Back to top
Award flexibility – Hospitality and retail sectors
Table of contents
On this page
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 | [2021] FWC 478 (PDF) | 1 February 2021 |
| 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 |
|---|---|---|---|
| Correspondence and amended draft determination - Restaurant Award | Restaurant and Catering Industry Association | 18 February 2021 | 19 February 2021 |
| Draft determination - Restaurant Award | Restaurant and Catering Industry Association | 2 February 2021 | 2 February 2021 |
| Submission and draft determination - Retail Award | Australian Business Industrial and NSW Business Chamber | 28 January 2021 | 28 January 2021 |
| Submission - Hospitality and Retail Awards | Australian Council of Trade Unions and others | 28 January 2021 | 28 January 2021 |
| Submission and draft determination - Retail Award | National Retail Association and Australian Retailers Association | 28 January 2021 | 28 January 2021 |
| Submission - Retail Award | Master Grocers Australia | 28 January 2021 | 28 January 2021 |
| Submission and draft determination - Retail Award | Australian Industry Group | 28 January 2021 | 28 January 2021 |
| 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 January 2021 |
| Submission - conference | Pharmaceutical Guild of Australia | 18 December 2020 | 21 December 2020 |
| 18 February 2021 |
Notices of listing & directions
| Description | Conference or hearing date | Published date |
|---|---|---|
| Notice of listing - Hospitality Award | 22 March 2021 | 5 March 2021 |
| Notice of listing - Hospitality Award | 4 March 2021 | 19 February 2021 |
| Notice of listing - Restaurant Award | 4 March 2021 | 19 February 2021 |
| Notice of listing - Hospitality and Restaurant Awards | 18 February 2021 | 4 February 2021 |
| Notice of listing - General Retail Award | 5 February 2021 | 5 January 2021 |
| Notice of listing - Hospitality Sector | 4 February 2021 | 5 January 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 4 March 2021 - Restaurant Award | 4 March 20201 |
| Transcript of conference on 18 February 2021 - Hospitality and Restaurant Awards | 18 February 2021 |
| Transcript of conference on 5 February 2021 - Retail Award | 5 February 2021 |
| Transcript of conference on 4 February 2021 - Hospitality Sector | 4 February 2021 |
| Transcript of conference on 18 December 2020 - Retail Award | 18 December 2020 |
| Transcript of conference on 17 December 2020 - Hospitality Sector | 17 December 2020 |
Application AM2021/7 - Retail Award from SDA, AWU and Master Grocers Australia
| Document description | Organisation | Document date | Published date |
|---|---|---|---|
| Notice of Listing - 10 and 11 March 2021 | 5 March 2021 | 5 March 2021 | |
| Directions | 5 March 2021 | 5 March 2021 | |
| Statement - [2021] FWCFB 1198 | 4 March 2021 | 4 March 2021 | |
| Submission | Australian Industry Group | 4 March 2021 | 4 March 2021 |
| Submission and draft determination | Australian Business Industrial and NSW Business Chamber | 4 March 2021 | 4 March 2021 |
| Submission | Retail and Fast Food Workers Union | 4 March 2021 | 4 March 2021 |
| Submission | Australian Retailers Association | 4 March 2021 | 4 March 2021 |
| Submission | National Retail Association | 4 March 2021 | 4 March 2021 |
| Submission | The Australian Workers' Union | 2 March 2021 | 3 March 2021 |
| Submission | Shop, Distributive and Allied Employees' Association | 2 March 2021 | 2 March 2021 |
| Submission | Australian Council of Trade Unions | 2 March 2021 | 2 March 2021 |
| Submission | Master Grocers Australia | 2 March 2021 | 2 March 2021 |
| Correspondence | Australian Business Industrial and NSW Business Chamber | 1 March 2021 | 2 March 2021 |
| Notice of Listing - 5 March 2021 | 1 March 2021 | 1 March 2021 | |
| Statement - [2021] FWC 1088 | 1 March 2021 | 1 March 2021 | |
| Application - revised | Shop Distributive and Allied Employees’ Association, The Australian Workers’ Union and Master Grocers Australia | 28 February 2021 | 1 March 2021 |
| Application | Shop Distributive and Allied Employees’ Association, The Australian Workers’ Union and Master Grocers Australia | 26 February 2021 | I March 2021 |
Correspondence
| Party | Document description | Document date | Date published |
|---|---|---|---|
| Australian Hotels Association | Information request - Hospitality Award - junior streams | 13 January 2021 | 1 February 2021 |
Hospitality Award - juniors survey
Following the conference on 4 February 2021 and further consultation with the Australian Hotels Association and United Voice the Commission had prepared a short survey which was distributed to AHA members on 11 February 2021. The purpose of the survey is to discover the number of employees who might be affected by the proposal to consolidate junior rates between the two streams of junior rates:
• Junior office employees
• Junior full-time and part-time employees (other than junior office employees).
The survey closed on 26 February 2021.
A report on the survey has been published.
Data & resources
| Party | Document description | Document date | Date published |
|---|---|---|---|
| Australian Government – Attorney-General's Department | Earnings for chefs | 26 Feburary 2021 | 1 March 2021 |
| Australian Government – Attorney-General's Department | Junior rates in the Hospitality Industry (General) Award 2020 | 26 February 2021 | 1 March 2021 |
| Australian Government – Attorney-General's Department | Correspondence - hospitality data requests | 26 Feburary 2021 | 1 March 2021 |
| Australian Government – Attorney-General's Department | Exemption provisions in award-based transitional instruments | 25 February 2021 | 26 February 2021 |
| Australian Government – Attorney-General's Department | Arbitral history of exemption provisions | 25 February 2021 | 26 February 2021 |
| Australian Government – Attorney-General's Department | Correspondence – exemption provisions | 25 February 2021 | 26 Feburary 2021 |
| Fair Work Ombudsman | Data on Hospitality and Retail | 1 February 2021 | 1 February 2021 |
| Australian Government – Attorney-General's Department | Employment and working time arrangements | 22 January 2021 | 1 February 2021 |
| Australian Government – Attorney-General's Department | Loaded rates in enterprise agreements - accompanying notes/explanatory material | 22 January 2021 | 1 February 2021 |
| Australian Government – Attorney-General's Department | Loaded rates in enterprise agreements | 22 January 2021 | 1 February 2021 |
| Australian Government - Attorney-General's Department | Correspondence | 15 December 2020 | 16 December 2020 |
Background material
| Document title | Organisation/author | Document date | Date uploaded |
|---|---|---|---|
| Information note – Retail trade – average hours worked | Fair Work Commission | 1 February 2021 | 1 February 2021 |
| Information note - Junior employees in the Hospitality Award | Fair Work Commission | 1 February 2021 | 1 February 2021 |
| 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 |
Email subscription service
Join our email subscription service to be notified when documents in this case are published.
Create an account or log in and select the Award flexibility – Hospitality and retail sectors subscription service.
Updated time
Last updated
05 March 2021
Bookmark/Search this post
