relation to the practical application of this provision may be
dealt with in accordance with Clause 6.
28. National Training
Wage
The parties to this award shall observe the terms of
the National Training Wage Award 1994 as amended, as though bound by clause 3
of that Award.
29. Work Experience
The provisions of this Award shall not apply to high or
secondary school students whilst undergoing work experience with the written
approval of a school career co-ordinator or similar school's officers.
30. Accident Pay
See Workplace Injury Management and Workers
Compensation Act 1998.
31. Posting of Award
A copy of this Award, as varied from time to time,
shall be maintained in each establishment of an employer and shall be available
for inspection at any time by an employee covered by this Award.
32. Leave for
Consultation Meetings
Each employer must allow his/her employers to attend
meetings to discuss industrial matters without loss of ordinary pay provided
the following conditions are observed:
32.1 At least fourteen
days' notice of such meeting is given to the employer.
32.2 The period of the
meeting is no greater than three hours, with employees returning to duty by
5.00pm if so rostered.
32.3 The employer is
only obliged to pay wages for the period of the meeting if the employer is in
receipt of satisfactory evidence of the employee’s attendance at the meeting.
32.4 Such consultation
meetings are to be held on either a Monday or Tuesday, not being a week in
which a public holiday occurs.
32.5 The employer is
only obliged to pay wages for the period that the employee was rostered for
duty.
32.6 The employer is
not obliged to pay wages for more than one such meeting in any calendar year.
33. Basis of Award
This award was originally made in relation to the award
of the Australian Industrial Relations Commission known as the Motels,
Accommodation and Resorts Award 1998.
34.
Anti-Discrimination
34.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital or
domestic status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
34.2 It follows that,
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
34.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
34.4 Nothing in this
clause is to be taken to affect:
34.4.1 any conduct or act which is specifically exempted from
anti-discrimination legislation;
34.4.2 offering or providing junior rates of pay to persons under
21 years of age;
34.4.3 any act or practice of a body established to propagate religion
which is exempted under section 56(d) of the Anti-Discrimination Act
1977;
34.4.4 a party to this award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
34.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
Notes
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
35. Union Dues
(i) The
employer shall deduct Union membership fees (not including fines or levies)
from the pay of any employee, provided that:
(a) the employee has authorised the employer to make such
deductions in accordance with subclause (ii) herein;
(b) the Union shall advise the employer of the amount to be
deducted for each pay period applying at the employer’s workplace and any
changes to that amount;
(c) deduction of Union membership fees shall only occur in each
pay period in which payment has or is to be made to an employee; and
(d) there shall be no requirement to make deductions for casual
employees with less than two months’ service (continuous or otherwise).
(ii) The employee’s
authorisation shall be in writing and shall authorise deduction of an amount of
Union fees (including any variation in that fee effected
in accordance with the Union’s rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee’s consent
to do so. Such consent may form part of
the written authorisation.
(iii) Monies so
deducted from employees’ pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer’s election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees’ membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the employer has elected to remit on a monthly or
quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of
the monies deducted.
(iv) Where the
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(v) The Union shall
advise the employer of any change to the amount of membership fees made under
its rules, provided that this does not occur more than once in any calendar
year. Such advice shall be in the form
of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly or quarterly as the case may be. The Union shall give the employer a minimum
of two months’ notice of any such change.
(vi) An
employee may at any time revoke in writing an authorisation to the employer to
make payroll deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of Union membership fees to cease.
36. Leave Reserved
Leave is reserved for any party to revisit the
provisions of the award to consider what amendments, if any, should be made to
the award as a result of the decisions of the Commission in matter IRC No. 4330
of 2003, application for variation of awards Re: Secure Employment Clause, and
matter IRC No. 7167 of 2003, application for a State Decision pursuant to s51
of the Industrial Relations Act 1996 to address Employment Opportunities.
37. Area, Incidence
and Duration
37.1 This award
rescinds and replaces:
(a) the Motels, Accommodation and Resorts, &c., (State)
Award published 27 November 2015 (378 I.G. 119), and all variations thereof ;
(b) the Flats, Residentials &c.,
(State) Award published 5 January 1983 (228 I.G. 58), and all variations
thereof;
(c) the Flats, Residentials &c.,
Redundancy and Technological Change (State) Award published 9 February 1996
(290 I.G. 628), and all variations thereof; and
(d) the Flats, Residentials &c.,
(State) Wages Adjustment Award published 28 February 1997 (296 I.G. 1025), and
all variations thereof.
It shall apply to all persons employed in any capacity
whether permanent or casual in or in connection with motor inns or motels,
unlicensed private hotels, serviced apartments, resorts, time share facilities,
health or recreation farms, guest houses, ski lodges, holiday flats/units,
holiday ranches or farms, condominiums, flats (being premises (not being an
hotel licensed to sell spirituous or fermented liquors) where either furnished,
unfurnished or service apartments are let or sub-let to tenants (but does not
include a private house) and residential chambers (being a lodging house or
residential establishment (not being an hotel licensed to sell spirituous or
fermented liquors) where accommodation only is provided) and establishments of
a like nature together with restaurants, function areas, convention centres or
like facilities, ancillary to or part of any of the above whether such
establishments are licensed to serve alcoholic drinks or not and in or in
connection with preparing and serving food, cleaning and attending to the
premises and all other services associated therewith, excluding the County of Yancowinna and government accommodation houses, and
excepting all persons employed by Lutanda Children's
Home Ltd at Camp Toukley, provided further that Camp Toukley continues to
provide the type of services as identified in the affidavit of John Roberts,
dated 11 May 2001, filed in proceedings IRC 2328/2000.
37.2 This award shall
take effect from the beginning of the first pay period to commence on or after
16 December 2018 and shall remain in force for a period of 12 months.
37.3 Unless otherwise
agreed (and recorded in writing in the time and wages record), for each
employee (full-time, part-time, and casual) who was at 24 March, 1999, employed
under the provisions of the 1994 Private Hotels, Motels, Guest Houses &c.,
Employees (State) Award, as varied from time to time, it is a term of this
award that they do not suffer any reduction in wages or salary as a result of
the making of this award. In this
clause, "an overall reduction in wages or salary" means that, when
comparing like work pattern with like work pattern, the gross income of the
employee is less under this award than it would have been under the provisions
of the 1994 Private Hotels, Motels, Guest Houses, &c., Employees (State)
Award immediately prior to 24 March 1999.
This clause shall cease to operate on 23 March 2001.
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.