1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – Plain language re-drafting – Hospitality
Industry (General) Award 2010
(AM2016/15)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT MELBOURNE, 8 NOVEMBER 2018
4 yearly review of modern awards – Plain language re-drafting – Hospitality Industry
(General) Award 2010
[1] A decision issued on 21 May 20181 (the May 2018 decision) determined a number of
the outstanding issues in relation to the plain language redrafting of the Hospitality Industry
(General) Award 2010 (the Hospitality Award) and set out the next steps for resolving the
remaining outstanding items. Interested parties were invited to make submissions on those
outstanding issues.
[2] A decision2 issued on 3 August 2018 (the August 2018 decision) finalised the
remaining plain language re-drafting issues, save for the wording of clause 16.5 (now clause
16.6 in the further revised PLED published on 8 August 2018). In the August 2018 decision
we proposed the following amendment to what was then clause 16.5:
‘16.5 If an employee is not allowed to take an unpaid meal break in accordance with clause 16.2
during a shift of more than 6 hours, the employer must pay the employee 50% of the
employee’s ordinary hourly rate extra from the end of 6 hours after starting work until either
the employee is allowed to take the break or the shift ends.’
[3] Interested parties were invited to make submissions in relation to the proposed
amendment.
[4] No parties opposed the proposed amendment to what was then clause 16.5. We will
adopt the amended clause, the PLED will be amended accordingly.
[5] The PLED will also be amended to address the typographical errors were identified by
the Australian Hotels Association.3
1 [2018 FWCFB 2710.
2 [2018] FWCFB 4468
3 See Submission from AHA, 17 August 2018
[2018] FWCFB 6711
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/sites/awardsmodernfouryr/am201615-272-corr-aha-170818.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4468.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2018fwcfb2710.pdf
[2018] FWCFB 6711
2
Other matters
[6] As noted in the August 2018 decision4 amendments made to provisions in the plain
language exposure draft of the Restaurant Industry Award 2010 (the Restaurant PLED) may
affect the drafting of corresponding provisions in the Hospitality PLED. We now deal with
those matters.
Clause 11—Part-time employment
[7] Clause 11.2 of the Hospitality PLED was amended as a result of the decision relating
to part-time and casual employment issued on 5 July 20175 and a determination6 which was
re-drafted in plain language. In the plain language process, an amendment was made to clause
11.2 of the Restaurant PLED. For consistency between the two awards, and to more closely
reflect the existing provisions, clause 11.2 of the Hospitality PLED will be amended as
follows:
‘11.2 An employer must pay a casual employee for each ordinary hour worked a loading of
25% on top of in addition to the ordinary hourly rate.’
[8] Clause 11.5 of the Hospitality PLED contains a reference to Table 10—Overtime
rates. In the August 2018 decision7 we updated clause 10.13(b) to assist the reader to navigate
the award and for consistency with the decision in the Restaurant Award.8 For these reasons
we have decided to update the reference in clause 11.5 of the Hospitality PLED as follows:
‘11.5 An employer must pay a casual employee at the rates prescribed in clause 28.4—Overtime
rate Table 10—Overtime rates for all time worked in excess of the hours prescribed in clause
11.3.’
[9] This decision finalises the plain language re-drafting of the Hospitality Award, subject
to the determination of some substantive claims to vary the award and the finalisation of a
number of common issues affecting all, or most, modern awards. A final PLED incorporating
the changes arising from this decision and recent variations to the Hospitality Award will be
published shortly.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR701897
4 [2018] FWCFB 4468 at [80]
5 [2017] FWCFB 3541
6 PR598473
7 [2018] FWCFB 4468 at [30].
8 [2018] FWCFB 4496 at [14]-[17].
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4496.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4468.htm
https://www.fwc.gov.au/documents/awardsandorders/html/pr598473.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3541.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4468.htm
