MA000119 - Variation - 04 Jun 2014

MA000119  PR551382

FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.604 - Appeal of decisions

Restaurant and Catering Association of Victoria
(C2013/6610)

RESTAURANT INDUSTRY AWARD 2010
[MA000119]

Restaurants

VICE PRESIDENT HATCHER
VICE PRESIDENT WATSON
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT
COMMISSIONER ROBERTS
COMMISSIONER MCKENNA

SYDNEY, 4 JUNE 2014

Appeal against decision [2013] FWC 7840 of Deputy President Gooley at Melbourne on 10 October 2013 in matter number AM2012/186 and others.

A. Further to the decision ([2014] FWCFB 1996) issued by the Full Bench of the Fair Work Commission on 14 May 2014, the Restaurant Industry Award 2010 is varied as follows:

    1. By deleting clause 34.1 and inserting the following new clauses 34.1 and 34.1A in lieu thereof:

    34.1 Penalty rates for work on weekends and public holidays

    An employee working ordinary time hours on the following days will be paid the following percentage of the minimum wage in clause 20 – Minimum wages for the relevant classification:

    Type of employment

    Monday to Friday

    Saturday

    Sunday

    Public holidays

     

    %

    %

    %

    %

    Full-time and part-time

    100

    125

    150

    250

    Casual Introductory Level,
    Level 1, Level 2
    (inclusive of 25% casual loading)

    125

    150

    150

    250

    Casual Level 3 to Level 6
    (inclusive of casual 25% loading)

    125

    150

    175

    250

    34.1A Special condition regarding existing employees

    No existing employee classified as Level 3 or above shall be moved down to pay grade Levels 1 or 2 or be discriminated against in the allocation of work as a result of the variation of clause 34.1 by the Full Bench of the Fair Work Commission in proceedings number C2013/6610.”

    2. By deleting B.2.1 and B.2.2 of Schedule B – Classification Structure and Definitions and inserting the following new B.2.1, B.2.2 and Note in Schedule B – Classification Structure and Definitions in lieu thereof:

    Schedule B – Classification Structure and Definitions

    B.2.1 Food and beverage attendant grade 1 means an employee who is engaged in any of the following:

(a) picking up glasses;

(b) general assistance to food and beverage attendants of a higher grade not including service to customers;

(c) removing food plates;

(d) setting and/or wiping down tables;

(e) cleaning and tidying of associated areas;

(f) receipt of monies.

    B.2.2 Food and beverage attendant grade 2 means an employee who has not achieved the appropriate level of training and who is engaged in any of the following:

(a) supplying, dispensing or mixing of liquor;

(b) assisting in the cellar;

(c) undertaking general waiting duties of both food and/or beverage including cleaning of tables;

(d) receipt of monies;

(e) attending a snack bar;

(f) delivery duties;

(g) taking reservations, greeting and seating guests.

    Note: Special condition regarding existing employees.

    No existing employee shall have his or her classification reduced as a result of the variation of B.2.1 and B.2.2 of this Schedule B by the Full Bench of the Fair Work Commission in proceedings number C2013/6610.”

B. The variations set out in paragraphs A1 and A2 above shall take effect on and from 1 July 2014.

VICE PRESIDENT HATCHER

Printed by authority of the Commonwealth Government Printer

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About this document
(1)
Code:
PR551382V
Title:
MA000119 - Variation - 04 Jun 2014
Effective:
4 Jun 2014
Updated:
5 Jun 2014
(0)
MA000119 - Variation - 04 Jun 2014
Related Information
1.0.11.0 SB