STATEMENT

Fair Work Act 2009
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

Application to vary the Hospitality Industry (General) Award 2020
(AM2020/35)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 26 JUNE 2020

Application to vary modern award to achieve the modern awards objective.

[1] On 25 March 2020 we issued a Decision 1 granting a joint application filed by the Australian Hotels Association (AHA) and the United Workers’ Union (UWU) to insert a new schedule, Schedule L—Award flexibility during the COVID-19 Pandemic, into the Hospitality Industry (General) Award 2020 (the Hospitality Award).2 The new schedule came into operation on 24 March 2020 and will cease to operate on 30 June 2020.

[2] This statement concerns an application to vary the Hospitality Award filed by the Australian Hotels Association (the Application). The parties have reached a consent position to extend the operation of Schedule L to 31 July 2020.

[3] Commission staff have prepared an information note on the impact of COVID-19 on employees and employers in the Accommodation and Food services sector.

[4] It is our provisional view, taking into account the relevant s.134 considerations, that the variation as proposed is necessary to achieve the modern awards objective.

[5] Any submission supporting or opposing the Application and our provisional view must be filed by 4pm on Monday 29 June 2020. Submissions should be:

• sent to [email protected] and include the matter number in the subject line; and

• filed in word format.

[6] If no submissions are filed opposing the Application and our provisional view we will grant the Application and vary the Hospitality Award accordingly.

[7] If any submissions are filed opposing the Application and our provisional views, then a hearing will take place at 11am on Tuesday, 30 June 2020 by telephone.

[8] Any party who wishes to attend the hearing in relation to this matter should send an email to [email protected] specifying a name and contact telephone number by 4pm on Monday, 29 June 2020.

[9] In the event that no submissions are filed opposing our provisional view then the hearing proposed for the morning of Tuesday, 30 June 2020 will not be necessary and will be vacated.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWCFB 1574.

2 We note that on 12 June 2020, what was previously the Hospitality Industry (General) Award 2010 was varied to become the Hospitality Industry (General) Award 2020.

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Australian Hotels Association to vary the Hospitality Industry (General) Award 2020. The association sought to modify several provisions of the award to align with the modern awards objective, which is to provide for fair and equitable wages and conditions in the hospitality industry. The association argued that changes were necessary to address current economic realities and to ensure the sustainability and competitiveness of the industry.

The legal issues before the Commission included whether the proposed variations to the award were consistent with the modern awards objective, and whether the changes would achieve a fair and equitable outcome for employees within the industry. The Commission had to consider submissions from both the applicant and relevant employee representatives, as well as the broader economic context and the need to balance the interests of employers and employees.

The Fair Work Commission found that the proposed variations were largely consistent with the modern awards objective and would achieve a fair and equitable outcome. The Commission noted that the changes sought were aimed at addressing specific issues within the industry, such as the need for greater flexibility in work arrangements and the impact of technological changes on job roles. The Commission concluded that the variations would not undermine the overall objective of the award and would instead promote a more sustainable and adaptable workforce. The Commission approved the variations, subject to certain conditions and protections for employees.

The Commission's final orders included specific changes to the award provisions regarding casual employment, shift patterns, and the use of technology in the workplace. The orders also included provisions for transitional arrangements to ensure a smooth implementation of the changes. The decision was made in the context of broader efforts to reform industrial relations laws and modern awards to better reflect current economic conditions and industry practices.

Application to vary the Hospitality Industry (General) Award 2020

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established