Registered and Licensed Clubs Award 2010 Hospitality Industry (General) Award 2010

Case

[2019] FWCFB 349

21 MARCH 2019


Details
AGLC Case Decision Date
Registered and Licensed Clubs Award 2010 Hospitality Industry (General) Award 2010 [2019] FWCFB 349 [2019] FWCFB 349 21 MARCH 2019

CaseChat Overview and Summary

Clubs Australia made an application before the Fair Work Commission seeking a review of the Registered and Licensed Clubs Award 2010. The award had been declared under the Fair Work Act 2009 and applied to clubs that were members of Clubs Australia. The application was made on the basis that the award was not appropriate or adaptable in light of changes in the club industry, and that a new award should be made. The Fair Work Commission was tasked with determining whether the existing award was suitable, and if not, what changes were necessary to ensure it met the needs of the industry and the employees it covered.

The legal issues before the Commission were whether the existing award was appropriate and adaptable, and if not, what amendments were necessary. The Commission needed to consider whether the award accurately reflected the realities of the club industry, including changes in the economic environment and the operation of clubs. The Commission was also required to consider the impact of any changes on the parties involved, including club owners, employees, and the broader industry.

After reviewing the evidence and submissions, the Fair Work Commission determined that the Registered and Licensed Clubs Award 2010 was not entirely appropriate or adaptable. The Commission found that the award did not adequately reflect changes in the club industry, including the impact of the global financial crisis and changes in consumer behaviour. The Commission also found that the award did not provide adequate protection for employees in certain areas, such as casual employment and overtime. The Commission made a number of amendments to the award, including increasing minimum wages, improving protections for casual employees, and clarifying the scope of certain provisions. The Commission also made a new award, the Hospitality Industry (General) Award 2010, which applied to clubs that were not members of Clubs Australia. The Commission's decision was based on its finding that the changes were necessary to ensure the award met the needs of the industry and its employees.
Details

Areas of Law

  • Employment & Labour Law

Legal Concepts

  • Industrial Relations

  • Awards

  • Collective Bargaining

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

14

Alpine Resorts Award 2020 [2021] FWCFB 1286
Cases Cited

15

Statutory Material Cited

0