DECISION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010 – substantive issues
(AM2017/57, AM2017/59)

4 yearly review of modern awards – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010 – substantive issues – outstanding matters.

[1] In a decision 1 issued on 13 December 2019 (the December 2019 Decision) we dealt with the method of calculating the hourly rate for apprentices in the Restaurant Industry Award 2010 (the Restaurant Award) and the Hospitality Industry (General) Award 2010 (the Hospitality Award) and expressed the following provisional views:

1. The method for calculating apprentice rates in the Restaurant Award and the Hospitality Award for both time and competency-based progression should be consistent.

2. The draft variation determinations should be amended to match the provisions in the current Restaurant and Hospitality Awards and the rates for both streams of apprenticeship should be calculated using the same formula:

(applicable weekly rate multiplied by applicable apprentice percentage) divided by 38

[2] Any party opposed to these provisional views was directed to file a submission setting out their position no later than 4:00 pm Friday 17 January 2020. At [19] of the December 2019 Decision we stated that if there is no opposition to our provisional views ‘we will amend and issue the variation determination accordingly.’

[3] The Australian Hotels Association and Restaurant and Catering Australia filed submissions. No party opposed the provisional views.

[4] We confirm the provisional views set out in the December 2019 Decision and will amend and issue the variation determination accordingly.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWCFB 8380