1
Fair Work Act 2009
s.157—Application to vary or revoke a modern award
Restaurant & Catering Industrial
(AM2021/58)
Restaurants
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT MELBOURNE, 5 JULY 2021
Industrial relations reform working groups – letter from Minister – award flexibility –
exemption rates – classification structures – Restaurant Industry Award 2020 – application
received.
[1] On 23 April 2021, RCI made an application to vary the Restaurant Award.1 The
application seeks to vary the Restaurant Award by including a new Schedule R in order to
assist employers and employees recover from the COVID-19 pandemic. The proposed
schedule includes:
A simplified classification structure
Exemption rates, and
A ‘substitute’ allowance in substitution for certain work and expense related
allowances.
[2] On 3 June 2021 we issued a Statement2 (June Statement) setting out our provisional
view that the Restaurant Award be varied in the terms set out in the draft determination at
Attachment A of the June Statement.
[3] The June Statement directed any interested party to file submissions and evidence in
response to our provisional view by 28 June, and in reply, by 2 July 2021.
[4] On 28 June 2021 we received correspondence from the United Workers’ Union
(UWU) seeking an extension to file submissions by 29 June. The extension was granted.
1 The procedural history behind this matter is summarised in the June Statement, see [1]-[12].
2 [2021] FWCFB 3222.
[2021] FWCFB 3876
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb3222.htm
https://www.fwc.gov.au/documents/sites/award-flexibility-hospitality-retail/applications/am202158-corr-uwu-fwc-280621.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb3222.htm
https://www.fwc.gov.au/documents/sites/award-flexibility-hospitality-retail/applications/am2021-58-application-rci.pdf
[2021] FWCFB 3876
2
[5] In accordance with the directions, we received the following:
correspondence from NSW Business Chamber and Australian Business Industrial;
Submission from the UWU, attaching the witness statement of Ms Angela Knox;
and
Submission in reply from Restaurant and Catering Industrial.
[6] In its correspondence, NSW Business Chamber and Australian Business Industrial
confirmed that it endorsed the proposal to vary the Restaurant Award as set out in
Attachment A to the June Statement.
[7] In the June Statement we provided access to information notes prepared by the
Commission regarding the COVID-19 situation and the Accommodation and food services
industry. Updated information notes regarding the COVID-19 situation have been published,
and an updated note regarding the Accommodation and food services will be published
concurrently with this Statement:
Information note – COVID-19 situation update
Information note – Government responses to COVID-19 pandemic
Information note – Accommodation and food services
[8] Any party who wishes to provide comments on the updated information notes is to file
short written submissions by no later than 4PM (AEST), Wednesday 7 July 2021.
[9] In the June Statement we indicated that absent a specific request for an oral hearing,
the matter would be determined on the papers. No party requested an oral hearing or indicated
that it wished to cross-examine any of the witnesses. We shall proceed to determine the matter
on the papers.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR731326
https://www.fwc.gov.au/documents/sites/award-flexibility-hospitality-retail/background/am2020103-infonote-accom-food-services-2-050721.pdf
https://www.fwc.gov.au/documents/documents/resources/covid-19-information/information-note-government-responses-covid-19-2021-07-02.pdf
https://www.fwc.gov.au/documents/documents/resources/covid-19-information/information-note-covid-19-situation-update-2021-07-02.pdf
https://www.fwc.gov.au/documents/sites/award-flexibility-hospitality-retail/submissions/am202158-sub-inreply-rci-020721.pdf
https://www.fwc.gov.au/documents/sites/award-flexibility-hospitality-retail/submissions/am202158-outline-submissions-290621.pdf
https://www.fwc.gov.au/documents/sites/award-flexibility-hospitality-retail/submissions/am202158-sub-abinswbc-290621.pdf
