This week the Workplace Relations Sub-Committee met to discuss Workplace Relations reforms (including the Award Modernisation process). The Committee spent quite some time working on a next draft of a modern award. In addition to the next draft the Association is developing a vision of what the modernisation process should be able to achieve.
The Sub-Committee has agreed that the vision for the modern award is that :
Award coverage is able to be defined in clear statements that are consistent across the nation.
Schedules are collapsed into the Modern Award were possible.
All references in working hours, penalty rates and overtime sections of the award refer to the first five days of the working week and the sixth or seventh day (not Monday – Friday, Saturday and Sunday).
Consistent pay rates are established for each grade (at less than the maximum).
Apprentice and Training Rates are based on a combination of competency and work experience not simply time. These rates are collapsed into one set of rates.
A consistent schedule of Junior rates is established – from 17 – 21.
Part time arrangements are defined in terms of a consistent 3 – 38 hours averaged over 4 weeks and include specific provision for seasonal workers.
Arrangements for annualised salaries are included (if 25% over the award rate is paid) – without the capacity for a count back on hours worked.
A standard 20% casual rate applies.
Standard ordinary hours are defined as 38 hours per week. No time or day of the week based penalties apply.
Overtime is defined as each day stands alone, 1 ½ for the first two hours and double time after that – with no overtime for casuals.
The Association is currently drafting a submission that will reference each section of the draft award. The rationale for this submission is as follows:
These documents will need to be referred to in detail in a submission to the commission arguing for the establishment of a separate restaurant and catering modern award. It is proposed that the rationale for this submission is as follows:
· The Act requires that Modern Awards (must be simple to understand and easy to apply, and must reduce the regulatory burden on business; and together with any legislated employment standards, must provide a fair minimum safety net of enforceable terms and conditions of employment for employees; and must be in a form that is appropriate for a fair and productive workplace relations system that promotes collective enterprise bargaining but does not provide for statutory individual employment agreements; and must result in a certain, stable and sustainable modern award system for Australia).
· Restaurants and caterers are vastly different from Hotels in so far as their structures, their staffing arrangements and their operations.
· The hospitality sector is a rapidly growing sector and is part of the changing economy that is already 80% services and growing. Modern awards must eventually realize the demands of the modern world of round the clock service provision.
· Restaurants and catering businesses are small business in the main and have very few dedicated workplace relations resources. Simplicity and clarity are most important outcomes of the modernization process.
· In the pursuit of simple to understand and easy to apply awards, R&CA presents a draft modern award for restaurateurs and caterers.
· In the pursuit of the objectives of economic sustainability and efficient and productive work performance, the proposed modern ward is the status quo and does not seek to upset the careful balance of wages and conditions in the current system.
· The proposal for a draft modern award respects the differences in operational and revenue models across restaurants and the hotel / club sector. Restaurant and caterers are food businesses with significant structural and operation similarities. They have low margins and do not enjoy large profits for gaming supported by regulation in most States / Territories.
· In the interests of true modernisation the Association also presents a vision for what it believes the modernization process should achieve.