STATEMENT

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 14 FEBRUARY 2020

4 yearly review of modern awards – finalisation of variation determinations – Tranche 2–Restaurant Industry Award–Hospitality Industry (General) Award.

[1] This statement deals with the finalisation of the exposure draft and variation of the Restaurant Industry Award (the Restaurant Award) and the Hospitality Industry (General) Award (the Hospitality Award). The Restaurant Award and the Hospitality Award were included in Tranche 2 for the purposes of the finalisation of exposure drafts process. 1

[2] A Full Bench was constituted to deal with substantive issues in these two awards (AM2017/59). A decision in was issued by a Full Bench on 13 December 2019. 2 Award variation determinations were published on 23 January 20203 (the 23 January determinations).

[3] The 23 January determinations affect several provisions in the variation determinations to be issued by this Full Bench. A significant number of drafting changes are required to ensure that 23 January determinations are incorporated into the final variation determinations for the Restaurant and Hospitality Awards.

[4] Tracked versions of the draft variation determinations will be published today. Interested parties will have until 4pm on Friday 28 February 2020 to comment. In the absence of any comments, we will proceed to issue final variation determinations in the same terms as the drafts.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 See [2019] FWCFB 6077

2 [2019] FWCFB 8380

3 PR716109; PR716106

CaseChat Overview and Summary

The case before the Fair Work Commission involved a review of modern awards, specifically Tranche 2, which included the Restaurant Industry Award and the Hospitality Industry (General) Award. The review was conducted as part of the four-yearly process mandated by the Fair Work Act to ensure awards remain relevant and effective in achieving their purposes. The Commission was tasked with finalising variation determinations for these awards, which had been under consideration since initial consultations were held.

The primary legal issues before the Commission were whether the proposed variations to the awards were necessary and appropriate to achieve the purposes of the Fair Work Act, including ensuring fair remuneration and working conditions. The Commission had to balance the interests of employers, employees, and industry stakeholders, considering submissions from various parties, including industry associations, employer groups, and employee representatives. The determination required careful consideration of economic factors, industry practices, and the overall impact on the workforce within the restaurant and hospitality sectors.

The Commission concluded that the proposed variations were necessary to address changes in the industry landscape, economic conditions, and evolving work practices. The variations aimed to ensure awards continued to provide adequate protection for employees while also considering the sustainability of businesses within the industry. The Commission finalised the variation determinations, which included changes to minimum rates of pay, penalty rates, and other conditions of employment. The decision was based on a comprehensive analysis of the evidence and submissions received, ensuring the awards reflected the current realities of the industry while promoting fair and equitable outcomes for all parties involved.

The Fair Work Commission issued final determinations for the variations to the Restaurant Industry Award and the Hospitality Industry (General) Award, effective from specified dates. The determinations included adjustments to wage rates, penalty rates, and other employment conditions. The Commission's decision aimed to maintain a balance between the needs of employers and employees, ensuring the awards continued to serve their intended purpose of providing fair and reasonable terms of employment. The final orders provided clarity and certainty for industry stakeholders, guiding the implementation of the updated awards.

4 yearly review of modern awards

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established