1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – Plain language re-drafting –
Restaurant Industry Award 2010 and Hospitality Industry (General)
Award 2010
(AM2016/15, AM2014/272 & AM2014/284)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT
MELBOURNE, 22 AUGUST 2017
4 yearly review of modern awards – plain language project – Restaurant Industry Award
2010 and Hospitality Industry (General) Award 2010 – plain language re-drafting of award-
specific clauses.
[1] In this Statement we set out the next steps in the plain language project in relation to
re-drafting the Restaurant Industry Award 2010 and the Hospitality Industry (General) Award
2010, which were published on 21 and 27 April 2017 respectively.
[2] In a Statement issued on 10 May 20171 the Full Bench confirmed that interested
parties were invited to file submissions by 8 June 2017 and submissions in reply by 22 June
2017.
Restaurant Industry Award – plain language exposure draft
[3] Submissions were received from the following parties:
United Voice;
Business SA;
Australian Business Industrial and NSW Business Chamber.
[4] Submissions in reply were received from United Voice.
[5] A summary of the submissions received regarding the Restaurant Industry Award
plain language exposure draft, along with a revised plain language exposure draft with
changes tracked, will be published in conjunction with this Statement.
[6] The interested parties are requested to review the published Summary of Submissions
to ensure that their submissions are accurately characterised.
[7] The Summary of Submissions was provided to the plain language expert and drafting
comments were made in response to issues raised. Where there is no opposition by an
[2017] FWCFB 4118
STATEMENT
E AUSTRALIA FairWork Commission
[2017] FWCFB 4118
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interested party in response to an issue raised and where the plain language expert either
accepts, agrees or has no objection to the submission regarding the issue, it has been noted
and the plain language exposure draft has been provisionally revised. All other issues will be
subject to conference and final determination by the Full Bench.
[8] As a result of the drafting comments, the Full Bench seeks further submissions on a
number of issues. We set out these issues below, referring to the item number used in the
Summary of Submissions.
(i) Item 20 – clauses 23.3, 23.5 and 23.11—Annualised salary arrangements
[9] United Voice is invited to clarify their submissions. The drafting comment is that the
point being made is not clear, given that in each case the employer is required to make up the
difference and keep records for that purpose.
(ii) Item 21 – clause 24.5(a)—Special clothing allowance
[10] United Voice is invited to explain how the draft provision does not properly describe
the entitlements.
(iii) Item 28 – clause 28.4—Temporary close down
[11] Business SA is invited to provide details of their comment, in particular, by describing
the way in which the draft provision is unnecessarily long and repetitive.
[12] Parties are invited to file further information in respect of the issues outlined at
paragraphs [9], [10] and [11] by 4.00 pm on Tuesday 5 September 2017.
Hospitality Industry (General) Award – plain language exposure draft
[13] Submissions were received from the following parties:
Australian Hotels Association;
United Voice;
Business SA;
Australian Business Industrial and NSW Business Chamber.
[14] Submissions in reply were received from the following parties:
United Voice;
Australian Hotels Association.
[15] A summary of the submissions received regarding the Hospitality Industry (General)
Award plain language exposure draft, along with a revised plain language exposure draft with
changes tracked, will be published in conjunction with this Statement.
[16] The interested parties are requested to review the published summary of submissions
to ensure that their submissions are accurately characterised.
[2017] FWCFB 4118
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[17] The Summary of Submissions was provided to the plain language expert and drafting
comments were made in response to issues raised. Where there is no opposition by an
interested party in response to an issue raised and where the plain language expert either
accepts, agrees or has no objection to the submission regarding the issue, it has been noted
and the plain language exposure draft has been provisionally revised. All other issues will be
subject to conference and final determination by the Full Bench.
[18] As a result of the drafting comments, the Full Bench would like further information on
a number of issues. We set out these issues below, referring to the item number used in the
Summary of Submissions.
(i) Item 4 – clause 2—Definitions
[19] In relation to the definition of “appropriate level of training”, the Australian Hotels
Association (AHA) is invited to specify how the intention and interpretation of the current
clause has been changed by the re-drafted wording.
(ii) Items 14 and 15 – clause 11.1 (Casual employment)
[20] The AHA and Business SA are invited to explain how clause 11.1 has altered the
intention of casual employment.
(iii) Item 20 – clause 12.3 (Apprentices)
[21] The AHA and United Voice are invited to explain why clause 14.4 of the Hospitality
Industry (General) Award 2010 is preferable to clause 12.3.
(iv) Item 27 – clause 15.1(e)(ii) (Ordinary hours of work—Full-time employees)
[22] The AHA is invited to explain how the intention and interpretation of
clause 29.1(c)(ii) of the Hospitality Industry (General) Award 2010 would be altered by the
re-drafted wording.
(v) Item 30 – clause 15.2 (Ordinary hours of work—Catering in remote locations)
[23] Business SA is invited to propose a definition of “remote location”.
(vi) Item 33 – clause 16—Breaks
[24] The AHA is invited to explain how the insertion of the word “rest” is inconsistent with
plain language drafting and how it would be likely to cause confusion.
[25] The AHA is also invited to explain how clause 16.6 has altered the intent and
interpretation of the additional payment for the break not given.
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(vii) Item 43 – clauses 19.3 and 19.4 (Apprentice rates—proficiency payments—cooking
trade and waiting trade
[26] The AHA is invited to explain the basis for its concern.
(viii) Item 78 – Schedule A—Classification Structure and Definitions
[27] In relation to the definitions of “Front office” grades 1, 2 and 3 and supervisor
definitions in Schedule A.2.3, the AHA is invited to specify the material difference between
the definitions in the Hospitality Industry (General) Awards 2010 and the re-drafted
definitions.
(ix) Item 80 – Schedule A—Classification Structure and Definitions
[28] In relation to the definition of “Storeperson grade 3” definition in Schedule A.2.7, the
AHA is invited to specify the material difference between the definitions in the Hospitality
Industry (General) Awards 2010 and the re-drafted definitions.
[29] Parties are invited to file further information in respect of the issues outlined at
paragraphs [19], [20], [21], [22], [23], [24], [25], [26], [27] and [28] by 4.00 pm on Tuesday
5 September 2017.
Next Steps
[30] This Statement provides an update about the status of the plain language exposure
drafts of the Restaurant Industry Award 2010 and the Hospitality Industry (General) Award
2010. Submissions have been filed by interested parties and the plain language expert has
provided comments in relation to issues raised. A Summary of Submissions has been
published along with this Statement.
[31] The interested parties have been requested to review the published Summary to ensure
that their submissions have been accurately characterised. If parties would like amendments to
the draft summary of submissions they are invited to notify the Commission by not later than
4.00 pm, on Tuesday 5 September 2017.
[32] Parties are invited to file particular information, as set out in paragraphs [12] and [29]
of this Statement. Submissions are also invited in respect of the provisional views and
comments expressed in the summaries of submissions.
[33] Submissions, as outlined in paragraph [32] above, should be filed with the
Commission by no later than 4.00 pm Tuesday 5 September 2017.
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[34] This matter will be set down for conference before the President in Melbourne on
Tuesday 12 September 2017. If any party requests a video link to another location a request
should be made in writing to chambers.ross.j@fwc.gov.au.
PRESIDENT
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1 [2017] FWC 2579
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwc2579.htm
mailto:chambers.ross.j@fwc.gov.au
