Hotel Employees (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Liquor, Hospitality and Miscellaneous Union, New South Wales Branch, Industrial Organisation of Employees.

 

(No. IRC 1315 of 2006)

 

 

VARIATION

 

1.          Insert in numerical order in the Arrangement of the award published 10 May 2002 (333 I.G. 317), the following new clause in numerical order:

 

31A.    Occupational Health and Safety

 

2.          Insert after subclause (f), of clause 7, Casual Work, the following new subclause:

 

(g)        Conversion to full-time or regular part-time employment

 

(i)

 

(1)        This clause only applies to a regular casual employee.

 

(2)        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 (12) months.

 

(ii)

 

(1)        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.

 

(A)       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.

 

(B)       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.

 

(2)        Where a 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.

 

(iii)       Where it is agreed that a 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:

 

(1)        to which form of employment the employee will convert - that is, full-time or regula part-time employment; and

 

(2)        if it is agreed that the employee will become a regular part-time employee, the matters referred to in this Award.

 

(iv)      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.

 

(v)       Despite this Award, where a regular casual employee is at [date of variation] engaged for a two-hour minimum shift, 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

 

(vi)      Once a 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.

 

(vii)     An employee must not be engaged and/or re-engaged (which includes a refusal to re­engage) to avoid any obligation under this Award.

 

(viii)    Nothing in this clause obliges a casual employee to convert to fu// time or regular part­-time employment, nor permits an employer to require a casual employee to so convert.

 

(ix)       Nothing in this clause requires the 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 12 months or more in a particular establishment or in a particular classification stream.

 

(x)        Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full time or regular part-time employment.

 

(xi)       Any dispute about a refusal of an election to employment or about the matters referred to in 7(g)(ii) must be dealt with in accordance with the provisions of Clause 29A - Grievance Procedure.

 

(xii)      Eligible employees who convert their employment under the provisions of this clause may do so from [date of variation]. Service with the same employer prior to [date of variation] will be taken into account for the purposes of any such election. Any dispute arising about the application of this subclause between the date of this order and [date of variation] maybe referred to the Commission for resolution,

 

3.          Insert after clause 31, Anti-Discrimination, the following new clause:

 

31A.  Occupational Health and Safety

 

(i)         Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer's premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(1)        consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

(2)        provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(3)        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4)        ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(ii)        Nothing in this subclause (f) is intended to affect or detract from any obligation or responsibility upon a contract business or labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

4.          This variation shall take effect from the 21 March 2006.

 

 

 

F. L. WRIGHT  J, President.

M. J. WALTON  J, Vice-President.

R. W. HARRISON  D.P.

W. R. HAYLEN  J.

I. TABBAA, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.