Application to vary the Restaurant Industry Award 2010

The parties involved in this case are the Restaurant and Catering Industrial Association (the Applicant) and the Fair Work Commission (the Commission). The Applicant sought to vary the Restaurant Industry Award 2010 to better align with the modern awards objective. This application was supported by the United Workers’ Union, the Australian Council of Trade Unions, and the Minister for Industrial Relations. No submissions opposing the application were received by the Commission.

The legal issues before the Commission were whether the proposed changes to the award would better achieve the modern awards objective and if there was sufficient support for the changes from relevant stakeholders. The modern awards objective, as set out in section 224 of the Fair Work Act 2009, is to provide for fair and efficient workplace relations and to promote high-quality jobs, sustainable businesses, and economic prosperity. The Commission was required to consider whether the proposed changes would achieve these objectives and if the application had sufficient support from relevant parties.

The Commission found that the proposed changes would better achieve the modern awards objective and promote high-quality jobs, sustainable businesses, and economic prosperity. The Commission noted that the application was supported by the United Workers’ Union, the Australian Council of Trade Unions, and the Minister for Industrial Relations. Additionally, no submissions opposing the application were received. Based on this, the Commission determined that the application met the threshold for approval and made a variation determination in favour of the Applicant.

As a result of the Commission's decision, the Restaurant Industry Award 2010 was varied in accordance with the terms of the application. The final orders of the Commission approved the application and implemented the changes to the award as proposed by the Applicant.