Hospitality Industry General Award 2010-Books Pdf

Hospitality Industry General Award 2010
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Hospitality Industry General Award 2010,14 Apprentices 15. 15 Junior employees 15,16 Termination of employment 15. 17 Redundancy 16,Part 4 Classifications and Minimum Wage Rates 17. 18 Work organisation 17,19 Classifications 17,20 Minimum wages 18. 21 Allowances 23,22 Supported wage system 29,23 National training wage 29.
24 School based apprenticeship 29,25 Higher duties 29. 26 Payment of wages 29,27 Annualised salary arrangements 30. 28 Superannuation 31,Part 5 Hours of Work and Related Matters 32. 29 Ordinary hours of work 32,30 Rostering 35,31 Breaks 35. 32 Penalty rates 35,33 Overtime 37,Part 6 Leave and Public Holidays 38.
34 Annual leave 38, 35 Personal carer s leave and compassionate leave 39. 36 Community service leave 39,37 Public holidays 39. Part 7 Industry Specific Provisions 40, 38 No deduction for breakages or cashiering underings 40. 39 Provision of employee accommodation and meals 40. Schedule A Transitional Provisions 43, Schedule B Transitional Provisions in respect of South Australia 48. Schedule C Transitional Provisions in respect of Western Australia 60. 2 MA000009,Hospitality Industry General Award 2010.
Schedule D Classification Definitions 61,Schedule E Supported Wage System 72. Schedule F National Training Wage 75, Appendix F1 Allocation of Traineeships to Wage Levels 82. Schedule G School based Apprenticeship 87,MA000009 3. Hospitality Industry General Award 2010,Part 1 Application and Operation. This award is the Hospitality Industry General Award 2010. 2 Commencement and transitional,Varied by PR992056.
2 1 This award commences on 1 January 2010, 2 2 The monetary obligations imposed on employers by this award may be absorbed into. overaward payments Nothing in this award requires an employer to maintain or. increase any overaward payment, 2 3 This award contains transitional arrangements which specify when particular parts of. the award come into effect Some of the transitional arrangements are in clauses in. the main part of the award There are also transitional arrangements in Schedule A. Schedule B and Schedule C The arrangements in Schedules A B and C deal with. minimum wages and piecework rates,casual or part time loadings. Saturday Sunday public holiday evening or other penalties. shift allowances penalties, 2 4 Neither the making of this award nor the operation of any transitional arrangements. is intended to result in a reduction in the take home pay of employees covered by the. award On application by or on behalf of an employee who suffers a reduction in. take home pay as a result of the making of this award or the operation of any. transitional arrangements Fair Work Australia may make any order it considers. appropriate to remedy the situation, 2 5 Fair Work Australia may review the transitional arrangements in this award and.
make a determination varying the award, 2 6 Fair Work Australia may review the transitional arrangements. a on its own initiative or, b on application by an employer employee organisation or outworker entity. covered by the modern award or, c on application by an organisation that is entitled to represent the industrial. interests of one or more employers or employees that are covered by the. modern award or,MA000009 4,Hospitality Industry General Award 2010. d in relation to outworker arrangements on application by an organisation that is. entitled to represent the industrial interests of one or more outworkers to whom. the arrangements relate,3 Definitions and interpretation.
Varied by PR991389 PR992056 PR994455 PR997772 PR505248. 3 1 In this award unless the contrary intention appears. Definition of Act substituted by PR994455 from 01Jan10. Act means the Fair Work Act 2009 Cth, Definition of agreement based transitional instrument inserted by PR994455 from 01Jan10. agreement based transitional instrument has the meaning in the Fair Work. Transitional Provisions and Consequential Amendments Act 2009 Cth. appropriate level of training means that an employee. a has completed an appropriate training program that meets the training and. assessment requirements of a qualification or one or more designated units of. competency from a Training Package and or, b has been assessed by a qualified skills assessor to have skills at least equivalent. to those attained in an appropriate training course and or. c as at 30 June 2010 has been doing the work of a particular classification for a. period of at least three months, Note 1 Any dispute concerning c above may be referred to Fair Work Australia. for determination Fair Work Australia may require an employee to demonstrate to. its satisfaction that the employee utilises skills and knowledge and that these are. relevant to the work the employee is doing, Note 2 The minimum classification level for an employee who has completed AQF. Certificate III qualifications relevant to the classification in which they are employed. and who utilises skills and knowledge derived from Certificate III competencies. relevant to the work undertaken is the Level 4 rate prescribed in clause 20 1 Any. dispute concerning an employee s entitlement to be paid at Level 4 may be referred. to Fair Work Australia for determination Fair Work Australia may require an. employee to demonstrate to its satisfaction that the employee utilises skills and. knowledge derived from Certificate III competencies and that these are relevant to. the work the employee is doing, Definition of award based transitional instrument inserted by PR994455 from 01Jan10.
award based transitional instrument has the meaning in the Fair Work. Transitional Provisions and Consequential Amendments Act 2009 Cth. casino means a gaming establishment holding a casino license under relevant State. or Territory legislation,MA000009 5,Hospitality Industry General Award 2010. catering by a restaurant business means the provision by a restaurant of catering. services for any social or business function where such services are incidental to the. major business of the restaurant, Definition of Commission deleted by PR994455 from 01Jan10. Definition of Division 2B State award inserted by PR505248 ppc 01Jan11. Division 2B State award has the meaning in Schedule 3A of the Fair Work. Transitional Provisions and Consequential Amendments Act 2009 Cth. Definition of Division 2B State employment agreement inserted by PR505248 ppc 01Jan11. Division 2B State employment agreement has the meaning in Schedule 3A of the. Fair Work Transitional Provisions and Consequential Amendments Act 2009 Cth. Definition of employee substituted by PR994455 PR997772 from 01Jan10. employee means national system employee within the meaning of the Act. Definition of employer substituted by PR994455 PR997772 from 01Jan10. employer means national system employer within the meaning of the Act. Definition of enterprise award deleted by PR994455 from 01Jan10. Definition of enterprise award based instrument inserted by PR994455 from 01Jan10. enterprise award based instrument has the meaning in the Fair Work. Transitional Provisions and Consequential Amendments Act 2009 Cth. liquor service employee means a person employed to sell or dispense liquor in bars. and or bottle departments or shops and includes a cellar employee. Definition of NAPSA deleted by PR994455 from 01Jan10. Definition of NES substituted by PR994455 from 01Jan10. NES means the National Employment Standards as contained in sections 59 to 131. of the Fair Work Act 2009 Cth, Definition of on hire inserted by PR994455 from 01Jan10. on hire means the on hire of an employee by their employer to a client where such. employee works under the general guidance and instruction of the client or a. representative of the client, relevant apprenticeship legislation means any awards and or regulations made by. any State Apprenticeship Authority, resort means an establishment providing hotel services accommodation food and.
beverages with access to recreation facilities for guests and includes an offshore. island resort, Definition of restaurant substituted by PR994455 from 01Jan10. restaurant means a restaurant reception centre night club licensed cafe and. licensed roadhouse and includes any tea room or cafe. 6 MA000009,Hospitality Industry General Award 2010. 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 for duty, spread of hours 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. standard weekly rate means the minimum weekly wage for a level 4 rate Cook. tradesperson grade 3 in clause 20 1 Standard hourly rate means the minimum. hourly wage for a level 4 classification Cook tradesperson grade 3 in clause 20 1. Definition of transitional minimum wage instrument inserted by PR994455 from 01Jan10. transitional minimum wage instrument has the meaning in the Fair Work. Transitional Provisions and Consequential Amendments Act 2009 Cth. 3 2 Where this award refers to a condition of employment provided for in the NES the. NES definition applies,4 Coverage,Varied by PR991389 PR992056 PR994455. 4 1 This industry award covers employers throughout Australia in the hospitality. industry and their employees in the classifications within Schedule D Classification. Definitions to the exclusion of any other modern award The award does not cover. employers in the following industries, a clubs registered or recognised under State or Territory legislation.
b boarding schools,c residential colleges,d hospitals. e orphanages, f any council county council municipal council shire shire council or local. government body as defined by the Local Government Act 1993 NSW the. Local Government Act 1989 Vic the Local Government Act 1993 Qld the. City of Brisbane Act 1924 Qld the Local Government Act 1995 WA the. Local Government Act 1999 SA the Local Government Act 1993 Tas and. the Local Government Act 2008 NT,g catering by a restaurant business. h theme parks,i in flight catering for airlines,4 1 j substituted by PR994455 from 01Jan10. j restaurants covered by the Fast Food Industry Award 2010 the Registered and. Licensed Clubs Award 2010 or the Restaurant Industry Award 2010. MA000009 7,Hospitality Industry General Award 2010.
k contract cleaning undertaken by companies not operating exclusively in the. hospitality industry, l catering services provided by aged care employers except where these services. are provided by a hospitality industry employer for or within an aged care. m contract security contract gardening or contract maintenance provided by an. external provider whose primary business falls outside the hospitality. operation and, n businesses primarily concerned with the sale of petroleum or mixed functions. involving the sale of petroleum, 4 5 renumbered as 4 2 and substituted by PR994455 from 01Jan10. 4 2 For the purpose of clause 4 1 hospitality industry includes hotels motor inns and. motels boarding establishments condominiums and establishments of a like nature. health or recreational farms private hotels guest houses serviced apartments. caravan parks ski lodges holiday flats or units ranches or farms hostels or any. other type of residential or tourist accommodation wine saloons wine bars or. taverns liquor booths resorts caterers restaurants operated in or in connection with. premises owned or operated by employers otherwise covered by this award casinos. and function areas and convention or like facilities operating in association with the. aforementioned,4 2 renumbered as 4 3 by PR994455 from 01Jan10. 4 3 The award does not cover an employee excluded from award coverage by the Act. 4 3 renumbered as 4 4 and substituted by PR994455 from 01Jan10. 4 4 The award does not cover employees who are covered by a modern enterprise award. or an enterprise instrument within the meaning of the Fair Work Transitional. Provisions and Consequential Amendments Act 2009 Cth or employers in. relation to those employees,4 4 and 4 6 deleted by PR994455 from 01Jan10.
New 4 5 4 6 4 7 and 4 8 inserted by PR994455 from 01Jan10. 4 5 The award does not cover employees who are covered by a State reference public. sector modern award or a State reference public sector transitional award within the. meaning of the Fair Work Transitional Provisions and Consequential Amendments. Act 2009 Cth or employers in relation to those employees. 4 6 This award covers any employer which supplies labour on an on hire basis in the. industry set out in clause 4 1 in respect of on hire employees in classifications. covered by this award and those on hire employees while engaged in the. performance of work for a business in that industry This subclause operates subject. to the exclusions from coverage in this award, 4 7 This award covers employers which provide group training services for apprentices. and or trainees engaged in the industry and or parts of industry set out at clause 4 1. and those apprentices and or trainees engaged by a group training service hosted by a. company to perform work at a location where the activities described herein are. 8 MA000009,Hospitality Industry General Award 2010. being performed This subclause operates subject to the exclusions from coverage in. this award, 4 8 Where an employer is covered by more than one award an employee of that. employer is covered by the award classification which is most appropriate to the. work performed by the employee and to the environment in which the employee. normally performs the work, NOTE Where there is no classification for a particular employee in this award it is. possible that the employer and that employee are covered by an award with. occupational coverage, 5 Access to the award and the National Employment Standards.
The employer must ensure that copies of this award and the NES are available to all. employees to whom they apply either on a noticeboard which is conveniently located at or. near the workplace or through electronic means whichever makes them more accessible. 6 The National Employment Standards and this award. The NES and this award combine to contain the minimum conditions of employment for. employees covered by this award,7 Award flexibility. Varied by PR994455, 7 1 Notwithstanding any other provision of this award an employer and an individual. employee may agree to vary the application of certain terms of this award to meet the. genuine individual needs of the employer and the individual employee The terms the. employer and the individual employee may agree to vary the application of are those. concerning,a arrangements for when work is performed. b overtime rates,c penalty rates,d allowances and,e leave loading. 7 2 The employer and the individual employee must have genuinely made the agreement. without coercion or duress, 7 3 The agreement between the employer and the individual employee must.
a be confined to a variation in the application of one or more of the terms listed. in clause 7 1 and,MA000009 9,Hospitality Industry General Award 2010. 7 3 b substituted by PR994455 from 01Jan10, b result in the employee being better off overall than the employee would have. been if no individual flexibility agreement had been agreed to. 7 4 substituted by PR994455 from 01Jan10, 7 4 The agreement between the employer and the individual employee must also. a be in writing name the parties to the agreement and be signed by the employer. and the individual employee and if the employee is under 18 years of age the. employee s parent or guardian, b state each term of this award that the employer and the individual employee. have agreed to vary, c detail how the application of each term has been varied by agreement between.
the employer and the individual employee, d detail how the agreement results in the individual employee being better off. overall in relation to the individual employee s terms and conditions of. employment and, e state the date the agreement commences to operate. 7 5 deleted by PR994455 from 01Jan10,7 6 renumbered as 7 5 by PR994455 from 01Jan10. 7 5 The employer must give the individual employee a copy of the agreement and keep. the agreement as a time and wages record,New 7 6 inserted by PR994455 from 01Jan10. 7 6 Except as provided in clause 7 4 a the agreement must not require the approval or. consent of a person other than the employer and the individual employee. 7 7 An employer seeking to enter into an agreement must provide a written proposal to. the employee Where the employee s understanding of written English is limited the. employer must take measures including translation into an appropriate language to. ensure that the employee understands the proposal,7 8 The agreement may be terminated.
a by the employer or the individual employee giving four weeks notice of. termination in writing to the other party and the agreement ceasing to operate. at the end of the notice period or, b at any time by written agreement between the employer and the individual. 7 9 The right to make an agreement pursuant to this clause is in addition to and is not. intended to otherwise affect any provision for an agreement between an employer. and an individual employee contained in any other term of this award. 10 MA000009,Hospitality Industry General Award 2010. Part 2 Consultation and Dispute Resolution,8 Consultation regarding major workplace change. 8 1 Employer to notify, a 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 must notify the employees. who may be affected by the proposed changes and their representatives if any. b 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 award makes provision for. alteration of any of these matters an alteration is deemed not to have significant. 8 2 Employer to discuss change, a The employer must discuss with the employees affected and their.
representatives if any the introduction of the changes referred to in clause 8 1. 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 must give. prompt consideration to matters raised by the employees and or their. representatives in relation to the changes, b The discussions must commence as early as practicable after a definite decision. has been made by the employer to make the changes referred to in clause 8 1. c For the purposes of such discussion the employer must provide in writing to. the employees concerned and their representatives if any 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 no employer is required to disclose. confidential information the disclosure of which would be contrary to the. employer s interests,9 Dispute resolution,Varied by PR994455. 9 1 In the event of a dispute in relation to a matter about this award or in relation to the. NES in the first instance the parties must attempt to resolve the matter at the. workplace by discussions between the employee or employees concerned and the. relevant supervisor If such discussions do not resolve the dispute the parties will. endeavour to resolve the dispute in a timely manner by discussions between the. employee or employees concerned and more senior levels of management as. appropriate,MA000009 11,Hospitality Industry General Award 2010. 9 2 varied by PR994455 from 01Jan10, 9 2 If a dispute in relation to a matter arising under this award or the NES is unable to be. resolved at the workplace and all appropriate steps under clause 9 1 have been taken. a party to the dispute may refer the dispute to Fair Work Australia. 9 3 varied by PR994455 from 01Jan10, 9 3 The parties may agree on the process to be utilised by Fair Work Australia including.
mediation conciliation and consent arbitration,9 4 varied by PR994455 from 01Jan10. 9 4 Where the matter in dispute remains unresolved Fair Work Australia may exercise. any method of dispute resolution permitted by the Act that it considers appropriate to. ensure the settlement of the dispute, 9 5 An employer or employee may appoint another person organisation or association to. accompany and or represent them for the purposes of this clause. 9 6 While the dispute resolution procedure is being conducted work must continue in. accordance with this award and the Act Subject to applicable occupational health. and safety legislation an employee must not unreasonably fail to comply with a. direction by the employer to perform work whether at the same or another. workplace that is safe and appropriate for the employee to perform. Part 3 Types of Employment and Termination of Employment. 10 Types of employment, 10 1 Employees under this award will be employed in one of the following categories. a full time,b part time or, 10 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 part time or. 11 Full time employment, A full time employee is an employee who is engaged to work an average of 38 ordinary hours.
12 Part time employment,Varied by PR992056, 12 1 An employer may employ part time employees in any classification in this award. 12 MA000009,Hospitality Industry General Award 2010. 12 2 A part time employee is an employee who,a works less than full time hours of 38 per week. 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, 12 3 At the time of engagement the employer and the 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, 12 4 Any agreed variation to the hours of work will be recorded in writing. 12 5 An employer is required to roster a part time employee for a minimum of three. consecutive hours on any shift, 12 6 An employee who does not meet the definition of a part time employee and who is. not a full time employee will be paid as a casual employee in accordance with. clause 13 Casual employment, 12 7 All time worked in excess of the hours as agreed under clause 12 3 or varied under. clause 12 4 will be overtime and paid for at the rates prescribed in clause 33. 12 8 A 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 in. clause 20 Minimum wages for the work performed,13 Casual employment. 13 1 A casual employee is an employee engaged as such and must be paid a casual. loading of 25 as provided for in this award The casual loading is paid as. compensation for annual leave personal carer s leave notice of termination. redundancy benefits and the other entitlements of full time or part time employment. 13 2 On each occasion a casual employee is required to attend work they are entitled to a. minimum payment for two hours work, 13 3 A casual employee must be paid at the termination of each engagement but may.
agree to be paid weekly or fortnightly, 13 4 Conversion to full time or part time employment. a This clause only applies to a regular casual employee. b 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 12 months,MA000009 13,Hospitality Industry General Award 2010. c A regular casual employee who has been engaged by a particular employer for. at least 12 months may elect subject to the provisions of this clause to have. their contract of employment converted to full time or part time employment. d An employee who has worked at the rate of an average of 38 or more hours a. week in the period of 12 months casual employment may elect to have their. employment converted to full time employment, e An employee who has worked at the rate of an average of less than 38 hours a. week in the period of 12 months casual employment may elect to have their. employment converted to part time employment, f Where a casual employee seeks to convert to full time or 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. any other relevant matter, g Where it is agreed that a casual employee will have their employment. converted to full time or part time employment as provided for in this clause. the employer and employee must discuss and agree upon. the form of employment to which the employee will convert that is. full time or part time employment and, if it is agreed that the employee will become a part time employee the. matters referred to in clause 12 Part time employment. h The date from which the conversion will take effect is the commencement of. the next pay cycle following such agreement being reached unless otherwise. i Once a casual employee has converted to full time or part time employment. the employee may only revert to casual employment with the written. agreement of the employer, j An employee must not be engaged and or re engaged which includes a refusal. to re engage to avoid any obligation under this award. k Nothing in this clause obliges a casual employee to convert to full time or. part time employment nor permits an employer to require a casual employee. to so convert,14 MA000009,Hospitality Industry General Award 2010.
l Nothing in this clause requires the employer to convert the employment of a. regular casual employee to full time or part time employment if the employee. has not worked for 12 months or more in a particular establishment or in a. particular classification stream, m Nothing in this clause requires an employer to increase the hours of a regular. casual employee seeking conversion to full time or part time employment. 14 Apprentices, 14 1 Apprentices will be engaged in accordance with relevant apprenticeship legislation. and be paid in accordance with clause 20 4, 14 2 An apprentice under the age of 18 years must not without their consent be required. to work overtime or shift work,15 Junior employees. 15 1 substituted by PR994907 ppc 10Mar10, 15 1 Junior employees will be paid in accordance with clause 20 5 Where the law.
permits junior employees may be employed as liquor service employees being. persons employed to sell or dispense liquor in bars and or bottle departments or. shops as well as cellar employees or other places where liquor is sold and must be. paid at the adult rate of pay in clause 20 1 for the classification for the work being. 15 2 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 must be borne by the. 15 3 No employee under the age of 18 years will be required to work more than 10 hours. in a shift,16 Termination of employment, 16 1 Notice of termination is provided for in the NES. 16 2 Notice of termination by an employee, The notice of termination required to be given by an employee is the same as that. required of an employer except that there is no requirement on the employee to give. additional notice based on the age of the employee concerned If an employee fails to. give the required notice the employer may withhold from any monies due to the. employee on termination under this award or the NES an amount not exceeding the. amount the employee would have been paid under this award in respect of the period. of notice required by this clause less any period of notice actually given by the.


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