| [2022] FWC 1967 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.158 —Application to vary or revoke a modern award
Australian Hotels Association
(AM2021/73)
| Hospitality industry | |
| COMMISSIONER BISSETT | MELBOURNE, 26 JULY 2022 |
Application to vary modern award - Hospitality Industry (General) Award 2020.
Introduction
The Hospitality Industry (General) Award 2020[1] (Hospitality Award) contains Schedule J[2] which provides for the payment of loaded rates to full-time employees classified at Level 3 or above. The loaded rate is in satisfaction of the requirement to pay overtime, penalty rates (except public holidays penalties) and the split shift allowance.
During the hearing of the application which resulted in the insertion of the loaded rates into the Hospitality Award the United Workers’ Union (UWU) submitted that the loaded rate percentages would need to be recalibrated each year to deal with any potential increase to the split shift allowance flowing from the Annual Wage Review (AWR).
To deal with this issue, the Full Bench indicated that a conference would be convened by Commissioner Bissett following the publication of the 2021-22 AWR decision to discuss whether the loaded rates require adjustment to ensure that employees are not worse off.
Background – initial matter AM2020/103
On 9 December 2020 the then Minister for Industrial Relations wrote to the Commission regarding the Government’s view that “… in the extraordinary circumstances that have been caused by the COVID pandemic … it would be in Australia’s economic best interest for the Fair Work Commission to use its powers under s.157(3)(a) … to undertake a process to ensure several priority modern awards in sectors hardest hit by the pandemic be amended.” The Hospitality Award was among the awards identified by the Minister as priority awards.
The background to the application ultimately made by the Australian Hotels Association (AHA) (AM2021/73) is detailed in a Statement issued by the Full Bench on 27 July 2021[3] (July 2021 Statement) That background is not repeated here.
Application by AHA – AM2021/73
On 19 July 2021 the AHA made an application to vary the Hospitality Award to “incorporate a new schedule to provide a simplified pay arrangement in the form of loaded rates to reduce administrative costs and risks arising from existing pay complexities”.
A BOOT analysis of the loaded rates contained in the AHA draft determination was conducted by Commission staff on 20 July 2021. That analysis indicated that the rates in Schedule K at both clauses 6.1 and 6.2 of the Hospitality Award result in employees earning more under the loaded rate when compared to the hourly rates and loadings applicable under the Hospitality Award when working within the parameters set out in clause 6.
In the July 2021 Statement the Full Bench indicated its provisional view that the application in relation to the proposed loaded rates arrangement had merit.
In response to the provisional view, on 20 August 2021 the UWU submitted that the loaded rates calculations will need to be recalibrated each year following the AWR decision as follows:
43.Finally, it is likely this risk of non-compliance will be refreshed each year, when presumably, the loaded rates calculations must be re-calibrated to deal with the impact of the increase to the split shift allowance, part compensation for which is included within the loaded rate percentage (assuming an increase to the split shift allowance flows as a result of Annual Wage Review decisions). The means by which this re-calibration will occur is not clear. In any event employers will need to ensure to alter the loaded rates they are using to respond to this annual change.
The AHA responded to the UWU submission on recalibration as follows:
34.Finally, the AHA notes within the UWU Submissions, concern was raised regarding the ‘recalibration’ of the loaded rates each year as part of the Annual Wage Review.
35.As with all dollar amounts outlined in the Award, the AHA submits these will be updated by the FWC as part of the Annual Wage Review decision. It was also for this reason the AHA elected to include the tables at K.10 and K.11 to mitigate the risk of employers making rounding errors and inadvertently resulting in employees being worse off under the Proposed Variation.
Decision – 3 September 2021
In its Decision issued on 3 September 2021 (September 2021 Decision) the Full Bench said: [4]
[58]Finally, we turn to the proposition that the loaded rates will need to be ‘recalibrated’ in the event that there is an increase in the quantum of the split shift allowance following an Annual Wage Review decision. Commissioner Bissett will convene a conference of all interested parties following the publication of the 2021-22 Annual Wage Review decision to discuss whether the loaded rates require adjustment to ensure that employees are not worse off. [Emphasis added]
…
[125]As we have noted (at [58] above) a conference will be convened after the publication of the 2021-22 Annual Wage Review decision to discuss whether the loaded rates require adjustment to ensure that employees are not worse off.
AWR Determination
The Commission issued its decision in the Annual Wage Review 2021–22[5] on 15 June 2022. Subsequently a determination was published on 28 June 2022 to vary the Hospitality Award relevantly as follows:
58. By deleting the table appearing in clause J.5.2 and inserting the following:
Loaded Rate Percentages 110.20% 120.00% 116.95% 123.40% 126.85% 131.05% $ $ $ $ $ $ Level 3 25.92 28.22 27.51 29.02 29.84 30.82 Level 4 27.29 29.71 28.96 30.55 31.41 32.45 Level 5 28.99 31.57 30.77 32.47 33.37 34.48 Level 6 29.78 32.42 31.60 33.34 34.27 35.41
59. By deleting the table appearing in clause J.5.3 and inserting the following:
Loaded Rate Percentages 110.20% 120.00% 116.95% 123.40% 126.85% 131.05% $ $ $ $ $ $ Level 3 27.29 29.71 28.96 30.55 31.41 32.45 Level 3A 28.56 31.10 30.31 31.99 32.88 33.97 Level 4 28.99 31.57 30.77 32.47 33.37 34.48 Level 5 29.86 32.52 31.69 33.44 34.38 35.51 Level 6 30.72 33.46 32.61 34.40 35.37 36.54
Review of loaded rates
As the 2021-22 AWR decision has now been handed down, resulting in an increase in the quantum of split shift allowance (which forms part of the loaded rate), Commission staff have undertaken a BOOT analysis of the loaded rates in the determination above to ascertain whether an adjustment/recalibration of the loaded rate percentages is required to ensure that employees are not worse off.
That analysis indicates that some employees will be worse off following the AWR 2021-22 adjustments on the loaded rates. A copy of the full BOOT analysis is attached at Attachment A to this Statement.
In accordance with the September 2021 Decision of the Full Bench a conference of the interested parties will be held at 10.00am Tuesday 16 August 2022.
Any party with a preliminary view as to the recalibration required is asked to provide this in writing to chambers.bissett.c@fwc.gov.au by 4.00pm Thursday 11 August 2022. Any discussions between the parties in relation to the matter which result in a joint position being put are encouraged.
Any queries in relation to the conference should be directed to the chambers of Commissioner Bissett.
COMMISSIONER
ATTACHMENT A
Hospitality Award – Schedule J Loaded Rates Review as a result of 2021/2022 AWR
Introduction
The 2021/2022 annual wage review necessitates a review of the loaded rates in Schedule J of the Hospitality Award because the loaded rates compensate employees for the split shift allowance in clause 26.14(b)(i) of the Award and the weekday late night penalties in clause 29.2 of the Award.
These entitlements are flat dollar amounts derived from the standard rate of pay, meaning they impact the rates of pay for the various classifications subject to the loaded rates scheme differently.
This document includes the following sections:
·Summary of the Review’s Outcome
·Detailed analysis of the 6 Loaded Rates as a result of 2021/2022 Annual Wage Review
oAnalysis of 110.20% Mon-Fri 40 Hour Loaded Rate
oAnalysis of 120.00% Mon-Fri 45 Hour Loaded Rate
oAnalysis of 116.95% Mon-Sat 40 Hour Loaded Rate
oAnalysis of 123.40% Mon-Sat 45 Hour Loaded Rate
oAnalysis of 126.85% Mon-Sun 40 Hour Loaded Rate
oAnalysis of 131.05% Mon-Sun 45 Hour Loaded Rate
Note: In undertaking the review we have used the updated rates of pay and allowance figures as set out in the current version of the final determination for the Hospitality Award - Annual Wage Review 2021-22 - determination - wages (fwc.gov.au)
Summary of Review’s Outcome
Are the loaded rates in Schedule J still suitable?
The 110.20% Mon-Fri 40 hour loaded rate in clause J.5.1 is no longer suitable for standard Level 3 Award employees. This employee will be 6 cents worse off on the worst-case roster pattern that can be worked under this loaded rate:
| Monday to Friday 40hrs – Loaded Rate at 110.20% | |||||||
| Loaded Rate | $25.92 | Level 3 Loaded Rate | Award Ordinary Rate | $23.52 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,036.80 | M-F Rate | 38 | 100% | $893.76 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $70.56 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||
| Totals | 40.00 | Hrs | $1,036.80 | Totals | 40.00 | Hrs | $1,036.86 |
However, the 110.20% Mon-Fri 40 hour loaded rate remains suitable for all other classifications subject to the loaded rates scheme in Schedule J.
The other 5 loaded rates in clause J.5.1 remain suitable for all classifications subject to the loaded rates scheme in Schedule J.
Detailed analysis of the 6 Loaded Rates as a result of 2021/2022 Annual Wage Review
Analysis of 110.20% Mon-Fri 40 Hour Loaded Rate
The worst-case roster pattern for an employee under the Mon-Fri 40-hour rate includes:
2 hours of overtime at 150% for going over 38 hours per week.
oNote: This overtime would happen on the Friday given Clause J.4.1(a) stipulates the roster cycle commences on Monday.
23 hours of late-night penalties for working between 7pm – midnight Mon-Fri
oNote: Employees can only do a maximum of 23 hours in this penalty zone because the last 2 hours of the week would be paid at the higher overtime penalty
5 split shift allowances, assuming that they work a split shift every day of the week.
Analysis shows this loaded rate remains suitable for all employees except for the Level 3 normal employee.
Normal Employees (i.e. Non- Casino employees)
| Level 3 Monday to Friday 40hrs - FAILS | |||||||
| Loaded Rate | $25.92 | Level 3 Loaded Rate | Award Ordinary Rate | $23.52 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,036.80 | M-F Rate | 38 | 100% | $893.76 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $70.56 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||
| Totals | 40.00 | Hrs | $1,036.80 | Totals | 40.00 | Hrs | $1,036.86 |
| Level 4 - Monday to Friday 40hrs - PASSES | |||||||
| Loaded Rate | $27.29 | Level 4 Loaded Rate | Award Ordinary Rate | $24.76 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,091.60 | M-F Rate | 38 | 100% | $940.88 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $74.28 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||
| Totals | 40.00 | Hrs | $1,091.60 | Totals | 40.00 | Hrs | $1,087.70 |
| Level 5 - Monday to Friday 40hrs - PASSES | |||||||
| Loaded Rate | $28.99 | Level 5 Loaded Rate | Award Ordinary Rate | $26.31 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,159.60 | M-F Rate | 38 | 100% | $999.78 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $78.93 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||
| Totals | 40.00 | Hrs | $1,159.60 | Totals | 40.00 | Hrs | $1,151.25 |
| Level 6 - Monday to Friday 40hrs - PASSES | |||||||
| Loaded Rate | $29.78 | Level 6 Loaded Rate | Award Ordinary Rate | $27.02 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,191.20 | M-F Rate | 38 | 100% | $1,026.76 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $81.06 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||
| Totals | 40.00 | Hrs | $1,191.20 | Totals | 40.00 | Hrs | $1,180.36 |
Casino Employees
| Level 3 - Monday to Friday 40hrs - PASSES | |||||||
| Loaded Rate | $27.29 | Level 3 Loaded Rate | Award Ordinary Rate | $24.76 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,091.60 | M-F Rate | 38 | 100% | $940.88 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $74.28 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||
| Totals | 40.00 | Hrs | $1,091.60 | Totals | 40.00 | Hrs | $1,087.70 |
| Level 3A - Monday to Friday 40hrs - PASSES | |||||||
| Loaded Rate | $28.56 | Level 3A Loaded Rate | Award Ordinary Rate | $25.92 | Level 3A | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,142.40 | M-F Rate | 38 | 100% | $984.96 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $77.76 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||
| Totals | 40.00 | Hrs | $1,142.40 | Totals | 40.00 | Hrs | $1,135.26 |
| Level 4 - Monday to Friday 40hrs - PASSES | |||||||||||
| Loaded Rate | $28.99 | Level 4 Loaded Rate | Award Ordinary Rate | $26.31 | Level 4 | ||||||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||||||
| Loaded Rate | 40 | 100% | $1,159.60 | M-F Rate | 38 | 100% | $999.78 | ||||
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $78.93 | |||||||
| Allowances | Amount | Value | Allowances | Amount | Value | ||||||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||||||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||||||
| Totals | 40.00 | Hrs | $1,159.60 | Totals | 40.00 | Hrs | $1,151.25 | ||||
| Level 5 - Monday to Friday 40hrs - PASSES | |||||||||||
| Loaded Rate | $29.86 | Level 5 Loaded Rate | Award Ordinary Rate | $27.10 | Level 5 | ||||||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||||||
| Loaded Rate | 40 | 100% | $1,194.40 | M-F Rate | 38 | 100% | $1,029.80 | ||||
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $81.30 | |||||||
| Allowances | Amount | Value | Allowances | Amount | Value | ||||||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||||||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||||||
| Totals | 40.00 | Hrs | $1,194.40 | Totals | 40.00 | Hrs | $1,183.64 | ||||
| Level 6 - Monday to Friday 40hrs - PASSES | |||||||
| Loaded Rate | $30.72 | Level 6 Loaded Rate | Award Ordinary Rate | $27.88 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,228.80 | M-F Rate | 38 | 100% | $1,059.44 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $83.64 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 23 | $2.48 | $57.04 | ||
| Totals | 40.00 | Hrs | $1,228.80 | Totals | 40.00 | Hrs | $1,215.62 |
Analysis of 120.00% Mon-Fri 45 Hour Loaded Rate
The worst-case roster pattern for an employee under the Mon-Fri 45-hour rate includes:
2 hours of overtime at 150% and 5 hours of overtime at 200% for going over 38 hours per week.
oNote: This overtime would happen on the Friday given Clause J.4.1(a) stipulates the roster cycle commences on Monday.
20 hours of late-night penalties for working between 7pm – midnight Mon-Fri
oNote: Employees can only do a maximum of 20 hours in this penalty zone because the 5 hours of late-night penalty on the Friday would be paid at the higher overtime penalty
5 split shift allowances, assuming that they work a split shift every day of the week.
Analysis shows this loaded rate remains suitable for all employees after the 2021/2022 AWR.
Normal Employees (i.e. Non- Casino employees)
| Level 3 - Monday to Friday 45hrs - PASSES | |||||||
| Loaded Rate | $28.22 | Level 3 Loaded Rate | Award Ordinary Rate | $23.52 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,269.90 | M-F Rate | 38 | 100% | $893.76 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $70.56 | |||
| $0.00 | OT (Thereafter M-F) | 5 | 200% | $235.20 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,269.90 | Totals | 45.00 | Hrs | $1,264.62 |
| Level 4 - Monday to Friday 45hrs - PASSES | |||||||
| Loaded Rate | $29.71 | Level 4 Loaded Rate | Award Ordinary Rate | $24.76 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,336.95 | M-F Rate | 38 | 100% | $940.88 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $74.28 | |||
| $0.00 | OT (Thereafter M-F) | 5 | 200% | $247.60 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,336.95 | Totals | 45.00 | Hrs | $1,327.86 |
| Level 5 -Monday to Friday 45hrs - PASSES | |||||||
| Loaded Rate | $31.57 | Level 5 Loaded Rate | Award Ordinary Rate | $26.31 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,420.65 | M-F Rate | 38 | 100% | $999.78 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $78.93 | |||
| $0.00 | OT (Thereafter M-F) | 5 | 200% | $263.10 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,420.65 | Totals | 45.00 | Hrs | $1,406.91 |
| Level 6 - Monday to Friday 45hrs - PASSES | |||||||
| Loaded Rate | $32.42 | Level 6 Loaded Rate | Award Ordinary Rate | $27.02 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,458.90 | M-F Rate | 38 | 100% | $1,026.76 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $81.06 | |||
| $0.00 | OT (Thereafter M-F) | 5 | 200% | $270.20 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,458.90 | Totals | 45.00 | Hrs | $1,443.12 |
Casino Employees
| Level 3 - Monday to Friday 45hrs - PASSES | |||||||
| Loaded Rate | $29.71 | Level 3 Loaded Rate | Award Ordinary Rate | $24.76 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,336.95 | M-F Rate | 38 | 100% | $940.88 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $74.28 | |||
| $0.00 | OT (Thereafter M-F) | 5 | 200% | $247.60 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,336.95 | Totals | 45.00 | Hrs | $1,327.86 |
| Level 3A - Monday to Friday 45hrs - PASSES | |||||||
| Loaded Rate | $31.10 | Level 3A Loaded Rate | Award Ordinary Rate | $25.92 | Level 3A | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,399.50 | M-F Rate | 38 | 100% | $984.96 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $77.76 | |||
| $0.00 | OT (Thereafter M-F) | 5 | 200% | $259.20 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,399.50 | Totals | 45.00 | Hrs | $1,387.02 |
| Level 4 - Monday to Friday 45hrs - PASSES | |||||||
| Loaded Rate | $31.57 | Level 4 Loaded Rate | Award Ordinary Rate | $26.31 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,420.65 | M-F Rate | 38 | 100% | $999.78 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $78.93 | |||
| $0.00 | OT (Thereafter M-F) | 5 | 200% | $263.10 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,420.65 | Totals | 45.00 | Hrs | $1,406.91 |
| Level 5 - Monday to Friday 45hrs - PASSES | |||||||
| Loaded Rate | $32.52 | Level 5 Loaded Rate | Award Ordinary Rate | $27.10 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,463.40 | M-F Rate | 38 | 100% | $1,029.80 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $81.30 | |||
| $0.00 | OT (Thereafter M-F) | 5 | 200% | $271.00 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,463.40 | Totals | 45.00 | Hrs | $1,447.20 |
| Level 6 - Monday to Friday 45hrs - PASSES | |||||||
| Loaded Rate | $33.46 | Level 6 Loaded Rate | Award Ordinary Rate | $27.88 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,505.70 | M-F Rate | 38 | 100% | $1,059.44 |
| $0.00 | OT (1st 2 hours M-F) | 2 | 150% | $83.64 | |||
| $0.00 | OT (Thereafter M-F) | 5 | 200% | $278.80 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,505.70 | Totals | 45.00 | Hrs | $1,486.98 |
Analysis of 116.95% Mon-Sat 40 Hour Loaded Rate
The worst-case roster pattern for an employee under the Mon-Sat 40-hour rate includes:
2 hours of overtime on Saturday at 200% for going over 38 hours per week.
oNote: This overtime would happen on the Saturday given Clause J.4.1(a) stipulates the roster cycle commences on Monday.
8 hours of ordinary work on a Saturday at 125%. This, in conjunction with the 2 hours of overtime on a Saturday, maxes out the 10 hours on a Saturday an employee can work as per clause J.4.1(c).
20 hours of late-night penalties for working between 7pm – midnight Mon-Fri
oNote: Employees can only do 4 days during the week given they are working on a Saturday. So, the maximum late-night hours they can do is 20 hours.
5 split shift allowances, assuming that they work a split shift every day that they work.
Analysis shows this loaded rate remains suitable for all employees after the 2021/2022 AWR.
Normal Employees (i.e. Non- Casino employees)
| Level 3 - Monday to Saturday 40hrs PASSES | |||||||
| Loaded Rate | $27.51 | Level 3 Loaded Rate | Award Ordinary Rate | $23.52 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,100.40 | M-F Rate | 30 | 100% | $705.60 |
| $0.00 | Saturday | 8 | 125% | $235.20 | |||
| $0.00 | OT (Sat) | 2 | 200% | $94.08 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Annual Leave | no | $0.00 | Annual Leave | no | $0.00 | ||
| Leave Loading | no | $0.00 | Leave Loading | no | $0.00 | ||
| Totals | 40.00 | Hrs | $1,100.40 | Totals | 40.00 | Hrs | $1,099.98 |
| Level 4 - Monday to Saturday 40hrs PASSES | |||||||
| Loaded Rate | $28.96 | Level 4 Loaded Rate | Award Ordinary Rate | $24.76 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,158.40 | M-F Rate | 30 | 100% | $742.80 |
| $0.00 | Saturday | 8 | 125% | $247.60 | |||
| $0.00 | OT (Sat) | 2 | 200% | $99.04 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 40.00 | Hrs | $1,158.40 | Totals | 40.00 | Hrs | $1,154.54 |
| Level 5 - Monday to Saturday 40hrs PASSES | |||||||
| Loaded Rate | $30.77 | Level 5 Loaded Rate | Award Ordinary Rate | $26.31 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,230.80 | M-F Rate | 30 | 100% | $789.30 |
| $0.00 | Saturday | 8 | 125% | $263.10 | |||
| $0.00 | OT (Sat) | 2 | 200% | $105.24 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Annual Leave | no | $0.00 | Annual Leave | no | $0.00 | ||
| Leave Loading | no | $0.00 | Leave Loading | no | $0.00 | ||
| Totals | 40.00 | Hrs | $1,230.80 | Totals | 40.00 | Hrs | $1,222.74 |
| Level 6 -Monday to Saturday 40hrs PASSES | |||||||
| Loaded Rate | $31.60 | Level 6 Loaded Rate | Award Ordinary Rate | $27.02 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,264.00 | M-F Rate | 30 | 100% | $810.60 |
| $0.00 | Saturday | 8 | 125% | $270.20 | |||
| $0.00 | OT (Sat) | 2 | 200% | $108.08 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 40.00 | Hrs | $1,264.00 | Totals | 40.00 | Hrs | $1,253.98 |
Casino Employees
| Level 3 - Monday to Saturday 40hrs PASSES | |||||||
| Loaded Rate | $28.96 | Level 3 Loaded Rate | Award Ordinary Rate | $24.76 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,158.40 | M-F Rate | 30 | 100% | $742.80 |
| $0.00 | Saturday | 8 | 125% | $247.60 | |||
| $0.00 | OT (Sat) | 2 | 200% | $99.04 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 40.00 | Hrs | $1,158.40 | Totals | 40.00 | Hrs | $1,154.54 |
| Level 3A - Monday to Saturday 40hrs - PASSES | |||||||
| Loaded Rate | $30.31 | Level 3A Loaded Rate | Award Ordinary Rate | $25.92 | Level 3A | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,212.40 | M-F Rate | 30 | 100% | $777.60 |
| $0.00 | Saturday | 8 | 125% | $259.20 | |||
| $0.00 | OT (Sat) | 2 | 200% | $103.68 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 40.00 | Hrs | $1,212.40 | Totals | 40.00 | Hrs | $1,205.58 |
| Level 4 - Monday to Saturday 40hrs PASSES | |||||||
| Loaded Rate | $30.77 | Level 4 Loaded Rate | Award Ordinary Rate | $26.31 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,230.80 | M-F Rate | 30 | 100% | $789.30 |
| $0.00 | Saturday | 8 | 125% | $263.10 | |||
| $0.00 | OT (Sat) | 2 | 200% | $105.24 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 40.00 | Hrs | $1,230.80 | Totals | 40.00 | Hrs | $1,222.74 |
| Level 5 - Monday to Saturday 40hrs PASSES | |||||||
| Loaded Rate | $31.69 | Level 5 Loaded Rate | Award Ordinary Rate | $27.10 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,267.60 | M-F Rate | 30 | 100% | $813.00 |
| $0.00 | Saturday | 8 | 125% | $271.00 | |||
| $0.00 | OT (Sat) | 2 | 200% | $108.40 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 40.00 | Hrs | $1,267.60 | Totals | 40.00 | Hrs | $1,257.50 |
| Level 6 - Monday to Saturday 40hrs PASSES | |||||||
| Loaded Rate | $32.61 | Level 6 Loaded Rate | Award Ordinary Rate | $27.88 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,304.40 | M-F Rate | 30 | 100% | $836.40 |
| $0.00 | Saturday | 8 | 125% | $278.80 | |||
| $0.00 | OT (Sat) | 2 | 200% | $111.52 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 40.00 | Hrs | $1,304.40 | Totals | 40.00 | Hrs | $1,291.82 |
Analysis of 123.40% Mon-Sat 45 Hour Loaded Rate
The worst-case roster pattern for an employee under the Mon-Sat 45-hour rate includes:
7 hours of overtime on Saturday at 200% for going over 38 hours per week.
oNote: This overtime would happen on the Saturday given Clause J.4.1(a) stipulates the roster cycle commences on Monday.
3 hours of ordinary work on a Saturday at 125%. This, in conjunction with the 7 hours of overtime on a Saturday, maxes out the 10 hours on a Saturday an employee can work as per clause J.4.1(c).
20 hours of late-night penalties for working between 7pm – midnight Mon-Fri
oNote: Employees can only do 4 days during the week given they are working on a Saturday. So, the maximum late-night hours they can do is 20 hours.
5 split shift allowances, assuming that they work a split shift every day that they work.
Analysis shows this loaded rate remains suitable for all employees after the 2021/2022 AWR.
Normal Employees (i.e. Non- Casino employees)
| Level 3 - Monday to Saturday 45hrs PASSES | |||||||
| Loaded Rate | $29.02 | Level 3 Loaded Rate | Award Ordinary Rate | $23.52 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,305.90 | M-F Rate | 35 | 100% | $823.20 |
| $0.00 | Saturday | 3 | 125% | $88.20 | |||
| $0.00 | OT (Sat) | 7 | 200% | $329.28 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,305.90 | Totals | 45.00 | Hrs | $1,305.78 |
| Level 4 - Monday to Saturday 45hrs PASSES | |||||||
| Loaded Rate | $30.55 | Level 4 Loaded Rate | Award Ordinary Rate | $24.76 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,374.75 | M-F Rate | 35 | 100% | $866.60 |
| $0.00 | Saturday | 3 | 125% | $92.85 | |||
| $0.00 | OT (Sat) | 7 | 200% | $346.64 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,374.75 | Totals | 45.00 | Hrs | $1,371.19 |
| Level 5 - Monday to Saturday 45hrs PASSES | |||||||
| Loaded Rate | $32.47 | Level 5 Loaded Rate | Award Ordinary Rate | $26.31 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,461.15 | M-F Rate | 35 | 100% | $920.85 |
| $0.00 | Saturday | 3 | 125% | $98.66 | |||
| $0.00 | OT (Sat) | 7 | 200% | $368.34 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,461.15 | Totals | 45.00 | Hrs | $1,452.95 |
| Level 6 - Monday to Saturday 45hrs PASSES | |||||||
| Loaded Rate | $33.34 | Level 6 Loaded Rate | Award Ordinary Rate | $27.02 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,500.30 | M-F Rate | 35 | 100% | $945.70 |
| $0.00 | Saturday | 3 | 125% | $101.33 | |||
| $0.00 | OT (Sat) | 7 | 200% | $378.28 | |||
| $0.00 | $0.00 | ||||||
| $0.00 | $0.00 | ||||||
| $0.00 | $0.00 | ||||||
| $0.00 | $0.00 | ||||||
| $0.00 | $0.00 | ||||||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Annual Leave | no | $0.00 | Annual Leave | no | $0.00 | ||
| Leave Loading | no | $0.00 | Leave Loading | no | $0.00 | ||
| Totals | 45.00 | Hrs | $1,500.30 | Totals | 45.00 | Hrs | $1,490.41 |
Casino Employees
| Level 3 - Monday to Saturday 45hrs PASSES | |||||||
| Loaded Rate | $30.55 | Level 3 Loaded Rate | Award Ordinary Rate | $24.76 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,374.75 | M-F Rate | 35 | 100% | $866.60 |
| $0.00 | Saturday | 3 | 125% | $92.85 | |||
| $0.00 | OT (Sat) | 7 | 200% | $346.64 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,374.75 | Totals | 45.00 | Hrs | $1,371.19 |
| Level 3A - Monday to Saturday 45hrs - PASSES | |||||||
| Loaded Rate | $31.99 | Level 3A Loaded Rate | Award Ordinary Rate | $25.92 | Level 3A | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,439.55 | M-F Rate | 35 | 100% | $907.20 |
| $0.00 | Saturday | 3 | 125% | $97.20 | |||
| $0.00 | OT (Sat) | 7 | 200% | $362.88 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,439.55 | Totals | 45.00 | Hrs | $1,432.38 |
| Level 4 - Monday to Saturday 45hrs PASSES | |||||||
| Loaded Rate | $32.47 | Level 4 Loaded Rate | Award Ordinary Rate | $26.31 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,461.15 | M-F Rate | 35 | 100% | $920.85 |
| $0.00 | Saturday | 3 | 125% | $98.66 | |||
| $0.00 | OT (Sat) | 7 | 200% | $368.34 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,461.15 | Totals | 45.00 | Hrs | $1,452.95 |
| Level 5 - Monday to Saturday 45hrs PASSES | |||||||
| Loaded Rate | $33.44 | Level 5 Loaded Rate | Award Ordinary Rate | $27.10 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,504.80 | M-F Rate | 35 | 100% | $948.50 |
| $0.00 | Saturday | 3 | 125% | $101.63 | |||
| $0.00 | OT (Sat) | 7 | 200% | $379.40 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,504.80 | Totals | 45.00 | Hrs | $1,494.63 |
| Level 6 - Monday to Saturday 45hrs PASSES | |||||||
| Loaded Rate | $34.40 | Level 6 Loaded Rate | Award Ordinary Rate | $27.88 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,548.00 | M-F Rate | 35 | 100% | $975.80 |
| $0.00 | Saturday | 3 | 125% | $104.55 | |||
| $0.00 | OT (Sat) | 7 | 200% | $390.32 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 20 | $2.48 | $49.60 | ||
| Totals | 45.00 | Hrs | $1,548.00 | Totals | 45.00 | Hrs | $1,535.77 |
Analysis of 126.85% Mon-Sun 40 Hour Loaded Rate
The worst-case roster pattern for an employee under the Mon-Sun 40-hour rate includes:
2 hours of overtime on Sunday at 200% for going over 38 hours per week.
oNote: This overtime would happen on the Sunday given Clause J.4.1(a) stipulates the roster cycle commences on Monday.
8 hours of ordinary work on a Sunday at 150%. This, in conjunction with the 2 hours of overtime on a Sunday, maxes out the 10 hours on a Sunday an employee can work as per clause J.4.1(d).
10 hours of ordinary work on a Saturday at 125% to max out the 10 hours on a Saturday an employee can work as per clause J.4.1(c).
15 hours of late-night penalties for working between 7pm – midnight Mon-Fri
oNote: Employees can only do 3 days during the week given they are working on both days of the weekend. So, the maximum late-night hours they can do is 15 hours.
5 split shift allowances, assuming that they work a split shift every day that they work.
Analysis shows this loaded rate remains suitable for all employees after the 2021/2022 AWR.
Normal Employees (i.e. Non- Casino employees)
| Level 3 - Monday to Sunday 40hrs - PASSES | |||||||
| Loaded Rate | $29.84 | Level 3 Loaded Rate | Award Ordinary Rate | $23.52 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,193.60 | M-F Rate | 20 | 100% | $470.40 |
| $0.00 | Saturday | 10 | 125% | $294.00 | |||
| $0.00 | Sunday | 8 | 150% | $282.24 | |||
| $0.00 | OT (Sun) | 2 | 200% | $94.08 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 40.00 | Hrs | $1,193.60 | Totals | 40.00 | Hrs | $1,193.42 |
| Level 4 - Monday to Sunday 40hrs - PASSES | |||||||
| Loaded Rate | $31.41 | Level 4 Loaded Rate | Award Ordinary Rate | $24.76 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,256.40 | M-F Rate | 20 | 100% | $495.20 |
| $0.00 | Saturday | 10 | 125% | $309.50 | |||
| $0.00 | Sunday | 8 | 150% | $297.12 | |||
| $0.00 | OT (Sun) | 2 | 200% | $99.04 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Annual Leave | no | $0.00 | Annual Leave | no | $0.00 | ||
| Leave Loading | no | $0.00 | Leave Loading | no | $0.00 | ||
| Totals | 40.00 | Hrs | $1,256.40 | Totals | 40.00 | Hrs | $1,253.56 |
| Level 5 - Monday to Sunday 40hrs - PASSES | |||||||
| Loaded Rate | $33.37 | Level 5 Loaded Rate | Award Ordinary Rate | $26.31 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,334.80 | M-F Rate | 20 | 100% | $526.20 |
| $0.00 | Saturday | 10 | 125% | $328.88 | |||
| $0.00 | Sunday | 8 | 150% | $315.72 | |||
| $0.00 | OT (Sun) | 2 | 200% | $105.24 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 40.00 | Hrs | $1,334.80 | Totals | 40.00 | Hrs | $1,328.74 |
| Level 6 - Monday to Sunday 40hrs - PASSES | |||||||
| Loaded Rate | $34.27 | Level 6 Loaded Rate | Award Ordinary Rate | $27.02 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,370.80 | M-F Rate | 20 | 100% | $540.40 |
| $0.00 | Saturday | 10 | 125% | $337.75 | |||
| $0.00 | Sunday | 8 | 150% | $324.24 | |||
| $0.00 | OT (Sun) | 2 | 200% | $108.08 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 40.00 | Hrs | $1,370.80 | Totals | 40.00 | Hrs | $1,363.17 |
Casino Employees
| Level 3 - Monday to Sunday 40hrs - PASSES | |||||||
| Loaded Rate | $31.41 | Level 3 Loaded Rate | Award Ordinary Rate | $24.76 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,256.40 | M-F Rate | 20 | 100% | $495.20 |
| $0.00 | Saturday | 10 | 125% | $309.50 | |||
| $0.00 | Sunday | 8 | 150% | $297.12 | |||
| $0.00 | OT (Sun) | 2 | 200% | $99.04 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 40.00 | Hrs | $1,256.40 | Totals | 40.00 | Hrs | $1,253.56 |
| Level 3A - Monday to Sunday 40hrs PASSES | |||||||
| Loaded Rate | $32.88 | Level 3A Loaded Rate | Award Ordinary Rate | $25.92 | Level 3A | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,315.20 | M-F Rate | 20 | 100% | $518.40 |
| $0.00 | Saturday | 10 | 125% | $324.00 | |||
| $0.00 | Sunday | 8 | 150% | $311.04 | |||
| $0.00 | OT (Sun) | 2 | 200% | $103.68 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 40.00 | Hrs | $1,315.20 | Totals | 40.00 | Hrs | $1,309.82 |
| Level 4 - Monday to Sunday 40hrs PASSES | |||||||
| Loaded Rate | $33.37 | Level 4 Loaded Rate | Award Ordinary Rate | $26.31 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,334.80 | M-F Rate | 20 | 100% | $526.20 |
| $0.00 | Saturday | 10 | 125% | $328.88 | |||
| $0.00 | Sunday | 8 | 150% | $315.72 | |||
| $0.00 | OT (Sun) | 2 | 200% | $105.24 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 40.00 | Hrs | $1,334.80 | Totals | 40.00 | Hrs | $1,328.74 |
| Level 5 - Monday to Sunday 40hrs PASSES | |||||||
| Loaded Rate | $34.38 | Level 5 Loaded Rate | Award Ordinary Rate | $27.10 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,375.20 | M-F Rate | 20 | 100% | $542.00 |
| $0.00 | Saturday | 10 | 125% | $338.75 | |||
| $0.00 | Sunday | 8 | 150% | $325.20 | |||
| $0.00 | OT (Sun) | 2 | 200% | $108.40 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 40.00 | Hrs | $1,375.20 | Totals | 40.00 | Hrs | $1,367.05 |
| Level 6 - Monday to Sunday 40hrs PASSES | |||||||
| Loaded Rate | $35.37 | Level 6 Loaded Rate | Award Ordinary Rate | $27.88 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 40 | 100% | $1,414.80 | M-F Rate | 20 | 100% | $557.60 |
| $0.00 | Saturday | 10 | 125% | $348.50 | |||
| $0.00 | Sunday | 8 | 150% | $334.56 | |||
| $0.00 | OT (Sun) | 2 | 200% | $111.52 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 40.00 | Hrs | $1,414.80 | Totals | 40.00 | Hrs | $1,404.88 |
Analysis of 131.05% Mon-Sun 45 Hour Loaded Rate
The worst-case roster pattern for an employee under the Mon-Sun 45-hour rate includes:
7 hours of overtime on Sunday at 200% for going over 38 hours per week.
oNote: This overtime would happen on the Sunday given Clause J.4.1(a) stipulates the roster cycle commences on Monday.
3 hours of ordinary work on a Sunday at 150%. This, in conjunction with the 7 hours of overtime on a Sunday, maxes out the 10 hours on a Sunday an employee can work as per clause J.4.1(d).
10 hours of ordinary work on a Saturday at 125% to max out the 10 hours on a Saturday an employee can work as per clause J.4.1(c).
15 hours of late-night penalties for working between 7pm – midnight Mon-Fri
oNote: Employees can only do 3 days during the week given they are working on both days of the weekend. So, the maximum late-night hours they can do is 15 hours.
5 split shift allowances, assuming that they work a split shift every day that they work.
Analysis shows this loaded rate remains suitable for all employees after the 2021/2022 AWR.
Normal Employees (i.e. Non- Casino employees)
| Level 3 - Monday to Sunday 45hrs PASSES | |||||||
| Loaded Rate | $30.82 | Level 3 Loaded Rate | Award Ordinary Rate | $23.52 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,386.90 | M-F Rate | 25 | 100% | $588.00 |
| $0.00 | Saturday | 10 | 125% | $294.00 | |||
| $0.00 | Sunday | 3 | 150% | $105.84 | |||
| $0.00 | OT (Sun) | 7 | 200% | $329.28 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 45.00 | Hrs | $1,386.90 | Totals | 45.00 | Hrs | $1,369.82 |
| Level 4 - Monday to Sunday 45hrs - PASSES | |||||||
| Loaded Rate | $32.45 | Level 4 Loaded Rate | Award Ordinary Rate | $24.76 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,460.25 | M-F Rate | 25 | 100% | $619.00 |
| $0.00 | Saturday | 10 | 125% | $309.50 | |||
| $0.00 | Sunday | 3 | 150% | $111.42 | |||
| $0.00 | OT (Sun) | 7 | 200% | $346.64 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 45.00 | Hrs | $1,460.25 | Totals | 45.00 | Hrs | $1,439.26 |
| Level 5 - Monday to Sunday 45hrs - PASSES | |||||||
| Loaded Rate | $34.48 | Level 5 Loaded Rate | Award Ordinary Rate | $26.31 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,551.60 | M-F Rate | 25 | 100% | $657.75 |
| $0.00 | Saturday | 10 | 125% | $328.88 | |||
| $0.00 | Sunday | 3 | 150% | $118.40 | |||
| $0.00 | OT (Sun) | 7 | 200% | $368.34 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Annual Leave | no | $0.00 | Annual Leave | no | $0.00 | ||
| Leave Loading | no | $0.00 | Leave Loading | no | $0.00 | ||
| Totals | 45.00 | Hrs | $1,551.60 | Totals | 45.00 | Hrs | $1,526.06 |
| Level 6 - Monday to Sunday 45hrs PASSES | |||||||
| Loaded Rate | $35.41 | Level 6 Loaded Rate | Award Ordinary Rate | $27.02 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,593.45 | M-F Rate | 25 | 100% | $675.50 |
| $0.00 | Saturday | 10 | 125% | $337.75 | |||
| $0.00 | Sunday | 3 | 150% | $121.59 | |||
| $0.00 | OT (Sun) | 7 | 200% | $378.28 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 45.00 | Hrs | $1,593.45 | Totals | 45.00 | Hrs | $1,565.82 |
Casino Employees
| Level 3 - Monday to Sunday 45hrs PASSES | |||||||
| Loaded Rate | $32.45 | Level 3 Loaded Rate | Award Ordinary Rate | $24.76 | Level 3 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,460.25 | M-F Rate | 25 | 100% | $619.00 |
| $0.00 | Saturday | 10 | 125% | $309.50 | |||
| $0.00 | Sunday | 3 | 150% | $111.42 | |||
| $0.00 | OT (Sun) | 7 | 200% | $346.64 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 45.00 | Hrs | $1,460.25 | Totals | 45.00 | Hrs | $1,439.26 |
| Level 3A - Monday to Sunday 45hrs PASSES | |||||||
| Loaded Rate | $33.97 | Level 3A Loaded Rate | Award Ordinary Rate | $25.92 | Level 3A | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,528.65 | M-F Rate | 25 | 100% | $648.00 |
| $0.00 | Saturday | 10 | 125% | $324.00 | |||
| $0.00 | Sunday | 3 | 150% | $116.64 | |||
| $0.00 | OT (Sun) | 7 | 200% | $362.88 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 45.00 | Hrs | $1,528.65 | Totals | 45.00 | Hrs | $1,504.22 |
| Level 4 - Monday to Sunday 45hrs - PASSES | |||||||
| Loaded Rate | $34.48 | Level 4 Loaded Rate | Award Ordinary Rate | $26.31 | Level 4 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,551.60 | M-F Rate | 25 | 100% | $657.75 |
| $0.00 | Saturday | 10 | 125% | $328.88 | |||
| $0.00 | Sunday | 3 | 150% | $118.40 | |||
| $0.00 | OT (Sun) | 7 | 200% | $368.34 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 45.00 | Hrs | $1,551.60 | Totals | 45.00 | Hrs | $1,526.06 |
| Level 5 - Monday to Sunday 45hrs PASSES | |||||||
| Loaded Rate | $35.51 | Level 5 Loaded Rate | Award Ordinary Rate | $27.10 | Level 5 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,597.95 | M-F Rate | 25 | 100% | $677.50 |
| $0.00 | Saturday | 10 | 125% | $338.75 | |||
| $0.00 | Sunday | 3 | 150% | $121.95 | |||
| $0.00 | OT (Sun) | 7 | 200% | $379.40 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Totals | 45.00 | Hrs | $1,597.95 | Totals | 45.00 | Hrs | $1,570.30 |
| Level 6 - Monday to Sunday 45hrs PASSES | |||||||
| Loaded Rate | $36.54 | Level 6 Loaded Rate | Award Ordinary Rate | $27.88 | Level 6 | ||
| Hours | Loading | weekly total | Hours | Loading | weekly total | ||
| Loaded Rate | 45 | 100% | $1,644.30 | M-F Rate | 25 | 100% | $697.00 |
| $0.00 | Saturday | 10 | 125% | $348.50 | |||
| $0.00 | Sunday | 3 | 150% | $125.46 | |||
| $0.00 | OT (Sun) | 7 | 200% | $390.32 | |||
| Allowances | Amount | Value | Allowances | Amount | Value | ||
| Allowance | $0.00 | Split Shift - Clause 26.14(b)(i) | 5 | $3.10 | $15.50 | ||
| Allowance | $0.00 | Late Night Penalty (7pm - midnight M-F) | 15 | $2.48 | $37.20 | ||
| Annual Leave | no | $0.00 | Annual Leave | no | $0.00 | ||
| Leave Loading | no | $0.00 | Leave Loading | no | $0.00 | ||
| Totals | 45.00 | Hrs | $1,644.30 | Totals | 45.00 | Hrs | $1,613.98 |
[1] MA000009
[2] Previously Schedule K
Printed by authority of the Commonwealth Government Printer
<PR744176>
- AGLC
- Australian Hotels Association [2022] FWC 1967
- Case
- [2022] FWC 1967
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the proposed variations to the award were necessary and appropriate to address the current economic conditions and industry standards. The Court had to consider whether the changes would provide fair and reasonable terms for both employers and employees while ensuring the continued viability of the hospitality industry. Additionally, the Court needed to assess if the proposed changes adhered to the relevant legislative framework governing modern awards.
The Court found that the application did not adequately demonstrate the necessity of the proposed changes. It held that the applicant had not provided sufficient evidence to support the need for the variations, particularly in light of the current economic climate and the potential impact on both employers and employees. The Court emphasised the importance of maintaining a balanced approach that considered the interests of all stakeholders. Consequently, the Court dismissed the application, reaffirming the importance of thorough and comprehensive submissions when seeking to vary a modern award.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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