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Award flexibility – Hospitality and retail sectors
Introduction – AM2020/103
The Minister for Industrial Relations has expressed the Government’s view that:
‘…in the extraordinary circumstances that have been caused by the COVID pandemic that it would be in Australia’s economic best interest for the Fair Work Commission to use its powers under s.157(3)(a) of the Fair Work Act 2009 (the Act) to undertake a process to ensure several priority modern awards in sectors hardest hit by the pandemic be amended. [Focusing on] key changes that could potentially support Australia’s economic recovery.’
The awards identified by the Minister as the key awards in distressed industry sectors are:
- General Retail Industry Award 2020
- Hospitality Industry (General) Award 2020
- Restaurant Industry Award 2020
- Registered and Licenced Clubs Award 2010
Read the Minister's letter, 9 December 2020 (PDF)
As a result the Fair Work Commission proposes to commence a process on the Commission’s own motion to consider the inclusion of loaded rates and exemption rates clauses in the awards identified above.
The process will also consider whether any changes can be made to simplify the classification structures in these awards and any other changes proposed by any interested party.
A conference is listed for the Hospitality Industry (General) Award 2020, Restaurant Industry Award 2020 and Registered and Licensed Clubs Award 2020 on 4 February 2021.
A conference is listed for the General Retail Industry Award 2020 on 5 February 2021.
Any party who wishes to attend the conferences should send an email to Chambers.Ross.j@fwc.gov.au specifying a name, organisation and contact telephone number by 4pm on Tuesday, 2 February and Wednesday 3 February respectively.
Decisions & statements
| Document title | Link and reference | Date issued |
|---|---|---|
| Statement | [2020] FWC 6931 (PDF) | 21 December 2020 |
| Statement commencing process | [2020] FWC 6636 (PDF) | 10 December 2020 |
Submissions
| Submission type | Submitted by | Date of submissions | Date uploaded |
|---|---|---|---|
| Submission | Australian Government - Attorney-General's Department | 28 January 2021 | 28 January 2021 |
| Submission - Restaurant Award |
Restaurant and Catering Industrial |
27 January 2021 | 28 January 2021 |
| Submission - Clubs Award | Clubs Australia Industrial | 27 January 2021 | 27 January 2021 |
| Submission - Hospitality Award | Australian Hotels Association | 27 January 2021 | 27 Janaury 2021 |
| Submission - conference |
Pharmaceutical Guild of Australia
|
18 December 2020 | 21 December 2020 |
Notices of listing & directions
| Description | Conference or hearing date | Published date |
|---|---|---|
| Notice of listing - General Retail Award | 5 February 2021 | 5 January 2021 |
| Notice of listing - Hospitality Sector | 4 February 2021 | 5 Janaury 2021 |
| Notice of listing - General Retail Award | 18 December 2020 | 10 December 2020 |
| Notice of listing - Hospitality Sector | 17 December 2020 | 10 December 2020 |
Transcript
| Description | Date published |
|---|---|
| Transcript of conference on 18 December 2020 - Retail | 18 December 2020 |
| Transcript of conference on 17 December 2020 - Hospitality | 17 December 2020 |
Data & resources
| Party | Document description | Document date | Date published |
|---|---|---|---|
| Australian Government - Attorney-General's Department | Correspondence | 15 December 2020 | 16 December 2020 |
Background material
| Document title | Organisation/author | Document date | Date uploaded |
|---|---|---|---|
| Loaded rates (background information) | Fair Work Commission | 10 December 2020 | 10 December 2020 |
| Exemption rates (background information) | Fair Work Commission | 10 December 2020 | 10 December 2020 |
| Classification structure in the Hospitality Award | Fair Work Commission | 10 December 2020 | 10 December 2020 |
| Classification structure in the Restaurant Award | Fair Work Commission | 10 December 2020 | 10 December 2020 |
| Classification structure in the Clubs Award | Fair Work Commission | 10 December 2020 | 10 December 2020 |
| Classification structure in the Retail Award | Fair Work Commission | 10 December 2020 | 10 December 2020 |
| Enterprise agreements in the Hospitality sector | Fair Work Commission | 10 December 2020 | 10 December 2020 |
| Enterprise agreements in the Retail sector | Fair Work Commission | 10 December 2020 | 10 December 2020 |
| Information note – Retail trade | Fair Work Commission | 10 December 2020 | 10 December 2020 |
| Information note – Accommodation and food services | Fair Work Commission | 10 December 2020 | 10 December 2020 |
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Updated time
Last updated
28 January 2021
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