MA000009 - Variation - 04 Dec 2013

MA000009  PR542129

FAIR WORK COMMISSION

DETERMINATION



Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 5,Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Modern Awards Review 2012—Award Flexibility
(AM2012/51 and others)

HOSPITALITY INDUSTRY (GENERAL) AWARD 2010
[MA000009]

Hospitality industry

SENIOR DEPUTY PRESIDENT WATSON

MELBOURNE,4 DECEMBER 2013

Modern Awards Review 2012 –Award flexibility.

A. Further to the decision issued by the Award Flexibility Full Bench on 12 November 2013 1 it is ordered that the Hospitality Industry (General) Award 2010 be varied as follows:

1. By deleting the words “Fair Work Australia”appearing in clause 2.4 and inserting “the Fair Work Commission”.

2. By deleting the words “Fair Work Australia”appearing in clause 2.5 and inserting “The Fair Work Commission”.

3. By deleting the words “Fair Work Australia”appearing in clause 2.6 and inserting “The Fair Work Commission”.

4. By deleting Note 1 appearing under the definition of appropriate level of training in clause 3.1 and inserting the following:

(Note 1:Any dispute concerning (c) above may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge,and that these are relevant to the work the employee is doing.)

5. By deleting Note 2 appearing under the definition of appropriate level of training in clause 3.1 and inserting the following:

(Note 2:The minimum classification level for an employee who has completed AQF Certificate III qualifications relevant to the classification in which they are employed and who utilises skills and knowledge derived from Certificate III competencies relevant to the work undertaken is the Level 4 rate prescribed in clause 20.1. Any dispute concerning an employee’s entitlement to be paid at Level 4 may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge derived from Certificate III competencies,and that these are relevant to the work the employee is doing.)

6. By inserting at the end of clause 7.2 the following sentence:

An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7. By inserting in clause 7.3(b) the words “at the time the agreement is made”after the words “result in the employee being better off overall”.

8. By deleting the words “four weeks’”appearing in clause 7.8(a) and inserting “13 weeks’”.

9. By inserting the following note as a new paragraph after the end of clause 7.8(b):

Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

10. By renumbering clause 7.9 as 7.10.

11. By inserting a new clause 7.9 as follows:

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

12. By deleting the words “Fair Work Australia”appearing in clause 9.2 and inserting “the Fair Work Commission”.

13. By deleting the words “Fair Work Australia”appearing in clause 9.3 and inserting “the Fair Work Commission”.

14. By deleting the words “Fair Work Australia”appearing in clause 9.4 and inserting “the Fair Work Commission”.

15. By deleting the words “Fair Work Australia”appearing in clause E.6.1 and inserting “the Fair Work Commission”.

16. By deleting the words “Fair Work Australia”wherever they appear in clause E.6.2 and inserting “the Fair Work Commission”.

17. By deleting the words “Fair Work Australia”appearing in clause G.11 and inserting “the Fair Work Commission”.

B. This determination comes into operation from 4 December 2013.

SENIOR DEPUTY PRESIDENT

 1  [2013] FWCFB 8859.

Printed by authority of the Commonwealth Government Printer

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About this document
(1)
Code:
PR542129V
Title:
MA000009 - Variation - 04 Dec 2013
Effective:
4 Dec 2013
Updated:
8 Dec 2013
(0)
MA000009 - Variation - 04 Dec 2013
Related Information
1.0.11.0 SD