HOTEL EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FULL BENCH
Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996 and other
matters.
(Nos. IRC 663, 3747 and 3750 of 1999 and 5063 and
5338 of 2001)
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Before The Honourable Justice Wright, President
The Honourable Justice Walton, Vice-President
Mr Deputy President
Sams
Commissioner O'Neill
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20 August and 11
December 2001
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Mr Deputy President
Sams
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30 August 2001
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REVIEWED AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Hours of Work
2A. Implementation
of 38 Hour Week
3. Time Off
4. Rosters
4A. Rosters -
Apprentices
5. Rates of Pay
6. Arbitrated Safety
Net Adjustment
6A. Rates of Pay -
Apprentices
7. Casual Work
8. Board and Lodging
9. Juniors
10. Apprentices
11. Travelling
Facilities
12. Higher or Lower
Grade Work
13. Time and Wages
Sheet
14. Payment of Wages
15. Public Holidays
16. Annual Leave
17. Long Service
Leave
18. Sick Leave
18A. State
Personal/Carer's Leave
19. Bereavement
Leave
20. Overtime and
Penalty Rates
21. Termination of
Service
22. Union Officials
22A. Shop Facilities
- Apprentices
22B. Disputes -
Apprentices
23. First-aid Outfit
24. Posting of Award
25. Special Clothing
26. Uniform, Tools
and Gear
27. Dressing Rooms,
Showers, &c.
28. Breakages
29. General
Conditions
29A. Disputes and
Industrial Grievance Procedure
30. Meal Money
31. Anti-Discrimination
32. Redundancy
33. Basis of Award
and Leave Reserved
34. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
1. Definitions
(a) "Bar
Attendant" shall mean any person usually employed for more than two hours
in any one or night in supplying or dispensing or mixing of liquor in any
portion of the licensed premises including sale of liquor from the bottle
department.
(b) "Cellarperson"
shall mean in a hotel any person, employed in charge of, or responsible for the
contents of a cellar or liquor store.
(c) "Assistant
Cellarperson" shall mean in an hotel any employee who is substantially
engaged as an assistant to the cellarperson.
(d) "Spread
of hours" means the period of time elapsing from the time an employee
commences duty to the time the employee ceases duty within any period of
twenty-four hours.
(e) "Union"
for the purpose of this award shall mean the Australian Liquor, Hospitality and
Miscellaneous Workers Union, New South Wales Branch.
(f) "Double
time" shall mean double the ordinary hourly rate prescribed for a weekly
employee.
(g) "Cleaner"
shall mean an employee who does general cleaning in bars or public areas.
(h) "Snack
Bar Attendant" means an employee serving and/or receiving money from the
public for such snacks or meals in or adjacent to a bar in a hotel.
(i) "First
Cook" shall be a Qualified Cook (as defined by this clause), who is the
Senior Cook permanently employed in charge of a kitchen where other cooks are
employed at the same time.
(j) "Qualified
Cook" shall mean a cook who has successfully completed and can produce
appropriate documentary evidence to their employer to the effect that they have
successfully completed an apprenticeship in cooking at an approved or
recognised school or college or who has passed an appropriate trade test in
cooking at a recognised school or college acceptable to the employer.
(k) "Breakfast
Cook" shall mean a cook (other than a First Cook, Qualified Cook or Cook
employed Alone) who is responsible for the preparing of breakfasts.
(l) "Other
Cook" shall mean a Cook who under direction, assists in cooking and
preparing meals served in a hotel.
(m) "Cook
Employed Alone" means a Cook employed in a kitchen where no other Cook is
employed.
2. Hours of Work
(a) Subject to
clause 2A, Implementation of 38 Hour Week the hours of all employees engaged on
weekly hiring in the front-of-the-house shall be an average of 38 hours per
week eight per day or shift to be worked within a spread of nine-and-a-half
(9.5) hours or six hours per day within a spread of seven-and-a-half (7.5)
hours per day from starting time inclusive of meal breaks. Each employee shall
be entitled to two (2) full days off each week.
(b) Subject to
clause 2A, Implementation of 38 Hour Week the hours of all employees engaged on
weekly hiring in the back-of-the-house shall be an average of 38 hours per
week, to be worked eight hours per day or shift exclusive of meal intervals
within a spread of twelve (12) hours from commencing time other than in the
metropolitan licensing area of Sydney where the spread of ordinary hours worked
shall be within eleven (11), provided that the spread of hours shall be
thirteen (13) where it has been agreed between the Union and the Employer
Associations that special circumstances warrant consideration in relation to
remote and/ or resort areas.
Notwithstanding the provisions of this subclause a
six-hour day may be worked within a spread of ten (10) hours from commencing
time inclusive of meal intervals other than in the metropolitan licensing area
of Sydney where the spread of hours shall be nine (9) inclusive of meal
intervals.
Each employee shall be entitled to two full days off
each week.
(c) Each employee
shall be granted a meal interval of not less than 30 minutes to be commenced
after completing one hour thirty minutes and not later than five hours of duty.
Provided that where it is not possible to grant the
meal interval on any day, the said meal interval shall be treated as time
worked and paid at the rate for the day plus half time additional at the
ordinary weekly rate until released for a meal.
Provided further that where an employee is required to
exceed five hours' work after the first meal interval, he shall be granted a
further meal interval of twenty minutes to be treated as time worked.
(d) Notwithstanding
the provision of subclause (c) of this clause where an employee is rostered to
work six hours in any one day under the provisions of clause 2A, Implementation
of 38 Hour Week then such employee shall be granted a meal interval of at least
30 minutes to be commenced after completing one and a half hours and not later
than 5 hours of duty.
Provided that where it is not possible to grant the
meal interval on one day the said meal interval shall be treated as time worked
and paid at the rate for the day plus half time additional at the ordinary
weekly rate until released for a meal.
(e) The ordinary
hours of work for all apprentices shall not exceed eight per day and shall be
worked within a spread of eleven hours per day from starting time: Provided that apprentices under 17 years of
age shall work their ordinary hours within a spread of not more than ten hours
and shall not be required to work after 8 p.m.
2A. Implementation of
38 Hour Week
(a) Ordinary hours
of work shall be an average of thirty-eight (38) per week as provided in clause
2, Hours of Work.
(b) The method of
implementation of the 38-hour week may be any one of the following:
(i) By rostering
employees off on one day each 4 week cycle where practicable to be continuous
with normal rostered day or days off.
(ii) By employees
working 4 days of eight hours and one day of six hours per week.
(iii) Employees who
continue to work a 40-hour week will accumulate an extra day after each 4 week
cycle up to a maximum of 5 days and these may be taken by employees at a time
mutually acceptable to employer and employees.
(c) For the
implementation of the 38-hour week by one of the methods set out in subclause
(b) of this clause the following procedures shall apply:
(i) At each
establishment employers and collective assembly of all weekly employees to
consult. The Union and the relevant
employer organisation or other representative of the employer may join in such
consultation.
(ii) Should the
consultations between the employer and the collective weekly employees (whether
the Union and the relevant employer organisation is involved or not) fail to
reach agreement the matter may be referred to the Hotel Employees (State)
Industrial Committee.
(iii) Should the
consultation where the Union has been involved result in agreement being
reached then the agreed arrangement will operate from 1 April 1985.
(iv) In
circumstances where the Union has not been involved in the consultation between
employers and collective weekly employees and where agreement has been achieved
the agreed arrangement will be implemented unless the Union takes the
opportunity to have consultations with the employer and the relevant employer
organisation. This consultation if
undertaken by the Union will lead to either implementation of the agreed arrangement
from 1 April 1985, or the matter will be referred to the Hotel Employees (State) Industrial Committee.
(v) In
circumstances where consultation between the employer and the existing
employees at each establishment has not taken place by 1 April 1985 a 19 day
month as provided by paragraph (b)(i) of this clause will apply.
(d) Special
Provisions for 19-day month:
(i) Employees may
be rostered off one day in each 4-week cycle.
In each case days off shall be by rostering, where practicable, so this
rostered day off in each 4-week cycle is continuous with normal rostered day or
days off.
(ii) Where such
rostered day off falls on a public holiday the following day may be taken where
practicable in lieu thereof.
(iii) Employees
shall be entitled to a week’s wages in accordance with clause 5, Rates of Pay,
of this award for each week of the cycle.
(iv) The
entitlement to a rostered day off on full pay is subject to the following:
(1) each day of
paid leave taken (not including annual leave and long service leave) and any
public holiday occurring during any cycle of 4 weeks shall be regarded as a day
worked for accrual purposes.
(2) an employee
who has not worked a complete 4 week cycle in order to accrue a rostered day
off shall be paid a pro-rata amount for credits accrued for each day worked in
such cycle payable for the rostered day off (i.e. an amount of 24 minutes for
each 8 hour day worked or 2 hours for each 40 hours worked). For the purposes
of this subparagraph "worked" includes paid leave referred to in
subparagraph (1).
(v) Sickness on a
rostered day off which has resulted from the 19 day month work cycle-- where an
employee is sick or injured on his rostered day off he shall not be entitled to
sick pay nor shall his sick pay entitlement be reduced as a result of his
sickness or injury on that day.
(vi) Payment of
Wages--In the event that an employee by virtue of the arrangement of his
ordinary working hours is rostered off duty on a day which coincides with pay
day such employee shall be paid no later than the working day immediately
following such pay day.
(vii) Notwithstanding
the provisions of this clause, an employer may, subject to agreement with the
Union, pay wages fortnightly according to the actual hours worked in that
fortnightly pay period.
(e) First Three
Months:
(i) From 1 January
1985 to 31 March 1985 or such earlier date that may be agreed at each
establishment employees shall continue to work forty (40) hours per week and
will accrue an entitlement of one days leave for each 4 week period worked.
(ii) During this
period the method of implementing the 38-hour week to be settled for all
establishments.
(iii) In respect of
establishments where consideration by the Hotel Employees (State) Industrial
Committee is pending the banking of one day per each 4 week period will
continue.
(f) Procedures
to Apply From 1 April 1985:
(i) The pattern of
hours applying at each establishment to remain unaltered except by agreement
between the employer, the relevant employer organisation and the Union. This procedure will operate for a period of
12 months and then it will be subject to review.
(ii) More than one
pattern of hours to apply at establishments where it is agreed.
(iii) The pattern
of hours to operate at new establishments will be settled in accordance with
agreed procedures.
(iv) Disputes
arising over these or other issues to be settled in accordance with the
directions of the Hotel Employees (State) Industrial Committee.
3. Time Off
Employees shall be allowed two full days off duty each
week. Two weeks' notice of a rostered
day or days or shall be given provided that the rostered day or days off may be
changed by mutual consent, at any time.
4. Rosters
(a) Employees
shall be given a regular starting time and ceasing time for each day. Such times shall not be changed except upon
two weeks' notice; provided that when such change is rendered necessary by the
absence of other employees twenty-four hours' notice of such change shall be
sufficient notice. For the purpose of this
subclause "absence" shall not include the dismissal of other
employees.
(b) Every employer
shall exhibit and shall keep exhibited in a place accessible to the employees,
a legible notice, which shall bear the date when it is affixed, showing the
starting time, ceasing time, meal breaks, any other breaks of each employee for
each day of the week the rostered days off duty each week and shall show
thereon any change in the commencing time and ceasing time of any employee and
the date on which the change was effected.
(c) Where an
employee is required to work during the period that they were rostered for time
off, in accordance with the foregoing, the employee shall be paid at double
time rates for such work whether or not the weekly hours exceed forty.
(d) The roster of
hours shall be produced for inspection by the secretary or other authorised
officer of the union upon a request by the secretary or other authorised
officer to inspect such roster.
4A. Rosters -
Apprentices
(a) Where an
apprentice's rostered day or days off coincide with a holiday prescribed in
this award, the holiday shall not be a holiday for such apprentice and the
holiday shall be substituted in one of the methods following:
(i) One day with
pay added to the annual leave;
(ii) payment of one
day's pay shall be made to the employee on the next succeeding pay day;
(iii) such holiday
may be allowed off with pay to the employee within twenty-eight days after such
holiday falls;
(iv) one of the
above methods must be mutually agreed upon by the apprentice and the employer;
failing such agreement the provision prescribed in paragraph (i) herein shall
apply.
5. Rates of Pay
(a) Any employee
engaged on weekly hire who is required to work their total ordinary hours
between 7.00 p.m. and 7.00 a.m., Monday to Friday, inclusive, shall be paid an
amount as set out in Item 1 of Table 2 per hour, with a minimum payment of the
amount set out in Item 2 of Table 2.
The minimum rate to be paid to adult employees of any classification
shall, subject to other provisions of this award, be the rates set out in Table
1 of Part B - Monetary Rates.
(b) In-Charge
Employees - A person (other than a Head Waiter/ress, Housekeeper, First Cook or
Chef) appointed to direct other employees shall be paid as follows:
(i) If required
to direct more than four employees - shall be paid an amount as set out in Item
3 of Table 2.
(ii) If required
to direct six to ten employees - shall
be paid an amount as set out in Item 4 of Table 2.
(iii) If required
to direct over ten but not more than twenty employees - shall be paid an amount
as set out in Item 5 of Table 2.
(iv) If required to
direct more than twenty employees - shall be paid an amount as set out in Item
6 of Table 2.
In-charge rates are added to the weekly rates and apply
as part of the weekly rate for all purposes.
(c) Special
Allowances - Office Employees - Any employee irrespective of age who is
required to have shorthand experience and has:
(i) Shorthand
qualifications of 80 w.p.m. shall be paid as part of the weekly wage - shall be paid an amount as set out in Item
7 of Table 2.
(ii) Shorthand
qualifications of 100 w.p.m. shall be paid as part of the weekly wage - shall be paid an amount as set out in Item
8 of Table 2.
(iii) Machine
operators comptometer operators ledger posting machine operators and/or punch
card tabulator operators irrespective of age with three months experience as
such shall be paid as part of the weekly wage
- shall be paid an amount as set out in Item 9 of Table 2.
Special allowances provided in this subclause shall be
part of the weekly rate and apply as part of the weekly rate for all purposes.
(d) Home
Deliveries:
(i) An employee
(other than a cellarperson) required to make home deliveries - shall be paid an
amount as set out in Item 10 of Table 2 - above their ordinary wage rate up to
two hours. Provided where they make
deliveries in excess of two hours on any one day they shall be paid for the day
at cellarperson's rates only and in such case shall not be paid the $0.63
herein provided.
(ii) Where an
employee classified as a cellarperson is required and makes home deliveries
they - shall be paid an amount as set
out in Item 11 of Table 2 - above their ordinary wage rate with the maximum
amount as set out in Item 12 of Table 2 in any one day.
6. Arbitrated Safety
Net Adjustment
(a) In addition to
the rates of pay prescribed in clause 5, Rates of Pay, each adult employee
shall receive an additional amount per week as set out in Table 1 - Wages, of
Part B, Monetary Rates, to be paid for all purposes.
(b) In addition to
the rates of pay prescribed in clause 5, Wages, each apprentice shall receive
the arbitrated safety net adjustment as an additional amount per week as set
out in the said Table 1, to be paid for all purposes.
(c) The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset
against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
6A. Rates of Pay -
Apprentices
(a) Proficiency
Rates - Should an apprentice in any year pass in each of the subjects
prescribed for that year of the apprenticeship course, and attain a standard as
certified by the Department of Technical and Further Education of not less than
an average of 70 per cent of possible marks allotted at the Annual Examination
conducted by the Department, in the subjects of trade theory and trade practice
prescribed for that year in the relevant course, the apprentice shall:
(i) On the first
occasion on which the apprentice attains such standard be paid for the next
succeeding year shall be paid an amount as set out in Item 13 of Table 2 in
addition to the prescribed minimum weekly wage.
(ii) For the
second occasion on which the apprentice attains such standard be paid for the
next succeeding year shall be paid an amount as set out in Item 14 of Table 2
in addition to the prescribed minimum weekly wage.
(iii) For the third
occasion on which the apprentice attains such standard be paid for the next
succeeding year shall be paid an amount as set out in Item 15 of Table 2 in
addition to the prescribed minimum weekly wage.
7. Casual Work
(a) "Casual
employee" in this industry shall mean and be deemed to be any employee
engaged as such to work for a lesser period than a working week of 38 hours on
the class of employment for which the casual is employed.
(b) A casual
employee shall be paid per hour at the rate of one thirty-eighth of the weekly
rate prescribed for the class of work performed, plus the appropriate
undermentioned addition to that rate:
(1) 50 per cent
for casual work, Monday to Friday, inclusive, for time worked between 7.00 a.m.
and 7.00 p.m., provided that for work performed before 7.00 a.m. and/or after
7.00 p.m., an additional amount per hour or part of an hour asset out in Item
16 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be
paid, with a minimum additional payment of the amount as set out in Item 17 of
the said Table 2.
(2) 75 per cent
for work on Saturday.
(3) 100 per cent
for work on Sunday.
(4) 200 per cent
for work on holidays prescribed in this award.
(c) Casual work
may, by mutual consent, be paid for weekly or fortnightly by agreement between
the employers and employees or at the termination of each engagement.
(d) "Engagement"
for the purposes of this clause shall be deemed to mean the period or periods
for which the employer notifies the employee that they are so required to
attend on any one day:
Provided that each period of engagement shall stand
alone and shall be treated as an engagement of not less than two hours and be
paid for as such.
(e) All fares in
excess of 12 cents reasonably incurred by a casual employee in travelling from
his residence to the place of work for the purpose of doing the work and/or in
excess of 12 cents reasonably incurred in travelling from such place to his
residence after doing the work in due course shall be paid by the employer.
(f) The hours of
labour and conditions as to time off shall be the same for casuals as for other
employees unless otherwise specified.
8. Board and Lodging
(a) Where board
and residence is made available to adult employees the employer shall have the
right to deduct from the pay of the employee residing on the premises an amount
as set out in Item 18 of Table 2.
Provided that where an adult employee is required to
share a room for lodging the amount to be deducted from the pay of such
employee for board and lodging shall be an amount as set out in Item 19 of
Table 2.
(b) Where lodgings
only are made available to adult employees, the employer shall have the right
to deduct from the pay of the employee residing on the premises an amount as
set out in Item 20 of Table 2.
Provided that where an adult employee is required to
share a room for lodging the amount to be deducted from the pay of such
employee for lodging shall an amount as set out in Item 21 of Table 2.
(c) In the case of
employees who do not reside on the employer's premises a deduction an amount as
set out in Item 22 of Table 2 for each meal supplied and consumed during the
employee's spread of working hours may be deducted by the employer.
(d) Where
necessary, lodging rooms shall be fitted with adequate heating and cooling
appliances.
(e) The rates for
board and lodging for adults shall be increased or decreased by 20 cents for
every 50 cents per week in the rate for classification "Persons not
otherwise provided for" in subclause (a) of clause 11, Travelling
Facilities, of this award.
(f) Junior
employees receiving adult rates of pay shall be subject to the deduction
applicable to adults prescribed in this clause.
(g) Junior
employees receiving junior rates of pay shall be subject to a deduction at the
rate of 50c for each meal supplied and consumed during the employee's spread of
working hours.
(h) Junior
employees receiving junior rates of pay, shall be subject to a deduction for
board and lodging of no more than 50 per cent of the adult deduction, as
provided in subclauses (a) and (b) of this clause.
9. Juniors
(a) Junior
Employees (Other than Office Juniors) - The minimum rate of wages for Junior
Employees shall be the undermentioned percentages of the rate prescribed for
the Adult classification appropriate to the work performed for the area in
which they are working.
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Age
|
Percentage
|
|
18 years of age
|
70
|
|
19 years of age
|
85
|
|
20 years of age
|
95
|
(b) Junior Office
Employees - The minimum rates of wages for Junior Office Employees shall be as
follows:
|
Age
|
Percentage
of 1st year adult service in the clerical industry
|
|
15 years of age and under
|
46
|
|
16 years of age
|
54.5
|
|
17 years of age
|
66
|
|
18 years of age
|
77.5
|
|
19 years of age
|
90
|
|
20 years of age
|
96.5
|
(c) The
percentages prescribed in subclauses (a) and (b), of this clause, shall be
calculated as follows:
The total wage shall be calculated to the nearest 10
cents, any broken part of 10 cents in the result being less than 5 cents shall
be disregarded -5 cents and over shall go to the higher 10 cents.
(d) Junior
Employees on reaching the age of eighteen years, may be employed in the bar or
other place where liquor is sold, provided that the maximum number shall be one
to every three adults similarly employed receiving a minimum weekly rate
prescribed in this award.
Provided further that where such junior is employed in
the front of the house the adult award rate for the work being performed shall
be paid.
(f) Junior
Employees may be employed in the back of the house in the proportion not
exceeding one junior to every three or fraction of three adults employed
therein.
(g) An employer
may at any time demand the production of a birth certificate or other
satisfactory proof for the purposes of ascertaining the correct age of a junior
employee. If a birth certificate is
required, the cost of it shall be borne by the employer.
10. Apprentices
(a) Any apprentice
who is required to work -
(1) part of their
ordinary hours between 7.00 p.m. and 7.00 a.m., Monday to Friday, inclusive,
shall be paid an amount as set out in Item 23 of Table 2 per hour or any part
of an hour, for any such time worked within the said hours, with a minimum
payment of the amount set out in Item 24 of Table 2 for any one day;
(2) their total
ordinary hours between 7.00 p.m. and 7.00 a.m., Monday to Friday, inclusive,
shall be paid an amount as set out in Item 25 of Table 2 per hour, with a
minimum payment of the amount as set out in Item 26 of Table 2 for any one day
or shift.
(b) Notwithstanding
anything elsewhere contained in this award any awards made by the Hotel
Employees (State) Apprenticeship Committee shall apply to any section of the
trade to which such awards and/or regulations are expressed to apply; provided
that any apprentice employed pursuant thereto shall be deemed to be a junior
for the purpose of computing the proportion of juniors who may be employed
under this award.
(c) Apprentices
may be indentured to the following trades in the hotel industry:
(i) Cooking - which
shall be the trade of preparing food for consumption on the premises of the
employer by members of the public or other employees.
(ii) Waiting -
which shall be the trade of servicing food and/or liquor to the public or other
employees for consumption by them on the premises.
(d)
(i) Where an
employee is apprenticed in the cooking trade in accordance with the provision
of the State law and/or regulations made by the Vocational Training Authority
of New South Wales, such employee shall be paid the percentage of the total
wage prescribed for a cook (tradesperson) grade 3 in clause 18 -
Classifications and wage rates, of The Hospitality Industry - Accommodation,
Hotels, Resorts and Gaming Award 1998 as follows:
|
|
Per cent
|
|
First year
|
55
|
|
Second year
|
65
|
|
Third year
|
80
|
|
Fourth year
|
95
|
(ii) Where an
employee is apprenticed in the waiting trade in accordance with the provisions
of the State law and/or regulations made by the Vocational Training Authority
of New South Wales, such employee shall be paid the percentage of the total
wage prescribed for a food and beverage attendant grade 5 in Clause 18 -
Classifications and wage rates, of The Hospitality Industry - Accommodation,
Hotels, Resorts and Gaming Award 1998 as follows:
|
|
Per cent
|
|
First six months
|
70
|
|
Second six months
|
85
|
|
Third six months
|
94
|
|
Fourth six months
|
97
|
|
Fifth six months
|
100
|
(iii) Any person
completing a full apprenticeship as a qualified tradesperson shall be paid not
less than the total rate prescribed for a cook (tradesperson) grade 3 or food
and beverage attendant grade 5 in Clause 18 - Classifications and wage rates,
of The Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award
1998.
(iv) All
percentages prescribed in this subclause shall be calculated to the nearest ten
cents. Any broken part of ten cents in
the result being less than five cents shall be disregarded - five cents and
over shall go to the higher ten cents.
(e) Overtime
(i) An apprentice
under the age of eighteen years shall not, without their consent, be required
to work overtime or shift work.
(ii) Any apprentice
employed pursuant to this award shall be deemed to be a junior for the purpose
of computing the proportion of juniors who may be employed under this award.
11. Travelling
Facilities
(a) Where an
employee is detained at work until it is too late to travel by the last
ordinary train, tram, vessel or other regular conveyance to their usual place
of residence the employer shall either provide proper conveyance or provide
accommodation for the night free of charge.
(b) If an employee
is required to start work before their ordinary commencing time and before the
first ordinary means of conveyance (hereinbefore prescribed) is available to
convey them from their usual place of residence to the place of employment the
employer shall provide a conveyance or pay the cost thereof.
(c) Where a weekly
employee is engaged for work outside a distance of twenty miles from the place
of engagement they shall be paid all fares actually and necessarily incurred in
travelling from the place of engagement to the place of employment; provided
that if the employee leaves their place of employment or is dismissed for
misconduct within a period of three months of the date of engagement, the
employer may recover from the employee the fare paid on engagement.
12. Higher or Lower
Grade Work
(a) Except for
subclause (a), Bar Attendant, of clause 1, Definitions, of this award, an
employee engaged for two or more hours of one day on duties carrying a higher
rate than his ordinary classification shall be paid the higher rate for such
day. If for less than two hours he
shall be paid the higher rate for the time so worked.
(b) A higher paid
employee shall, when necessary, temporarily relieve a lower paid employee
without loss of pay.
13. Time and Wages
Sheet
All employers shall keep time and wages sheets in accordance
with the provisions of the Industrial
Relations Act 1996.
14. Payment of Wages
(a) Except upon
the termination of employment all wages including overtime shall be paid on any
day other than Friday, Saturday or Sunday in each week. Notwithstanding the foregoing by agreement
between the Union, the employer and the employee in a week where a holiday
occurs payment of wages may be made on Friday.
(b) By agreement
between the employer and the employee wages may be paid either weekly or
fortnightly by one of the following means:
(i) Cash;
(ii) Cheque; and
(iii) Payment into
employee's bank account, without cost to the employee.
In the event of a disagreement, the Union and the
relevant employer organisation or other representative of the employer may be
informed.
Notwithstanding the provisions of this subclause, an
employer may pay an employee weekly by cash without consultation.
(c) Employees who
are paid their wages at any time other than during their working time, shall,
if kept waiting more than fifteen minutes, be paid overtime rates for all such
waiting time.
(d) Employees
whose rostered day off falls on pay day shall be paid their wages, if they so
desire, before going off duty on the working day prior to their day off.
(e) When notice of
termination of employment has been given by an employee or an employee's
services has been terminated by an employer, payment of all wages and other
monies due shall be made at the employee's normal place of employment prior to
the employee leaving such place of employment.
If an employee is kept waiting for more than fifteen minutes after
termination of employment such employee shall be paid overtime rates for
waiting time.
Provided where an employee is dismissed for misconduct
such employee shall be paid within I hour from the time of dismissal.
For the purposes of this subclause, waiting time shall
mean all time an employee is kept waiting on the premises of the employer on
the day of termination of employment in excess of the waiting time specified
herein. In the event of an employee not
being paid on the day of termination of employment, such employee shall be paid
at the rate of time and a half until payment is effected, with a minimum payment
of two hours and a maximum of seven hours 36 minutes per day. The above seven hours 36 minutes shall refer
to the period of shift normally worked by the employee.
Provided that in the case of an employee whose ordinary
hours are arranged in accordance with clause 2A(b)(i) and (b)(iii) of this
award and who is paid average pay and who has not taken the day off or days due
to him during the work cycle in which his employment is terminated, the wages
due to that employee shall include the total of credits accrued during the work
cycle as mentioned in clause 2A of this award.
Provided further that where the employee has taken a
day off during the work cycle in which his/her employment is terminated, the
wages due to that employee shall be reduced by the total of credits which have
not accrued during the work cycle.
(f) At the time
of payment of wages each employee not in receipt of taxation deduction stamps
shall be issued with a statement showing gross wage, taxation deduction, net
wage, and date to which payment is made.
(g) For the
purposes of this award including overtime, weekend and public holiday penalties
the hourly rates of wages shall be calculated by dividing the appropriate
weekly rates provided in subclause (a) of clause 5, Rates of Pay, of this award
by 38 subject to the provisions of clause 7, Casual Work.
15. Public Holidays
(a) The day or
days upon which the following holidays fall or the days upon which such
holidays are observed shall be holidays for the purposes of this award: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, the picnic
day of the Union (which shall be held on the third Monday in February in each
year) and any other day or days proclaimed or gazetted as public holidays for
the State.
(b) All time
worked by any employee on any of the holidays specified in subclause (a), of
this clause, shall be paid for at the rate of treble time with a minimum of
four hours at such rate.
(c) When a public
holiday falls on an employee's rostered day off, such employee shall be paid
eight hours pay in addition to the weekly wage. In addition, an employee required to work on such a day shall be
paid for such work in accordance with subclause (b), of this clause.
(d) Apprentices:
(i) When an
apprentice is absent from his or her employment only on one working day or part
of a day before or after a holiday, except on account of illness or other
legitimate reason, he/she shall not suffer loss of payment for more than one
day of the holidays.
(ii) Subject to
clause 4A, Rosters - Apprentices, of this award, all time worked by an
apprentice on a holiday herein prescribed shall be paid for at the rate of
double time and a half for the hours worked, with a minimum of four hours'
additional pay. Alternatively,
apprentices who work on a prescribed holiday may, by agreement, perform such
work without penalty pay in that week provided that equivalent paid time is
added to the employee's annual leave or one day in lieu of such public holiday
shall be allowed to the employee during the week in which such holiday falls.
Provided that such holiday may be allowed to the
employee within twenty-eight days after such holiday falls.
16. Annual Leave
(a) All employees
shall be entitled to 4 weeks annual leave per year, which shall apply for all
purposes as if it were a provision of the Annual
Holidays Act, 1944, providing that this clause shall not have the effect of
reducing any entitlement under the said Act.
(b) All employees
shall receive payment for annual leave periods calculated at their ordinary
rate of pay in accordance with the provisions of the Annual Holidays Act, 1944, and shall, in addition, be paid all
shift allowances, Saturday penalty payments and Sunday penalty payments
relating to ordinary time the employee would have worked if the employee had
not been on annual holidays.
Such payment shall not include any penalty payment in
respect of a public holiday occurring during the annual holiday which is a
public holiday on which the employee would have worked an ordinary shift.
17. Long Service
Leave
See Long Service Leave
Act 1955.
18. Sick Leave
(a) Any employee,
other than a casual, after month's service with their employer, who is absent
from work on account of personal illness or on account of injury by accident
arising in the course of their employment, shall be entitled to leave of
absence subject to the following conditions and limitations:
(i) An employee
shall not be entitled to be paid for any absence for any period of which they
are entitled to workers' compensation.
(ii) The employee
shall, within twenty-four hours of the commencement of such absence, inform the
employer of their inability to attend for duty and state the nature of the
injury or personal illness and the estimated duration of the absence.
(iii) A claim made
for sick leave shall be supported by evidence satisfactory to the employer, or
in the event of a dispute to the Hotel Employees (State) Conciliation
Committee, that the employee was unable, on account of injury or personal
illness, to attend for duty on the day or days for which leave is claimed.
(iv)
(1) Subject to the
provisions of subclause (c), of this clause, the employee shall not be entitled
in any year (whether in the employ of one employer or several) to leave in
excess of 48 hours in the first year and 64 hours at the commencement of the
second and subsequent years.
(2) Apprentices -
Subject to the provisions of this clause, the apprentice shall not be entitled
to leave for each year of service in excess of 80 hours of working time.
(v) An employee
shall not be entitled to paid leave in excess of ten hours during the first
three calendar months of their employment with an employer and a further ten
hours during the second three calendar months of such employment.
Provided that should employment continue beyond six
months the apprentice shall be paid for the leave for which the apprentice
would otherwise have been entitled to be paid except for the limitations
prescribed in this paragraph and for which payment has not been made
previously.
(b) Any employer
taking over a business shall be responsible for all sick leave covered by the
period of employment of each employee who was employed by an immediate
predecessor in the business.
(c) Sick leave
which has not been taken by an employee during the immediately preceding nine
years together with the allowance of the then current year shall entitle the
employee to a maximum of 640 hours' sick leave in any one year.
(d) In addition to
the above provisions, any employee who is absent from his work and is entitled
to receive workers' compensation payments in respect of such absence, shall be
entitled to have any difference between such compensation payments and his
weekly rate of pay paid to him by his employer. Any such period or periods are limited to 26 weeks in any one
year.
(e)
(i) An employee
who works under the provisions of paragraph (b)(ii) of clause 2A,
Implementation of 38 Hour Week shall have their sick leave entitlement for each
hour of absence on sick leave reduced by that amount up to a maximum of 7 hours
36 minutes for each day.
(ii) An employee
who works under the provisions of paragraphs (b)(i) and (ii) of clause 2A,
Implementation of 38 Hour Week shall have their sick leave entitlements for
each hour of absence on sick leave reduced by that amount up to the number of
hours the employee is rostered for work.
18A. Personal/Carer's
Leave
(1) Use of Sick
Leave:
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in Clause 18, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of the
employee; or
(b) a de facto spouse
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an adult
child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis; or
(e) a relative of the
employee who is a member of the same household where, for the purposes of this
subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose:
(a) An employee
may elect, with the consent of the employer, and to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave:
(a) An employee
may elect, with the consent of the employer and subject to the Annual Holidays Act 1944, to take annual
leave not exceeding five days in single-day periods or part thereof, in any
calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime:
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time:
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off:
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the award
and which has members employed at the particular enterprise of its intention to
introduce an enterprise system of RDO flexibility, and providing a reasonable
opportunity for the union(s) to participate in negotiations.
19. Bereavement Leave
(1) An employee,
other than a casual employee, shall be entitled to up to five days bereavement
leave without deduction of pay on each occasion of the death of a person as
prescribed in subclause (3) of this clause.
(2) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(3) Bereavement
leave shall be available to the employee in respect to the death of a person prescribed
for the purposes of personal/carer's leave as set out in subparagraph (ii) of
paragraph (c) of subclause (1) of clause 18A, State Personal/Carer s Leave,
provided that, for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
(4) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(5) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said clause18A. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
20. Overtime and
Penalty Rates
(a) An employer
may require any weekly employee to work reasonable overtime at overtime rates
and such employee shall work overtime in accordance with such
requirements. To ensure that weekly
employees are not deprived of the opportunity to work reasonable overtime an
employer shall so far as is practicable offer such employee the opportunity to
work any overtime that may be required to meet fluctuations in his trade or
other special circumstances, in preference to engaging casuals to supplement
his normal labour force.
(b) All time
worked in excess of the hours and/or outside the spread of hours or outside the
rostered hours prescribed in clause 2 of this award shall be overtime and shall
be paid for at the following rates:
(i) Monday to
Friday inclusive time and one-half for the first two hours and double time for
all work thereafter.
(ii) Between
midnight Friday and midnight Saturday time and three-quarters for the first two
hours and double time for all time worked thereafter.
(iii) Between
midnight Saturday and midnight Sunday double time for all time worked.
(iv) All work
performed on an employee's rostered day off, double time, with a minimum
payment of four hours at the rate of double time. The four hours minimum shall not apply where the overtime is
continuous from the previous days duty.
Rostered day off shall include the rostered day off as provided in
clause 2A of this award.
(v) Overtime on any
day shall stand alone.
(vi) If an employee
is so long on overtime duty has not had eight hours rest before their next
regular starting time, they shall be allowed at least eight hours rest without
deduction of pay or shall be paid at overtime rates for all time on duty until
they have had at least eight hours' rest.
(c)
(i) For all
ordinary time worked between midnight Friday and midnight Saturday time and
one-half rates shall be paid;
(ii) For all
ordinary time worked between midnight Saturday and midnight Sunday shall be
paid at double time with a minimum of eight hours at the rate of double time.
(iii) Apprentices -
For all ordinary time worked between midnight Saturday and midnight Sunday,
time and three-quarters shall be paid.
(d) Limitations
- Apprentices:
(i) No apprentice
under the age of 18 years shall be required to work overtime unless they so
desire. Such overtime shall not exceed
one hour in any one day.
(ii) At 18 years
or over, an apprentice who is required to work overtime for two hours or more,
after the usual ceasing time, shall be provided with a meal free of charge.
(iii) No apprentice
shall, except in an emergency, work overtime or shift work which would prevent
their attendance at technical school as required by any statute, award or
regulation applicable to them.
21. Termination of
Service
(a) Three working
days' notice of termination of service shall be given by employers and
employees, respectively. If an employee
leaves without notice such employee shall forfeit twenty-four hours' pay.
Provided that if an employee leaves without notice on
account of conduct by the employer which may be reasonably deemed to be
offensive to such employee, such employee shall not forfeit the twenty-four
hours' pay prescribed.
(b) If any
employer dismisses an employee without notice for cause other than misconduct
the employer shall pay such employee twenty-four hours' pay in lieu of notice,
provided that no employee shall be dismissed without notice for sickness,
accident or other reasonable cause if they inform their employer within
twenty-four hours of the commencement of such absence, of their inability to
take up duty on that day and also informs the employer of their whereabouts and
furnishes a reasonable excuse for their absence.
(c) Where notice
of termination of service has been given employees shall be paid immediately
upon the expiry of such notice.
(d) For the
purposes of this award notice given within a period not exceeding three hours
after the rostered commencing time of any working day shall be regarded as a
full day's notice.
(e) Where the
employment of an employee is terminated by the employer (except for misconduct)
within fourteen days prior to any holiday or the commencement of a group of
holidays the employee shall be paid for that holiday or group of holidays
provided the employee has been employed by the employer for a period of at
least two months prior to the termination of their employment.
(f) Where any two
or more of the holidays prescribed in this award occur within one week of one
another, such holiday shall, for the purposes of this award, be deemed to be a
group of holidays.
22. Union Officials
(a) The secretary
and accredited officials of the union shall have the right to enter the
premises of any employer, at a time reasonably convenient to the employer, for
the purpose of interviewing members but such officials shall obtain the
permission of the employer before entering either the cellar or the back of the
house.
(b) This clause
shall not in any way affect the rights of authority issued by the Industrial
Registrar in accordance with section 297 of the Industrial Relations Act, 1996.
22A. Shop Facilities
- Apprentices
The Hotel Employees (State) Industrial Committee may inspect
and advise upon the facilities that are provided by an employer so that an
apprentice may gain proficiency in their trade.
22B. Disputes -
Apprentices
An employer, or an officer of the applicant industrial union
of employees, or an apprentice, their parents or guardian, may report to the
Hotel Employees (State) Industrial Committee the occurrence of any dispute or
alleged unsatisfactory treatment of a party to the indenture, and the Hotel
Employees (State) Industrial Committee may make such order as it thinks fit in
the circumstances.
23. First-Aid Outfit
In each establishment the employer shall provide and
continuously shall maintain, at a place reasonably accessible to all employees,
an efficient first-aid outfit. This
provision shall comply with the relevant State Act.
24. Posting of Award
This award shall be exhibited by each employer on their
premises in a place accessible to all employees.
25. Special Clothing
(a) Where the
employer requires any special clothing such as coats, dresses, caps, aprons,
cuffs, and any other articles of clothing to be worn by the employee they shall
be purchased and cleaned or laundered at the employer's expense. Such clothing shall remain the property of
the employer.
(b) Where by
mutual agreement between an employer and an employee the cleaning or laundering
of the special clothing is done by the employee a cleaning or laundering
allowance shall be paid an amount as set out in Item 27 of Table 2 to a cook
and an amount as set out in Item 28 of Table 2 to an employee other than a
cook.
(c) Where it is
necessary that waterproof or other protective clothing such as waterproof
boots, aprons, or gloves be worn by an employee such clothing shall be
supplied, without cost, to the employee and shall remain the property of the
employer. Provided that, in the event
of dispute, the necessity for the provision of protective clothing shall be
determined by the Hotel Employees (State) Industrial Committee.
26. Uniform, Tools
and Gear
(i) All aprons,
towels, tools, ropes, brushes, knives, choppers, implements, utensils and
material shall be supplied by the employer, without cost, to the employee.
(ii) Apprentices
in cooking shall be paid an amount as set out in Item 29 of Table 2 as a tool
allowance.
Provided that, where the employer supplies the
apprentice with all necessary tools of use in his trade (such tools to remain
the property of the employer) the provisions of this subclause shall not apply.
Provided further where a tool allowance is paid to
apprentices, the employer may, from time to time, inspect the tools provided by
any apprentice and if not satisfied that reasonable tools are being provided
and kept in serviceable condition, having regard to the quantum of tool
allowance paid, may furnish or render serviceable such tools and deduct the
cost thereof from tool allowance payments thereafter becoming due.
27. Dressing Rooms,
Showers, &c.
(a) An employer
shall provide for non-resident employees a separate dressing room for male and
for female employees, adequately lighted and ventilated, with suitable floor
covering and floor space, to be sufficiently roomy to accommodate all employees
likely to use it at the one time, sufficient seating accommodation and lounge
or settee and steel or vermin-proof lockers and adjacent thereto wash basins
and showers with hot and cold water and toilets for staff use.
(b) An employer
shall provide for resident employees bedroom space of not less than 100 square
feet for each two employees and shall provide beds, wardrobe, dressing table,
chair and suitable floor covering; laundering facilities for washing and ironing
shall be made available, without charge.
(c) Where there
are more than four resident employees in any establishment the employer shall
provide a staff lounge room, bathroom and toilet conveniences separate from
those used by guests.
28. Breakages
An employer shall not charge a sum against nor deduct any
sum from the wages of any employee in respect of breakages of crockery or other
utensils except in the case of wilful misconduct.
29. General
Conditions
(a) Any bar
attendant or cellarperson shall not be required to scrub nor wash floors or
tables; such work shall be performed by the useful.
(b) Night porters,
and night cleaners who reside on the premises shall be provided with a room
that is not shared by another employee.
(c) Female
employees shall not be required to clean men's lavatories nor clean windows
where it is necessary to get outside such windows.
(d) Junior
employees shall not be employed on dishwashing machines.
29A. Disputes and
Industrial Grievance Procedure
Subject to the provisions of the Industrial Relations Act 1996, grievances and disputes shall be
dealt with in the following manner:
(i) Procedures
relating to grievances of individual employees:
(a) The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedures
relating to disputes etc., between employers and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
30. Meal Money
An employee required to work overtime for more than two
hours without being notified on the previous day or earlier that they will be
so required to work shall either be supplied with a meal by the employer or
paid $2.13 meal money.
If an employee pursuant to notice has been provided with a
meal and is not required to work overtime or is required to work less than the
amount advised they shall be paid as above prescribed for the meal which they
have been provided but which is surplus.
31.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedures
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operations of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect discriminatory
effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation.
(b) offering or
providing junior rates of pay to persons less than 21 years of age.
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977.
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects...any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
32. Redundancy
(1) Application:
(a) This Part shall
apply in respect to full time and part time persons employed in the
classifications within this Award.
(b) In respect to
employers who employ 15 or more employees immediately prior to the termination
of employment of employees, in the terms of subclause (3) of this clause.
(c) Notwithstanding
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this award, this award shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks, or where employment is
terminated due to the ordinary and customary turnover of labour.
(2) Introduction
of Change:
(a) Employer’s Duty
to Notify:
(i) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the Union to which they belong.
(ii) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that
where this award makes provision for alteration, it shall be deemed not to have
significant effect.
(b) Employer’s Duty
to Discuss Change:
(i) The employer
shall discuss with the employees affected and the Union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) of this
subclause, the effects the changes are likely to have on employees and measures
to avert or mitigate the adverse effects of such changes on employees, and
shall give prompt consideration to matters raised by the employees and/or the
Union in relation to the changes.
(ii) The
discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in paragraph (a)
of this subclause.
(iii) For the
purpose of such discussions, the employer shall provide to the employees
concerned and the Union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(3) Redundancy:
(a) Discussions
before Terminations:
(i) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
(i) of paragraph (a) of subclause (2) of this clause, and that decision may
lead to the termination of employment, the employer shall hold discussions with
the employees directly affected and with the Union to which they belong.
(ii) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (i) of
this paragraph and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(iii) For the purpose
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the Union to which they belong all relevant information
about the proposed terminations, including the reasons for the proposed
terminations, the number and categories of employees likely to be affected, and
the number of employees normally employed and the period over which the
terminations are likely to be carried out. Provided that any employer shall not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
(4) Termination
of Employment:
(a) Notice for
changes in production, program, organisation or structure - This paragraph sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure, in
accordance with subparagraph (i) of paragraph (a) of subclause (2) of this
clause.
(i) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
|
Period of Continuous Service
|
Period of Notice
|
|
Less than one year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(ii) In addition
to the notice above, employees over 45 years of age at the time of the giving
of the notice, with not less than two years' continuous service, shall be
entitled to an additional week's notice.
(iii) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subparagraph (i) of paragraph (a) of subclause (2) of this
clause.
(i) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(ii) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment shall
be terminated by part of the period of notice specified and part payment in
lieu thereof.
(iii) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time Off During
Notice Period:
(i) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(ii) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
Leaving During Notice Period:
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause to which the
employee would have been entitled had the employee remained with the employer
until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(e) Statement of
Employment:
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Centrelink:
Where a decision has been made to terminate employees,
the employer shall notify the Centrelink thereof as soon as possible, giving
relevant information, including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(g) Transfer to
Lower-paid Duties:
Where an employee is transferred to lower-paid duties
the employee shall be entitled to the same period of notice of transfer as the
employee would have been entitled to if the employee's employment had been
terminated, and the employer may, at the employer's option, make payment in
lieu thereof of an amount equal to the difference between the former
ordinary-time rate of pay and the new ordinary-time rates for the number of
weeks of notice still owing.
(5) Severance Pay:
(a) Where an
employee is to be terminated pursuant to this clause, subject to further order
of the Industrial Relations Commission of New South Wales, the employer shall
pay the employee the following severance pay in respect of a continuous period
of service:
(i) If an
employee is under 45 years of age, the employer shall pay in accordance with
the following scale:
|
Years of service
|
Under 45 years of
age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(ii) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
|
Years of service
|
45 years of age and
over Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(iii) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid pursuant to this award.
(b) Incapacity to
Pay:
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
paragraph (a) of this subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect of paying the amount of severance pay in paragraph (a)
of this subclause will have on the employer.
(c) Alternative
Employment:
Subject to an application by the employer and further
order of the Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in paragraph (a) of this subclause if the
employer obtains acceptable alternative employment for an employee.
33. Basis of Award
and Leave Reserved
This award is made in relation to the award of the
Commonwealth Conciliation and Arbitration Commission known as the "Hotels
and Retail Liquor Industry Award, 1973". Leave is reserved to the union to
apply at any time for a variation of this award in order to maintain that
relationship.
34. Area, Incidence
and Duration
This award rescinds and replaces the Hotel Employees (State)
Award published 6 March 1974 and reprinted 6 April 1983 (229 I.G. 17), and all
variations thereof, the Hotel &c., Employees (State) Wages Adjustment Award
published 28 February 1997 (296 IG 1017) and all variations thereof, and the
Hotel Employees Redundancy and Technological Change (State) Award published 9
February 1996 (290 I.G. 636).
It shall apply to all hotel employees and their employers in
the State, excluding the County of Yancowinna, within the jurisdiction of the
Hotel Employees (State) Industrial Committee.
This Award shall come into force on 20 August 2001 and shall
remain in force for a period of 12 months.
The changes to give effect to section 19 of the Industrial Relations Act 1996 and the
Commission's Principles for Review of Awards shall take effect from 20 August
2001.
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Wage Total
$
|
|
Bar Attendant
|
400.40
|
|
Cashier in Bars
|
400.40
|
|
First Cook
|
408.20
|
|
Qualified Cook
|
400.40
|
|
Cook Employed Alone
|
400.40
|
|
Breakfast & Other Cook
|
400.40
|
|
Head Waiter/ress and/or Host/ess
|
400.40
|
|
Other Waiters/resses, drink and/or Food
|
400.40
|
|
Cleaner in and about Bars
|
400.40
|
|
Cellarperson
|
400.40
|
|
Assistant Cellarperson
|
400.40
|
|
Butcher
|
400.40
|
|
Pantryman/maid or Kitchenman/maid
|
400.40
|
|
Storeperson
|
400.40
|
|
Night Porter
|
400.40
|
|
Day Porter
|
400.40
|
|
Billiards Room Attendant
|
400.40
|
|
Commissionaire Messenger and/or Parking Attendant
|
400.40
|
|
Useful and Cleaner
|
400.40
|
|
Person not otherwise provided for
|
400.40
|
|
Office Employees -
|
|
1st year of adult service in the clerical industry
|
400.40
|
|
2nd year of adult service in the clerical industry
|
400.40
|
|
3rd year of adult service in the clerical industry
|
400.40
|
|
Cashier - elsewhere
|
400.40
|
|
Housekeeper or Manager/ess
|
400.40
|
|
Snack Bar Attendant
|
400.40
|
|
Laundry employee
|
400.40
|
|
Houseman/maid
|
400.40
|
|
Houseman/maid who repairs linen or articles of any
description
|
400.40
|
|
Pantryman/maid or Kitchenman/maid
|
400.40
|
|
Persons not otherwise provided for
|
400.40
|
Table 2 - Other Rates and Allowances
|
Item
|
Clause
|
Description
|
Amount
|
|
|
|
|
$
|
|
1
|
5 (a)
|
Whole of work between 7.00 pm and 7.00 am per hour
|
0.44
|
|
2
|
5 (a)
|
Whole of work between 7.00 pm and 7.00 am per hour -
|
3.61
|
|
|
|
Minimum payment per day
|
|
|
3
|
5 (b) (i)
|
In Charge of more than four employees
|
7.60 per week
|
|
4
|
5 (b) (ii)
|
In Charge of six to ten employees
|
10.10 per week
|
|
5
|
5 (b) (iii)
|
In Charge of ten to twenty employees
|
11.60 per week
|
|
6
|
5 (b) (iv)
|
In Charge of more than twenty employees
|
19.40 per week
|
|
7
|
5 (c) (i)
|
Shorthand 80 wpm
|
3.70 per week
|
|
8
|
5 (c) (ii)
|
Shorthand 100 wpm
|
7.70 per week
|
|
9
|
5 (c) (iii)
|
Machine operator
|
3.60 per week
|
|
10
|
5 (d) (i)
|
Home deliveries
|
0.32 per hour
|
|
11
|
5 (d) (ii)
|
Home deliveries
|
0.32 per hour
|
|
12
|
5 (d) (ii)
|
Home deliveries maximum
|
0.64
|
|
13
|
6A (a) (i)
|
Apprentice proficiency (first occasion)
|
1.30 per week
|
|
14
|
6A (a) (ii)
|
Apprentice proficiency (second occasion)
|
2.10 per week
|
|
15
|
6A (a) (iii)
|
Apprentice proficiency (third occasion)
|
2.70 per week
|
|
16
|
7 (b) (1)
|
For all work between 7.00 pm and 7.00 am per hour
|
0.72
|
|
17
|
7 (b) (1)
|
For all work between 7.00 pm and 7.00 am per hour -
|
1.10
|
|
|
|
Minimum payment per day
|
|
|
18
|
8 (a)
|
Board and residence adult employee
|
14.20 per week
|
|
19
|
8 (a)
|
Shared room Board and residence adult employee
|
13.62 per week
|
|
20
|
8 (b)
|
Lodgings only adult employee
|
9.08 per week
|
|
21
|
8 (b)
|
Shared room lodgings only adult employee
|
8.75 per week
|
|
22
|
8 (c)
|
Meal supplied during employee’s spread of hours
|
1.00 per meal
|
|
23
|
10 (a) (1)
|
Apprentices - Part of work between 7.00 pm and 7.00 am
|
0.27
|
|
|
|
per hour
|
|
|
24
|
10 (a) (1)
|
Apprentices - Part of work between 7.00 pm and 7.00 am
|
0.53
|
|
|
|
per hour - Minimum payment per day
|
|
|
25
|
10 (a) (2)
|
Apprentices - Whole of work between 7.00 pm and 7.00
|
0.30
|
|
|
|
am per hour
|
|
|
26
|
10 (a) (2)
|
Apprentices - Whole of work between 7.00 pm and 7.00
|
2.43
|
|
|
|
am per hour - Minimum payment per day
|
|
|
27
|
25 (b)
|
Laundry special clothing - cooks
|
2.70 per week
|
|
28
|
25 (b)
|
Laundry special clothing - other than cooks
|
1.60 per week
|
|
29
|
26 (ii)
|
Apprentice - Tool allowance
|
0.50 per week
|
F. L. WRIGHT J, President.
M. J. WALTON J, Vice-President.
P. J. SAMS D.P.
B. W. O'NEILL, Commissioner.
Hotel Employees (State) Industrial Committee
Industries and Callings
Hotel employees including billiard markers, lift attendants,
grooms, stablemen, and yardmen. and all persons employed in bars and/or booths
in the handling of liquor and in such work as is incidental thereto on
showgrounds, racecourses, sports grounds, picnic grounds, etc., or any other
place not being an hotel where temporary liquor bars are established for the
sale of liquor in the State, excluding the County of Yancowinna;
Excepting:
Engine-drivers and firemen, greasers, trimmers,
cleaners and pumpers engaged in or about the driving of engines, electrical
crane, winch, and motor drivers;
Carters and drivers of motor and other power-propelled
vehicles; and
Employees of the Electricity Commission of New South
Wales.
____________________
Printed by
the authority of the Industrial Registrar.