Madeline Doe v AIS Group Pub Group Pty Ltd T/A Paddy Malones

The decision concerns a dispute between Ms Madeline Doe and her former employer, AIS Group Pub Group Pty Ltd T/A Paddy Malones, regarding her correct classification under the Hospitality Industry (General) Award 2020. Ms Doe was employed as a Duty Manager, but Paddy Malones classified her as a Food and Beverage Attendant Grade 3. Ms Doe contends that her proper classification under the Award was Food and Beverage Supervisor. The Fair Work Commission was asked to arbitrate the dispute, and both parties consented to the Commission’s jurisdiction.

The legal issues before the Court involved determining whether Ms Doe's role as Duty Manager warranted classification as a Food and Beverage Supervisor rather than a Food and Beverage Attendant Grade 3. This required an analysis of the specific duties Ms Doe performed and whether they matched the criteria for a Food and Beverage Supervisor. The Award outlines specific duties for each classification, and the Commission had to determine if Ms Doe’s duties aligned more closely with those of a Supervisor or an Attendant Grade 3.

In evaluating the evidence, the Court considered Ms Doe’s testimony about her responsibilities, which included overseeing bar staff, coordinating staff duties, and managing the bar area. Ms Doe provided a detailed account of her duties and explained how they exceeded the typical responsibilities of an Attendant Grade 3. Mr Stewart Alexander, representing Paddy Malones, acknowledged many of Ms Doe’s duties but argued that her responsibilities were not as extensive as she claimed. After reviewing the evidence and submissions from both sides, the Court found that Ms Doe’s duties as Duty Manager indeed reflected those of a Food and Beverage Supervisor. The Court concluded that Ms Doe’s role required a higher level of responsibility and oversight, aligning more closely with the Supervisor classification.

The Fair Work Commission ordered that Ms Madeline Doe’s correct classification under the Hospitality Industry (General) Award 2020 was Food and Beverage Supervisor. The Commission also noted the importance of accurate classification to ensure fair remuneration and adherence to industrial awards.