The HIGA. Hospitality Industry General Award From 1 st January Presented by Trevor Evans

Transcription

1 The HIGA Hospitality Industry General Award 2010 From 1 st January 2010 Presented by Trevor Evans 1

2 National Modern Award The HOSPITALITY INDUSTRY (GENERAL) AWARD 2010 commences from the 1 st January 2010 with the National Employment Standards (NES) replacing: Hotels, Clubs Etc. Award; Clerks (Clubs, Hotels and Motels) Award; The Boarding Houses, Guest Houses etc Award; Motels (SA) Award; and the The Federal Managers Award i.e. The Liquor and Accommodation Industry Hotels, Resorts and Gaming Managerial Staff Award 2003 (The Federal Managers Award). 2

3 5 Awards used in SA out of 50 now covered by the HIGA which consists of: 13 pre-reform Federal Awards like The Federal Managers Award; and 37 NAPSA State Awards (4 in SA) 3

4 Related Industries The Restaurant Industry Award 2010: 3 pre-reform Federal Awards; and 9 NAPSA s 2 in SA: Cafes and Restaurants Delicatessens, Canteens, Unlicensed Cafes and Restaurants Restaurant Industry means: restaurants, reception centres, night clubs, cafes and roadhouses, and includes any tea room, café and catering by a restaurant business but does not include a restaurant operated in or in connection with premises owned or operated by employers covered by any of the following awards: HIGA 2010; Registered and Licensed Clubs Award 2010; or Fast Food Industry Award

5 Amusement, Events and Recreation Award 2010 Amusement, events and recreation industry means: Leisure and recreation facilities and centres; Sporting, exhibition, convention and amusement complexes; Theme parks; Heritage, tourism and cultural centres; Museums and galleries; Animal parks and aquariums; Agricultural and horticultural shows; Carnivals and amusement parks; Ten pin bowling venues; Go-kart racing venues; and Amusement arcades, including video game and pinball parlours. 5

6 Miscellaneous Award 2010 Coverage: Subject to clauses 4.2, 4.3, 4.4 and 4.6 this award covers employers throughout Australia and their employees in the classifications listed in clause 14 Minimum wages who are not covered by any other modern award. The award does not cover those classes of employees who because of the nature or seniority of their role, have not traditionally been covered by awards including managerial employees and professional employees such as accountants and finance, marketing, legal, human resources, public relations and information technology specialists. 6

7 Miscellaneous Award 2010 The award does not cover employees: In an industry covered by a modern award who are not within a classification in that modern award; or In a class exempted by a modern award from its operation or employees in relation to those employees. The award does not cover employees excluded from award coverage by the Act. The award does not cover employees who are covered by a modern enterprise award, or an enterprise instrument, or employees in relation to those employees. 7

8 Miscellaneous Award 2010 The award does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award, or employees in relation to those employees. The award covers any employer which supplies on-hire employees in classifications set out in Schedule B and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. This subclause operates subject to the exclusions from coverage in this award. 8

9 Miscellaneous Award 2010 The award covers employers which provide group training services for apprentices and trainees under this award and those apprentices and trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award. 9

10 Miscellaneous Award 2010 Important component Does not includes managerial and professional employees Clause 4.2 The award does not cover those classes of employees who, because of the nature of their role, have not traditionally been covered by awards including managerial employees and professional employees such as accountants and finance, marketing, legal, human resources, public relations and information technology specialists. 10

11 Miscellaneous Award 2010 Employees: Not traditionally covered by awards because of the nature of their work or Their seniority including managerial employees and professional employees and Who earn less than $108,300pa and Are not already covered by an existing award (either state or federal) and therefore are currently genuinely award free are not covered by the Miscellaneous Award. 11

12 Hospitality Industry Coverage Hotels Accommodation & Resorts Wine Saloons Wine Bars Taverns Casinos Some function areas and convention centres operating in association with the above. 12

13 Hospitality Industry Coverage Plus now includes: Motor Inns & Motels Boarding Establishments Condominiums and establishments of a like nature Health and recreational Farms Private Hotels Guest Houses Serviced Apartments Caravan Parks Ski Lodges Holiday flats and units Ranches and farms Hostels 13

14 Hospitality Industry Coverage The coverage is significantly broader than was previously covered by the current Federal Award i.e.- the Hospitality Industry Accommodation, Hotels, Resorts and Gaming Award 1998 (Federal Award) the South Australian Hotels, Clubs Etc. Award (State Award). 14

15 Hospitality Industry Coverage Most significant changes: Caterers and accommodation venues (motor inns, health farms, guest houses, B&Bs etc) will now be applying the same conditions as hotels, taverns, casinos/gaming and accommodation venues. Particularly in relation to classifications and wages from 1 st January

16 Hospitality Industry Coverage i.e. 6 Level Wage Structure plus Introductory level applies by the following Streams: Food and Beverage 5 grades Kitchen 5 grades Cook, - 3 grades Kitchen Attendant Guest Services 5 grades Guest Services, - 4 grades Front Office Administration 4 Clerical grades Security 2 grades - Door Person/Security Officer and Timekeeper/Security Officer Leisure Activities 3 grades Attendant Stores 3 grades Store Person Maintenance 2 roles - Handy Person and Forklift Driver Managerial 1 role plus Salary absorption 16

17 HIGA Content The content of the HIGA is still currently being finalised by the Australian Industrial Relations Commission (AIRC) due to the following: Arbitration proceedings on Wednesday 9th December 2009 in response the AHA and LHMU applications to amend provisions as created in the Award in December National Industry Transitional Arrangements based on AIRC model provisions to be included after 15th December In addition to the above, the AHA SA joint applications with the LHMU and ASU look likely to be accepted on the provisions lodged with the submissions for a 5 year period from 1st January 2010 to 31st December 2014, when the HIGA provisions must apply. 17

18 SA Transitional Arrangements The transitional provisions from the Hotels, Clubs Etc. Award, as lodged by a joint AHA SA and LHMU SA application include: Part Time Employment 15 to 35hrs per week with 10% loading. Cooking Apprentice Wage percentages phased into HIGA rates. Junior Rates percentages phased into HIGA rates. Broken periods of work Retain 50% Casual Loading to continue as current application in place of HIGA 25% loading plus penalties. 18

19 SA Transitional Arrangements Retain Special Time Rate of 7.00pm to 7.00am Monday to Friday currently 8.3% of Level 4 Trade, instead of the HIGA rates of 7.00pm to midnight (10% of level 4 Trade) and midnight to 7.00am (15% of Level 4 Trade). Overtime rates for permanent employees to continue to apply after three (3) hours not two (2) hours in HIGA. Retain Classification Criteria for Gaming Machine Manager at F&B Level 4 who holds an approvals pursuant to the Gaming Machines Act Retain Classification Criteria for Responsible Person at F&B Level 5 who holds an approval pursuant to the Liquor Licensing Act

20 SA Transitional Arrangements The transitional provisions from the Clerks (Clubs, Hotels and Motels) Award as lodged by a joint AHA SA and ASU application include: Retain the current Wage Rate structure of five (5) levels and years of service, to be varied by Fair Work Australia Annual Wage Case Reviews, that apply during the five (5) year transition period. Retain the Clerical Classification Structure and criteria. 20

21 Comprehensive Safety Net of Minimum Employment Conditions The Act creates a strong net for Employees that cannot be stripped away, comprising of two parts: 10 National Employment Standards (NES) Modern Awards 21

22 National Employment Standards (NES) The 10 National Employment Standards will act as a Minimum safety net for all Employees whether covered by an agreement or not, including if they earn over the salary of $108,300pa. These replace the 5 Australian Fair Pay and Conditions Standards as created by WorkChoices. The 10 conditions will apply from 1 st January 2010 in conjunction with modern awards. 22

23 National Employment Standards (NES) The Standards are: Maximum 38 weekly hours of work plus reasonable additional (same as AFPC standards); The right to request flexible working hours (new standard); Parental leave and related entitlements (same as AFPC standards); Annual leave (same as AFPC standards, including shift workers entitlements) - accrual now on a weekly basis; Personal/carer s leave and compassionate leave (largely the same as AFPC standards) accrual now on a weekly basis; Community services leave new standard 23

24 National Employment Standards (NES) Long service leave (new standard); Public holidays (new standard); Notice of termination and redundancy pay (termination notice is an AFPC standard, but severance is a new standard); Provision of Fair Work Information Statement (similar to AFPC standard). 24

25 Modern Awards Will be created by AIRC from 1 st January 2010 and builds on the safety net of NES tailored to the needs of particular industry/occupation. They may include an additional 10 minimum conditions of Employment i.e.: Minimum wages; Types of employment; Arrangements for when work is performed; Overtime and penalty rates; 25

26 Modern Awards Annualised wage or salary arrangements; Allowances; Leave related matters; Superannuation; Procedures of consultation, representation, and; Dispute settlement. 26

27 Model Transitional Provisions To be inserted into every Modern Award to apply from 1 st July 2010 Clause named Commencement and Transitional The following clause has been inserted: The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment. This award contains transitional arrangements which specify when particular parts of the award come into effect. Some transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A which deal with: 27

28 Model Transitional Provisions Minimum wages and piecework rates; Casual or part-time loadings; Saturday, Sunday and Public Holiday, evening and other penalties; Shift allowances/penalties. Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. 28

29 Model Transitional Provisions Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award. Fair Work Australia may review the transitional arrangements: On its own initiative; or On application by an employer, employee, organisation or outworker entity covered by the modern award; or On application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or In relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate. 29

30 The HIGA How to get it? Go to for: Full Bench Proceedings; Modern Award. 30