Hospitality Award Varied to Provide Additional Flexibility
Many CCER members are encountering workforce issues as their operations are affected by the COVID-19 pandemic and the resulting public health orders by State and Federal Governments.
Those members with staff covered by the Hospitality Industry (General) Award 2010 should note that the Award has been temporarily varied to provide employers and employees with greater scope to respond to the workforce challenges being faced.
The changes mean employers may:
- direct their full and part-time employees to work a minimum of 60% of their guaranteed hours per week or roster cycle, following consultation.
- direct employees to work across classifications.
- direct employees to take annual leave with short notice.
- agree with employees to take annual leave at half pay.
These changes take effect from 24 March 2020 and stay in effect until 30 June 2020, with the possibility of extension for a further three months.
The variation to the Hospitality Award provides as follows:
Directing full-time and part-time employees to work reduced hours
An employer can direct a full-time employee to work an average of between 22.8 and 38 ordinary working hours per week with the employee being paid on a pro-rata basis.
For part-time employees, an employer can direct them to work an average of between 60 and 100% of their guaranteed hours per week or roster cycle.
An employer must consult with affected employees beforehand (and the United Workers Union where an employee is a member) and provide employees with as much notice as practicable.
Affected employees will still accrue annual and personal/carer’s leave, together with any other Award accruals, based on their previous ordinary hours of work.
If an employee takes annual or personal leave while their hours are reduced, they are to be paid for the leave based on their previous ordinary hours of work.
Increased flexibility for employees to work across classifications
Employees can be required to perform all duties that are within their skill and competency regardless of their Award classification, provided that the duties are safe and the employee is licensed and qualified to perform them.
Arrangements for higher rates of pay when an employee is engaged on higher duties still apply.
Directing annual leave be taken with 24 hours’ notice
Subject to considering an employee’s personal circumstances, an employer can direct an employee to take annual leave with 24 hours’ notice. This does not impact on an employer and an employee agreeing to the employee taking annual leave at any time.
Agreement to take annual leave at half pay
An employer and an employee may agree to the employee taking twice as much annual leave at half the rate of pay for all or part of any period of annual leave.
The FWC’s determination varying the Award can be found here.
For help or to discuss this further, please contact our Employment Relations Specialists on (02) 9390 5255 or by email to firstname.lastname@example.org.