The Fair Work Commission has made changes to the Restaurant Industry General Award 2010 and Hospitality Industry (General) Award 2010 to come into effect on the first pay period on or after 23 January 2020.
The Fair Work Ombudsman has provided the following details of the changes:
Restaurant Industry Award 2010
Breaks
Casual employees who work more than 10 hours are now entitled to the same number of paid meal breaks as full-time & part-time employees working the same shift. An employee can now also agree with their employer to take their unpaid meal break no later than 6 and a half hours after starting work.
Competency-based progression for apprentices
In most cases, apprentices can now move up a level based on skills they’ve acquired against their training plan.
Tools allowance for cooks
Cooks will now be entitled to a tool allowance that was previously only provided for apprentice cooks.
Other changes
The decision also made minor changes to the following:
- Clause 39 – No deduction for breakages or till shortages
Hospitality Industry (General) Award 2010
Accrued days off
The award now includes a definition for an accrued day off (ADO). The new definition is to help understand the difference between an ADO and a rostered day off (RDO), which the award defines as any 24-hour period between rostered shifts.
ADOs are paid days off, which accumulate by working extra hours.
Full-time employees can accumulate an ADO over a 4-week roster period if the employer agrees to it. There are rules about how and when an employee can take an ADO.
Alternative public holiday arrangements
If employees are owed a day off for working on a public holiday, they can now agree to take it up to 6 months later. Previously they had to take it within 28 days.
Competency-based progression for apprentices
In most cases, apprentices can now move up a level based on skills they’ve acquired against their training plan.
Tools allowance for apprentices
Apprentice cooks will now be entitled to a tool allowance. They’re entitled to the full allowance which has been increased.
Other changes
The determination also made minor changes, including the following:
- Clause 21.1(h) – Working away from usual place of work
- Clause 21.1(j) – Adjustment of expense related allowances
- Clause 21.2(a) – Allowances for responsibilities or skills that are not taken into account in rates of pay – Fork-lift driver
- Clause 29.1 Full-time employees – New method of averaging wages
- Clause 32.2 Public holidays – Minimum engagement
- Clause 38 – No deduction for breakages or till shortages
- Clause 39 – Provision of employee accommodation and meals
The role of taking reservations, and greeting and seating guests has also moved from the classification definition for a food and beverage attendant grade 3 to a grade 2.
If you require any further information about the changes to the awards please contact Employment Innovations.
About Employment Innovations
Employment Innovations is one of Australia’s leading providers of employment services designed to increase your business’ productivity and ensure compliance. Its services include workplace advice, legal services, payroll solutions, migration (visas/sponsorships), human resource management & HR software. Our partner firm EI Legal provides employment law advice and representation.
You may also be interested in
Knowledge Base Article | Restaurant Industry Award Summary
Do you pay annual salaries? The law is changing from 1 March 2020