Sharing experience & knowledge
Changes to the Hospitality Industry (General) Award 2010 as a result of COVID-19Ekaterina Skalidis Posted 21 May 2020
Changes have been made to the Hospitality Industry (General) Award 2010 (the Hospitality Award) by a Full Bench of the Fair Work Commission.
These variations take effect from 24 March 2020 by way of a new Schedule L inserted into the Hospitality Award. They are in response to the COVID-19 crisis and are to provide additional flexibility to employers and employees alike.
This flexibility relates to:
- the range of duties employees can be required to perform (including
lesser and higher duties
– provided the employee holds required licenses and is suitably qualified);
- reduction of ordinary hours of work for full time and
part time employees (this requires consultation by the employer with the
employee and their union (if a member) -
full time employees can be directed to work an average of between 22.8 to 38 ordinary hours per week with the employee being paid on a pro-rata basis; and
part-time employees can be directed to work an average of between 60%-100% of their guaranteed hours per week or an average of 60%-100% per week over their roster cycle.
employees working reduced hours will continue to accrue their paid leave based on their ordinary hours before the employer reduced the hours.
- employees being directed to take accrued annual leave
with 24 hours’ notice, subject to considering an employee’s personal
circumstances (noting that an employee and employer may agree that the employee
can take annual leave at any time);
- an employer and employee may agree that the employee may take twice the amount of annual leave at half pay, for all or part of a period of annual leave. For example, if an employee had accrued 2 weeks of annual leave, it could be taken over four weeks at half pay.
It is important to note that the variations to the Hospitality Award were consented to by all key industrial parties. The purposes of the changes are to ensure as many people as possible remain in employment during the COVID-19 crisis.
The variations to the Hospitality Award will operate until 30 June 2020, however this period may be extended if necessary.
You can read more details here – Hospitality Industry (General) Award 2010.
For advice on how these changes can affect your business contact a member of our Workplace Relations team.