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An application to vary the Restaurant Industry Award 2010 (the Restaurant Award) was made on 30 March 2020, with the main purpose being to retain as many employees in employment as practicably possible during this time.  This followed the government’s staged isolation measures resulting in restaurants being prevented from allowing customers to dine-in in which meant only take-away and home delivery are currently permitted. 

The Fair Work Commission made the Determination on 31 March 2020 by inserting a new temporary Schedule into the Restaurant Award. 

The changes will apply from the employee’s first full pay period on or after 31 March 2020.

Variations to the Restaurant Award include:

• 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 employer and employee may agree that the employee can take annual leave at any time);
  
  
• employees and employees 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; and a reduction in the notice period for a close down -

In these circumstances an employee can be directed to take annual leave by giving at least 1 weeks’ notice (or a shorter period can be agreed)

If the employee does not have any annual leave, it will be unpaid leave for the remainder of the close down which counts as service for entitlements under the Restaurant Award and the NES.  

The variations to the Restaurant Award will operate until 30 June 2020 however this period may be extended if necessary. 

You can read more details here – Restaurant Industry Award 2010. 

For advice on how these changes can affect your business contact a member of our Workplace Relations team.  

Audrey Mills – +61 3 6210 0057 – audrey.mills@doma.com.au

Ekaterina Skalidis – +61 3 6210 0057 – ekaterina.skalidis@doma.com.au

Craig Green – +61 3 6210 0043 – craig.green@doma.com.au
Kaela Williams – +61 3 6210 0016 – kaela.williams@doma.com.au