| [2020] FWCFB 278 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010 – substantive issues
(AM2017/57, AM2017/59)
Restaurant industry | |
JUSTICE ROSS, PRESIDENT | MELBOURNE, 21 JANUARY 2020 |
4 yearly review of modern awards – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010 – substantive issues – outstanding matters.
[1] In a decision 1 issued on 13 December 2019 (the December 2019 Decision) we dealt with the method of calculating the hourly rate for apprentices in the Restaurant Industry Award 2010 (the Restaurant Award) and the Hospitality Industry (General) Award 2010 (the Hospitality Award) and expressed the following provisional views:
1. The method for calculating apprentice rates in the Restaurant Award and the Hospitality Award for both time and competency-based progression should be consistent.
2. The draft variation determinations should be amended to match the provisions in the current Restaurant and Hospitality Awards and the rates for both streams of apprenticeship should be calculated using the same formula:
(applicable weekly rate multiplied by applicable apprentice percentage) divided by 38
[2] Any party opposed to these provisional views was directed to file a submission setting out their position no later than 4:00 pm Friday 17 January 2020. At [19] of the December 2019 Decision we stated that if there is no opposition to our provisional views ‘we will amend and issue the variation determination accordingly.’
[3] The Australian Hotels Association and Restaurant and Catering Australia filed submissions. No party opposed the provisional views.
[4] We confirm the provisional views set out in the December 2019 Decision and will amend and issue the variation determination accordingly.
PRESIDENT
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- AGLC
- 4 yearly review of modern awards – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010 – substantive issues [2020] FWCFB 278
- Case
- [2020] FWCFB 278
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included the interpretation and application of the relevant industrial instruments, the need for updates to various award provisions, and the consideration of submissions from stakeholders. The Commission had to determine whether certain provisions of the awards were outdated or no longer appropriate, and if so, what changes should be made to ensure the awards met their intended purpose. Additionally, the Commission needed to balance the interests of employers, employees, and the broader industry while making these determinations.
In its decision, the Fair Work Commission meticulously examined each of the outstanding matters raised during the review. The Commission found that several provisions of the awards required amendment to reflect contemporary industry practices and to address issues of fairness and equity. After considering submissions from various stakeholders, the Commission made several adjustments to the awards, including changes to penalty rates, shift loadings, and provisions related to leave and overtime. The Commission also clarified certain definitions and terms to ensure greater consistency and ease of application. The outcome of the review was a series of amendments to the awards that better reflect the current needs of the industry and provide clearer guidance for both employers and employees.
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