[2018] FWCFB 7189


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards— Award Stage – Group 4 awards – Restaurant Industry Award— Hospitality Industry (General) Award – Substantive claims
(AM2017/57 and AM2017/57)



4 yearly review of modern awards – award stage – Restaurant Industry Award 2010 – Hospitality Industry (General) Award 2010 - substantive claims

[1] This statement is prepared to facilitate proceedings listed on 26 and 27 November 2018 dealing with the substantive claims in the Restaurant Industry Award 2010 and the Hospitality Industry (General) Award 2010.

Background paper

[2] The Commission has published a Background Paper setting out the substantive claims in respect of these awards and summarising the submissions in respect of those claims. The Background Paper also contains some other material of relevance to these proceedings and poses a number of questions to the parties.

[3] Interested parties are expected to review the Background Paper and provide any comments they wish to make during the course of the proceedings next week (see [10] below). The Full Bench intends to take the Background Paper into account in the course of finalising its decision in these matters.

Programming issues

[4] The hearing of the Restaurant claims will now commence at 10:15am on Monday 26 November 2018.

[5] Kris Bunder’s evidence will commence at 10:30am (Sydney time, video link to Port Lincoln).

[6] Francis Brailey’s evidence will commence at 11:30am (Sydney time) by telephone.

[7] At the conclusion of Mr Brailey’s evidence the hearing will adjourn until 2pm. When the hearing resumes United Voice will put its oral submissions in support of its tool allowance claims in the Restaurant and Hospitality Awards. RCI will then make oral submissions in support of its claims to vary the Restaurant Award and in reply to United Voice’s tool allowance claims. United Voice may then reply to RCI’s submissions.

[8] The hearing of the Hospitality claims will commence at 9:30am on Tuesday 27 November 2018. At the commencement of the hearing the Associations and United Voice will be invited to make a joint oral submission in support of the agreed items.

[9] The Associations (and other employer interests) will then make oral submissions in support of the contested claims. United Voice will then reply to those submissions, following which the Associations will have a right of reply.

[10] If practicable, parties are expected to raise any issues with the Background Document (comments, corrections, additions etc) during the course of their oral submissions. However, we acknowledge that it is a lengthy document and some time may be required to peruse its contents. We propose the following course:

1. The Restaurant and Hospitality matters will be listed for 2pm on Wednesday 28 November 2018 to provide a further opportunity for parties to make submissions about the Background Document.

2. Hospitality claims conciliation. It may be that some of the contested claims in relation to the Hospitality Award may be capable of resolution by conciliation. Commissioner Lee will be available to assist the parties, if requested, at 9:30am on Wednesday 28 November 218. Any request for conciliation can be made during the course of the proceedings on Tuesday 27 November. If such conciliation takes place the parties can provide a report of the outcome at the 2pm hearing that day.


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