COVID-19 Change to Hospitality (General) Award 2010

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The Fair Work Commission has made an application to vary or revoke the Hospitality Industry General Award 2010 under the Fair Work Act 2009 from March 24th 2020 to 30th June 2020, there is flexibility to extend this date.

These changes include flexibility on classification of duties, hours of work for full time and part time employees and annual leave.

Classification of duties

Employees where necessary and as directed by their employer will perform duties within their skills and competencies regardless of their current classification under classification definitions.  This is only when the duties are safe and employees are licenced and qualified to perform them, for example an employee would not be able to be directed to handle food without the appropriate qualification.  If an employee is carrying out higher duties, then higher duties rates will apply.

Hours of work for full time and part time employees

Employers must consult and provide as much notice as possible regarding changes of hours of work including rostering of hours.  If employees are members of the United Workers Union, employers must advise the United Workers Union of its plan to implement the changes.

Full time employees – Rostering

Full time employees who are rostered may be directed by the employer to work an average of between 22.8 and 38 hours per week.  The employee will be paid on a pro-rata basis. 

Part time employees – Rostering

Part time employees can be directed to work on average between 60% and 100% of the guaranteed hours per week over the roster cycle.

Full time employees – Ordinary Hours

Full-time employees may be directed to work an average of between 22.8 and 38 hours per week. 

Part time employees – Ordinary Hours

Part-time employees can be directed to work on average between 60% and 100% of the guaranteed hours per week.

Ordinary Hours for Full time and Part time employees and will be paid on a pro-rata basis.

Accruing Leave

Employees will continue to accrue annual and personal leave and any other applicable accruals under the Award, based on the full time or part time ordinary hours of work prior to the new arrangements.

If an employee takes annual or personal leave, their leave payment will be based on their full time or part time ordinary hours of work prior to the new arrangements.

Annual Leave

An employee may be directed by their employer to take annual leave within 24 hours’ notice.  The employer is subject to considering an employees’ personal circumstances.

An employer and employee can still agree to the employee taking leave at any time over this period.

During this period, the rate of pay for annual leave stated under the Fair Work Act 2009, can be negotiated by the employer and employee.  The employer and employee may agree that the employee take twice the amount of annual leave at half their rate of pay for all or a part of the annual leave taken.

For further advice on all Workplace Relations matters, contact Rosa Raco on 03 5499 6133.

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This article has been prepared by Vanessa Baglieri, Marketing Manager. We are passionate about helping businesses grow by sharing information. The content of this article is legal information, not advice and is not tailored to your circumstances, speak with Rosa Raco directly on 03 5499 6131 or email rraco@wrlaw.com.au if you require legal advice regarding your specific circumstances.

This article is current as at 12pm, 26th March 2020.