Temporary Changes to the Hospitality, Restaurant and Clerks Awards
Industries have been massively impacted by measures taken to slow the spread of COVID-19. Where possible, businesses are changing how they operate so that (where possible) they can keep running – and keep hold of their staff. This means that employees may be asked to do a different job to the one they have been doing, work fewer hours each week, work different hours each week, or take annual leave.
Temporary changes have been made to the Hospitality, Restaurant and Clerks Awards that take the current work situation into account. At this stage, these changes are set to run until 30 June 2020.
Here is an overview:
Hospitality and Restaurant Awards
The changes are very similar across the Hospitality and Restaurant Awards. They include:
- Employees doing different work to usual
Employers may ask employees to carry out other work that is available, if they have the right skills and qualifications. So, an employee who has been waiting tables in a café can now deliver food to clients’ homes. But they would obviously need a current driver licence and access to a car.
Note: employees will be paid at a higher rate if they are asked to do work that puts them in a higher grade.
- Fewer hours for permanent employees
Employers can ask permanent employees to work fewer hours than normal. If the employee belongs to a union, the union also needs to be involved in any discussion. Here is what fewer hours means for full-time and part-time employees:
- Full-time employees: an average of between 22.8 and 38 ordinary hours per week
- Part-time employees: 60-100% of the guaranteed hours per week/cycle.
So, an employee who was previously working 20 hours per week can now be asked to work between 12 and 20 hours per week.
Working fewer hours does not change annual leave! Leave will continue to be based on the ordinary hours that employees were working before their hours were reduced.
- Employees requested to take annual leave
Employers can ask employees to take annual leave by giving them at least 24 hours’ notice. They should also consider an employee’s personal situation. Employees can take double the amount of annual leave at half pay if their employer agrees.
Under the Restaurant Award only, if the business is closing down due to COVID-19, employers can ask employees to take annual leave by giving them at least one week’s notice. If employees don’t have enough paid leave to cover the time when the business is closed, they should take unpaid leave. The period of unpaid leave is still counted towards employees’ time in service.
For more information click on the following links:
Hospitality Award: https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/award-flexibility-during-coronavirus/hospitality-award-flexibility-during-coronavirus/default
Restaurant Award: https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/award-flexibility-during-coronavirus/restaurant-award-flexibility-during-coronavirus
Note that for these three Awards, the temporary changes may be extended beyond 30 June 2020. We’ll keep you posted on any updates.
Clerk Award
- Employees doing different work to usual
Employers may ask employees to carry out other work that is available, if they have the right skills and qualifications.
Note: employees will be paid at a higher rate if they are asked to do work that puts them in a higher grade for more than one day.
- Two-hour minimum shift when working from home
Part-time and casual employees who are working from home can now be paid for a minimum of two hours per shift, instead of three hours.
- Broader working hours for employees working from home
Employees who are working from home (and possibly juggling work with care for children and other family members) can agree with their employer to work within the following hours:
- 6 am-11 pm Monday to Friday
- 7 am-12 pm Saturday
- Fewer hours for full-time and part-time employees
Employers can ask employees in a business to reduce the number of hours they work to 75% or more of the ordinary hours they currently work (or have agreed). So, an employee who normally works 38 hours a week may now be asked to work 28.5 hours per week. But, at least 75% of employees must agree to this change in hours and various steps must be followed, including keeping unions in the loop.
Employees who have had their hours reduced can ask their employer if they can look for extra work elsewhere or have access to study leave or training.
Working fewer hours does not change annual leave! Leave will continue to be based on the ordinary hours that employees were working before their hours were reduced.
- Employees requested to take annual leave
Employers can ask employees to take annual leave by giving them at least one week’s notice. If the business is closing down due to COVID-19 and employees don’t have enough paid leave to cover the time when it is closed, they should take unpaid leave. The period of unpaid leave is still counted towards their time in service.
If the business is not closing down, employers can only ask employees to take annual leave if they still have at least two weeks’ leave left to take. They should also consider an employee’s personal situation.
Employees can take double the amount of annual leave at half pay if their employer agrees.
For more information click on the following links:
Note that for these three Awards, the temporary changes may be extended beyond 30 June 2020. We’ll keep you posted on any updates.
For more information click on the following links:
Note that for these three Awards, the temporary changes may be extended beyond 30 June 2020. We’ll keep you posted on any updates.
