Liquor and Accommodation Industry - Restaurants - Victoria Award 1998

AP787213CRV - Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998


This Fair Work Australia consolidated award incorporates all amendments up to and including 2 December 2008 (variation PR984815).

Note: This award was terminated on 21 July 2011 (see PR511797) in accordance with item 3 of Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments Act) 2009.


Clauses affected by the most recent amendment(s) are:

22. Allowances

26. Penalty rates



About this Award:
Printed by authority of the Commonwealth Government Printer.


Disclaimer:
Please note that this consolidated award is prepared by the staff of Fair Work Australia and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased from any office of Fair Work Australia.

AP787213CRV [Pre-reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996 and
Workplace Relations and Other Legislation Amendment Act 1996

application under s.113 of the Workplace Relations Act 1996
and Item 49 of Schedule 5 of the Workplace Relations
and Other Legislation Amendment Act 1996

Australian Liquor, Hospitality and Miscellaneous Workers Union
(C Nos. 31931 and 32077 of 1998)

LIQUOR AND ACCOMMODATION INDUSTRY - RESTAURANTS - VICTORIA -
AWARD 1996
(ODN C No. 20529 of 1995)
[Print M8142 [L0289]]

Various employees
Liquor and accommodation industry


VICE PRESIDENT ROSS
SYDNEY, 30 JUNE 1998


Allowable award matters.

CONSENT AWARD


A. Further to the Award Simplification Decision of the Commission issued on 23 December 1997 [Print P7500]:

1. By deleting all clauses, respondents list and alphabetical index and inserting the following in its entirety.

1. AWARD TITLE

This award shall be known as the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998.

2. ARRANGEMENT

[2 amended by PR961046 PR967589]


This award is arranged as follows:

  1. Award title
  2. Arrangement
  3. Anti-discrimination
  4. Definitions [PR924814]
  5. Date the award starts
  6. Coverage of award
  7. Who is bound by this award
  8. Relationship with other awards
  9. Index of facilitative provisions
  10. Enterprise flexibility provisions
  11. Work organisation
  12. Procedures for the avoidance of industrial disputes [PR947663]
  13. Types of employment [PR967589]
  14. Stand down of employees
  15. Redundancy [PR947663]
  16. Termination of employment [PR947663]
  17. Classifications and wage rates [PR979685]

17A. Transitional wage rates for Victoria—Application of Common rule award [PR976956]

  1. Mixed functions
  2. Supported wage system [PR961046]
  3. Payment of wages
  4. Option for annualised salary
  5. Allowances [PR984815]
  6. Hours of work [R3139]
  7. Breaks
  8. Overtime
  9. Penalty rates [PR984815]
  10. Annual leave [PR967589]
  11. Personal leave [PR967589]
  12. Parental leave [PR967589]
  13. Jury service [PR953626]
  14. Public holidays [R3139]
  15. Distant work
  16. Relationship to the national training wage interim award 1994
  17. Accident pay
  18. Clothing, equipment and tools
  19. Superannuation
  20. Posting of award
  21. Notice board

Schedule A - Respondents [PR969574]

3. ANTI-DISCRIMINATION

3.1 It is the intention of the respondents to this award to achieve the principal object in section 3(j) of the Workplace Relations Act 1996 (the Act) by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

3.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3 Nothing in this clause is to be taken to affect:

3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2 junior rates of pay, until 22 June 2000 or a later date determined by the Commission in accordance with s.143(1E) of the Act;

3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; or

3.3.4 the exemptions in sections 170CK(3) and (4) of the Act.


4. DEFINITIONS

4.1 Continuous service

4.1.1 In calculating the twelve months’ continuous service, the only absences counted as time worked are the following:

4.1.1(a) up to 152 ordinary working hours in a twelve month period because of sickness or accident;

4.1.1(b) long service leave that an employee takes under the relevant State long service leave legislation; and

4.1.1(c) annual leave.

4.1.1(d) Where a period of work is less than twelve months, the absences counted as time worked because of sickness or accident are calculated on a proportionate basis.

4.1.1(e) The following events do not break an employee’s continuous service:

4.1.1(e)(i) sick leave;

4.1.1(e)(ii) leave as the result of an accident;

4.1.1(e)(iii) leave lawfully granted by the employer; or

4.1.1(e)(iv) absence for a reasonable cause. (The employee must prove that the leave was reasonable.)

4.1.1(f) Where employees are temporarily stood down through no fault of their own, service is not to be considered to be broken.

4.1.1(g) Any other absence from work does not break continuity of service unless the employer notifies the employee within fourteen days of the employee returning to work after the absence. The employer must tell the employee in writing.

4.1.1(h) If an individual employee is absent, the employer must tell that employee by:

4.1.1(h)(i) giving the notice to him or her personally; or

4.1.1(h)(ii) posting the notice to his or her last known address.

4.1.1(i) If a number of employees are absent because of collective action, the employer may tell them all by placing a notice in the place where the employer normally places general notices to employees. The employer must also send a copy of the notice to the Union on the same day.

4.1.1(j) It will also not break an employee’s continuous service if the employer breaks or ends the employee’s service in order to avoid the employer’s obligations in respect of leave.

4.2 Appropriate level of training shall mean:

4.2.1 completion of a training course accredited by the Australian Hospitality Review Panel; deemed suitable according to guidelines issued through Tourism Training Australia for that particular classification

4.2.2 that the employee's skills have been assessed to be at least the equivalent of those attained through the suitable course described in 4.2.1, such assessment to be undertaken by a qualified skills assessor.

4.3 Apprentice

[4.3 Apprentice deleted by PR924814 ppc 11Nov02]

4.4 Double time shall mean when applicable to the ordinary hours of work on a week day, Sunday or holiday, the ordinary hourly rate payable as part of the weekly wage, and in addition a rate equal to such ordinary hourly rate.

4.5 Full pay shall mean the rate prescribed in the award for the class of work performed, without any deduction whatever.

4.6 Spread of hours shall mean the period of time elapsing from the time an employee commences duty to the time the employee ceases duty within any period of 24 hours.

4.7 Union for the purpose of this award shall mean the Australian Liquor, Hospitality and Miscellaneous Workers Union.

4.8 Week in relation to any worker means the worker's ordinary working week.

4.9 Worker or employee means any person employed by an employer to do any work for hire or reward.


5. DATE THE AWARD STARTS

This award comes into force on 30 June 1998.

6. COVERAGE OF AWARD

Subject to clause 7.1.5, this award applies to the whole of Victoria to any person employed by any restaurant, reception centre or night club bound by this award.

7. WHO IS BOUND BY THIS AWARD

7.1 This award shall be binding upon:

7.1.1 the Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and its members;

7.1.2 the Restaurant and Catering Association of Victoria and its members;

7.1.3 the Victorian Employers’ Chamber of Commerce and Industry and its members; and

7.1.4 the employers listed in schedule A in respect of the employment by them in Victoria of persons engaging in the performance of work, whether members of the union or not, to which this award applies.

7.1.5 This award does not apply to persons eligible to join the Shop, Distributive and Employees Association who are employed in all work or in connection with the preparation and sale of meals, snacks and/or beverages which are sold to the public primarily to take away, provided:

7.1.5(a) such work is carried out in shops or stores and is incidental to the primary role of selling consumer goods; or

7.1.5(b) such work is carried out in food service establishments which primarily provide a take away service and do not sell alcohol.


[Note: see the s.118A order of Senior Deputy President Williams in Print M5565].

7.2 Transmission of business

7.2.1 Where a business is before or after the date of this award, transmitted from an employer (in this clause called the transmittor) to another employer (in this clause called the transmittee) and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee then:

7.2.1(a) the continuity of the employment of the employee will be deemed not to have been broken by reason of the transmission; and

7.2.1(b) the period of employment, which the employee has had with the transmittor or any prior transmittor, will be deemed to be service of the employee with the transmittee.

7.2.2 In this clause business includes trade, process, business or occupation and includes part of any such business. Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.


8. RELATIONSHIP WITH OTHER AWARDS

This award supersedes the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1996 relating to employment in the industry covered by this award as specified in clause 6, but no right, obligation or liability accrued or incurred under such previous award will be affected.

9. INDEX OF FACILITATIVE PROVISIONS

9.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an individual employer and an employee, or the majority of employees, in the enterprise or part of the enterprise concerned.

9.2 Facilitative provisions in this award are contained in the following clauses:

Clause title
Clause number


Part-time hours of work
13.3.3
Introductory level
17.8
Payment of wages
- time of payment
20.1

- alternative method of payment
21.1.1

- fortnightly pay
20.2
Hours of work - method of prescribed hours
23
Overtime – time-off instead of payment for overtime
25.6
Annual leave – period of
27.2.2
Parental leave - variation of period
29.6


10. ENTERPRISE FLEXIBILITY PROVISIONS

(See ss.113A and 113B of the Act)

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

10.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

10.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them.

10.3 Where agreement is reached an application shall be made to the Commission.


11. WORK ORGANISATION

11.1 Employees must undertake duties as directed within the limits of their competence.

11.2 Despite the recognition of three career path streams, such streams do not prevent employees undertaking duties across different streams.


12. PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES

12.1 With regard to parties to this award, disputes between employer(s) and employee(s) shall be settled in accordance with the procedures set out below:

12.1.1 Any grievance, claim or dispute which arises shall, where possible, be settled by discussion on the job between the employee(s) concerned and employee(s) immediate supervisor.

12.1.2 If the matter is not resolved at this level, the matter will be further discussed between the affected employee(s), the Union delegate if Union membership exists, and the senior level of management appropriately available for such discussions.

12.1.3 If no agreement is reached the matter may be referred to an official of the Union and discussions will take place between the Union and the employer and or his or her representatives.

12.1.4 Should the matter still not be resolved it shall be referred to the Australian Industrial Relations Commission for resolution.

12.1.5 Whilst the foregoing procedure is being followed, work shall continue normally without bans or limitations. Where it is agreed that there is an existing custom work shall continue in accordance with that custom, but in other cases, the work shall continue in accordance with the direction of the employer. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this clause.

12.2 Redundancy disputes

[12.2 inserted by PR947663 from 08Jun04]

12.2.1 Paragraphs 12.2.2 and 12.2.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.

12.2.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information including:

  • the reasons for any proposed redundancy;
  • the number and categories of workers likely to be affected; and
  • the period over which any proposed redundancies are intended to be carried out.

12.2.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.


13. TYPES OF EMPLOYMENT

13.1 General

13.1.1 Employees under this award will be employed in one of the following categories:

13.1.1(a) full-time employees; or

13.1.1(b) regular part-time employees; or

13.1.1(c) casual employees.

13.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, regular part-time or casual.

13.2 Casual employment

13.2.1 A casual employee is an employee engaged as such.

13.2.2 A casual employee shall be paid per hour at the rate of 1/38 of the weekly rate prescribed for the class of work performed, plus 25 per cent for work Monday to Friday inclusive.

13.2.3 A casual employee shall be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed, plus 175 per cent for work on holidays prescribed in clause 31 - Public holidays.

13.2.4 The penalty rates applicable to work performed by casuals on weekends are set out in clause 26 – Penalty rates.

13.2.5 Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.

13.2.6 On each occasion a casual employee is required to attend work he or she is entitled to a minimum payment for two hours work.

13.2.7 Caring responsibilities

[13.2.7 inserted by PR967589 ppc 22Dec05]

13.2.7(a) Subject to the evidentiary and notice requirements in 28.7 and 28.8 casual employees are entitled to not be available to attend work, or to leave work:

  • if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

  • upon the death in Australia of an immediate family or household member.

13.2.7(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

13.2.7(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

13.3 Regular part-time employees

13.3.1 An employer may employ regular part-time employees in any classification in this award.

13.3.2 A regular part-time employee is an employee who:

13.3.2(a) works less than full-time hours of 38 per week; and kind of work.

13.3.2(b) has reasonably predictable hours of work; and

13.3.2(c) receives, on a pro-rata basis, equivalent pay and conditions to those of full-time employees who do the same.

13.3.3 At the time of engagement the employer and the regular part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

13.3.4 Any agreed variation to the regular pattern of work will be recorded in writing.

13.3.5 An employer is required to roster a regular part-time employee for a minimum of three consecutive hours on any shift.

13.3.6 An employee who does not meet the definition of a regular part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with 13.2.

13.3.7 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 25 - Overtime.

13.3.8 A regular part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.


14. STAND DOWN OF EMPLOYEES

14.1 An employer may deduct payment for any day or part of day on which an employee cannot be usefully employed for the following reasons:

14.1.1 a strike or unauthorised stop work meeting;

14.1.2 a breakdown of machinery;

14.1.3 rationing of power or the lack of fuel or transport;

14.1.4 the non-delivery of raw material and finished products in the Liquor Trades Industry; or

14.1.5 any cause for which the employer cannot reasonably be held responsible, but shall not apply to slackness of trade.

14.2 In respect of the above:

14.2.1 No employee shall be deemed to be a casual employee only by reason of being given intermittent work pursuant to this clause.

14.2.2 At least four hours' notice of such deduction shall be exhibited where all employees concerned shall be able to see it.

14.2.3 Service is not considered to be broken merely because employees have been temporarily stood down through no fault of their own.

14.2.4 Continuity of service is to be protected for the purpose of annual leave, holidays and sick pay as provided by this award.

14.2.5 Employees allowed or required to commence work at the usual starting time on any day shall be paid for at least four hours, and where they are called upon to attend for duty twice on any one day they shall be paid not less than a full day's pay.


15. REDUNDANCY

15.1 Definition

[15.1 substituted by PR947663 from 08Jun04]

15.1.1 Business includes trade, process, business or occupation and includes part of any such business.

15.1.2 Redundancy occurs where an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.

15.1.3 Small employer means an employer which employs fewer than 15 employees.

15.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

15.1.5 Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

  • overtime;
  • penalty rates;
  • disability allowances;
  • shift allowances;
  • special rates;
  • fares and travelling time allowances;
  • bonuses; and
  • any other ancillary payments of a like nature.

15.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

15.3 Severance pay

[15.3 substituted by PR947663 from 08Jun04]

15.3.1 Severance pay - employees other than employees of a small employer

An employee, other than an employee of a small employer as defined in 15.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and less than 5 yeas
8 weeks’ pay
5 years and less than 6 years
10 weeks’ pay
6 years and less than 7 years
11 weeks’ pay
7 years and less than 8 years
13 weeks’ pay
8 years and less than 9 years
14 weeks’ pay
9 years and less than 10 years
16 weeks’ pay
10 years and over
12 weeks’ pay

* Week’s pay is defined in 15.1.

15.3.2 Severance pay - employees of a small employer

An employee of a small employer as defined in 15.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and over
8 weeks’ pay

* Week’s pay is defined in 15.1.

15.3.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

15.3.4 Continuity of service shall be calculated in the manner prescribed by 4.1. Provided that service prior to 8 June 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 15.3.2.

15.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

15.4 Employee leaving during notice period

[15.4 substituted by PR947663 from 08Jun04]

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice set out in 16.1. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

15.5 Alternative employment

[15.5 renumbered as 15.5.1 by PR947663 from 08Jun04]

15.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

[15.5.2 inserted by PR947663 from 08Jun04]

15.5.2 This provision does not apply in circumstances involving transmission of business as set in 15.9.

15.6 Job search entitlement

[15.6 Time-off during notice period title changed by PR947663 from 08Jun04]

[15.6.1 substituted by PR947663 from 08Jun04]

15.6.1 During the period of notice of termination given by the employer in accordance with 16.1 an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

15.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

[15.6.3 inserted by PR947663 from 08Jun04]

15.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 16.3.

15.7 Superannuation benefits

[15.7 deleted by PR947663 from 08Jun04]

15.7 Employees exempted

[new 15.7 inserted by PR947663 from 08Jun04]

15.7.1 This clause does not apply to:

  • employees terminated as a consequence of serious misconduct that justifies dismissal without notice, including inefficiency within the first twenty eight days, neglect of duty or misconduct;
  • probationary employees;
  • apprentices;
  • trainees;
  • employees engaged for a specific period of time or for a specified task or tasks; or
  • casual employees.

15.7.2 Notwithstanding the foregoing provisions trainees who are engaged for a specific period of time shall, once the traineeship is completed and provided that the trainee services are retained, have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of his or her traineeship and is re-engaged by the same employer within six months of such termination the period of traineeship shall be counted as service in determining any future redundancy entitlements.


15.8 Employees exempted

[15.8 deleted by PR947663 from 08Jun04]

15.8 Incapacity to pay

[new 15.8 inserted by PR947663 from 08Jun04]

The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.

15.9 Employers exempted

[15.9 deleted by PR947663 from 08Jun04]

15.9 Transmission of business

[new 15.9 inserted by PR947663 from 08Jun04]

15.9.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

15.9.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

15.9.1(b) Where the employee rejects an offer of employment with the transmittee:

  • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

  • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

15.9.2 The Commission may vary 15.9.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

15.10 Incapacity to pay

[15.10 deleted by PR947663 from 08Jun04]


16. TERMINATION OF EMPLOYMENT

16.1 Notice of termination by employer

16.1.1 In order to terminate the employment of a full-time or regular part-time employee the employer shall give to the employee the period of notice specified in the table below:

Period of continuous service
Period of notice


1 year or less
1 week
Over 1 year and up to the completion of 3 years
2 weeks
Over 3 years and up to the completion of 5 years
3 weeks
Over 5 years of completed service
4 weeks

16.1.2 In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

16.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

[16.1.4 substituted by PR947663 from 08Jun04]

16.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

16.1.4(a) the employee’s ordinary hours of work (even if not standard hours); and

16.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

16.1.4(c) any other amounts payable under the employee’s contract of employment.

[16.1.5 substituted by PR947663 from 08Jun04]

16.1.5 The period of notice in this clause does not apply:

16.1.5(a) in the case of dismissal for serious misconduct;

16.1.5(b) to apprentices;

16.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

16.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

16.1.5(e) to casual employees.

16.1.6 Notwithstanding the foregoing provisions trainees who are engaged for a specific period of time shall once the traineeship is completed and provided that the trainees’ services are retained have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of his or her traineeship and is re-engaged by the same employer within six months of such termination the period of traineeship shall be counted as service in determining any future termination.

16.1.7 Continuous service is defined in clause 4 – Definitions.

16.2 Notice of termination by an employee

16.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

[16.2.2 substituted by PR947663 from 08Jun04]

16.2.2 If an employee fails to give the notice set out in 16.1 then the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 16.1.4.

16.3 Job search entitlement

[16.3 from Time-off during notice period title changed by PR947663 from 08Jun04]

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time-off without loss of pay for the purpose of seeking other employment. The time-off shall be taken at times that are convenient to the employee after consultation with the employer.

16.4 Transmission of business

[16.4 inserted by PR947663 from 08Jun04]

Where a business is transmitted from one employer to another, as set out in clause 15 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.


17. CLASSIFICATIONS AND WAGE RATES

17.1 Food and Beverage

17.1.1 Food and Beverage Attendant Grade 1 means an employee who is engaged in any of the following:

17.1.1(a) picking up glasses;

17.1.1(b) emptying ashtrays;

17.1.1(c) general assistance to Food and Beverage Attendants of a higher grade not including service to customers;

17.1.1(d) removing food plates;

17.1.1(e) setting and/or wiping down tables;

17.1.1(f) cleaning and tidying of associated areas.

17.1.2 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:

17.1.2(a) supplying dispensing or mixing of liquor including the sale of liquor from the bottle department;

17.1.2(b) assisting in the cellar or bottle department;

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

17.1.2(d) receipt of moneys;

17.1.2(e) attending a snack bar;

17.1.2(f) engaged on delivery duties.

17.1.3 Food and Beverage Attendant Grade 3 means an employee who has the appropriate level of training and is engaged in any of the following:

17.1.3(a) supplying, dispensing or mixing of liquor including the sale of liquor from the bottle department;

17.1.3(b) assisting in the cellar or bottle department where duties could include working up to four hours per day (averaged over the relevant work cycle) in the cellar without supervision;

17.1.3(c) undertaking general waiting duties of both food and liquor including cleaning of tables;

17.1.3(d) receipt of moneys;

17.1.3(e) assisting in the training and supervision of Food and Beverage Attendants of a lower grade;

17.1.3(f) engaged on delivery duties;

17.1.3(g) an employee who is a Food and Beverage Attendant Grade 2 who is involved in the operation of a mechanical lifting device or attending a TAB terminal.

and/or means an employee who is engaged in any of the following:

17.1.3(h) full control of a cellar or liquor store (including the receipt, delivery and recording of goods within such an area);

17.1.3(i) mixing a range of sophisticated drinks;

17.1.3(j) taking reservations, greeting and seating guests;

17.1.3(k) supervising Food and Beverage Attendants of a lower grade;

17.1.3(l) training food and beverage attendants of a lower grade;

17.1.4 Food and Beverage Attendant (Tradesperson) Grade 4 means an employee who has completed an apprenticeship in waiting or who has passed the appropriate trade test and as such carries out specialised skilled duties in a fine dining room or restaurant.

17.1.5 Food and Beverage Supervisor means an employee who has the appropriate level of training including a supervisory course and who has the responsibility for supervision, training and co-ordination of food and beverage staff, or stock control for a bar or series of bars.

17.2 Kitchen

17.2.1 Kitchen Attendant Grade 1 means an employee engaged in any of the following:

17.2.1(a) general cleaning duties within a kitchen or food preparation area and scullery, including the cleaning of cooking and general utensils used in a kitchen and restaurant;

17.2.1(b) assisting employees who are cooking;

17.2.1(c) assembly and preparation of ingredients for cooking;

17.2.1(d) general pantry duties.

17.2.2 Kitchen Attendant Grade 2 means an employee who has the appropriate level of training, and who is engaged in specialised non-cooking duties in a kitchen or food preparation area, or supervision of Kitchen Attendants.

17.2.3 Kitchen Attendant Grade 3 means an employee who has the appropriate level of training including a supervisory course, and has the responsibility for the supervision, training and co-ordination of kitchen attendants of a lower grade.

17.2.4 Cook Grade 1 means an employee who carries out cooking of breakfasts and snacks, baking, pastry cooking or butchering.

17.2.5 Cook Grade 2 means an employee who has the appropriate level of training and who performs cooking duties such as baking, pastry cooking or butchering.

17.2.6 Cook (Tradesperson) Grade 3 means a Commi Chef or equivalent who has completed an apprenticeship or who has passed the appropriate trade test, and who is engaged in cooking, baking, pastry cooking or butchering duties.

17.2.7 Cook (Tradesperson) Grade 4 means a Demi Chef or equivalent who has completed an apprenticeship or has passed the appropriate trade test and who is engaged to perform general or specialised cooking, butchering, baking or pastry cooking duties and/or supervises and trains other cooks and kitchen employees.

17.2.8 Cook (Tradesperson) Grade 5 means a Chef de Partie or equivalent who has completed an apprenticeship or has passed the appropriate trade test in cooking, butchering or pastry cooking and has completed additional appropriate training who performs any of the following:

17.2.8(a) general and specialised duties including supervision or training of other kitchen staff;

17.2.8(b) ordering and stock control;

17.2.8(c) solely responsible for other cooks and other kitchen employees in a single kitchen establishment.

17.3 Administrative and general

17.3.1 Clerical grade 1 means an employee who is required to perform basic clerical and routine office duties such as collating, filing, photocopying, and delivering messages.

17.3.2 Clerical grade 2 means an employee who is engaged in general clerical or office duties, such as typing, filing, basic data entry and calculating functions.

17.3.3 Clerical grade 3 means an employee who has the appropriate level of training and who performs any of the following:

17.3.3(a) operates adding machines, switchboard, paging system, telex machine, typewriter and calculator;

17.3.3(b) uses knowledge of keyboard and function keys to enter and retrieve data through computer terminal;

17.3.3(c) copy types at 25 words per minute with 98 per cent accuracy;

17.3.3(d) maintains mail register and records;

17.3.3(e) maintains established paper-based filing/records systems in accordance with set procedures including creating and indexing new files, distributing files within the organisation as requested, monitoring file locations;

17.3.3(f) transcribes information into records, completes forms, takes telephone messages;

17.3.3(g) acquires and applies a working knowledge of office or sectional operating procedures and requirements;

17.3.3(h) acquires and applies a working knowledge of the organisation's structure and personnel in order to deal with inquiries at first instance, locates appropriate staff in different sections, relays internal information, responds to or redirects inquiries, greets visitors;

17.3.3(i) keeps appropriate records;

17.3.3(j) sorts, processes and records original source financial documents (e.g. invoices, cheques, correspondence) on a daily basis, maintains and records petty cash; prepares bank deposits and withdrawal and does banking;

and who has the appropriate level of training and also performs any of the following:

17.3.3(k) operates computerised radio telephone equipment, micro/personal computer, printing devices attached to personal computer, dictaphone equipment, typewriters;

17.3.3(l) produces documents and correspondence using knowledge of standard formats, touch types at 40 words per minute with 98 per cent accuracy, audio types;

17.3.3(m) uses one or more software application package(s) developed for a micro/personal computer to operate and populate a database, spreadsheet/worksheet to achieve a desired result; graph previously prepared spreadsheet; use simple menu utilities of personal computer;

17.3.3(n) follows standard procedures or template for the preceding functions using existing models/fields of information. Creates and maintains and generates simple reports;

17.3.3(o) uses a central computer resource to an equivalent standard;

17.3.3(p) uses one or more software packages to create, format, edit, proof read, spell check, correct, print and save text documents, e.g. standard correspondence and business;

17.3.3(q) takes shorthand notes at 70 wpm and transcribed with 95 per cent accuracy;

17.3.3(r) arranges travel bookings and itineraries, makes appointments, screens telephone calls, follows visitors protocol procedures, establishes telephone contact on behalf of executive;

17.3.3(s) applies a working knowledge of the organisation's products/services, functions, locations and clients;

17.3.3(t) responds to and acts upon most internal/external inquiries in own function area;

17.3.3(u) uses and maintains a computer-based record management system to identify, access and extract information from internal sources, maintains circulation, indexing and filing systems for publications, reviews files, closes files, archives files;

17.3.3(v) maintains financial records and journals, collects and prepares time and wage records, prepares accounts queries from debtors, posts transactions to ledger.

17.3.4 Clerical supervisor means an employee who has the appropriate level of training including a supervisory course and who co-ordinates other clerical staff.

17.4 Stores

17.4.1 Storesperson grade 1 means an employee who receives and stores general and perishable goods and cleans the store area.

17.4.2 Storesperson grade 2 means an employee who, in addition to the duties for a storeperson grade 1, may also operate mechanical lifting equipment such as a fork-lift and/or who may perform duties of more complex nature.

17.4.3 Storesperson grade 3 means an employee who has the appropriate level of training and who:

17.4.3(a) implements quality control techniques and procedures; and

17.4.3(b) understands and is responsible for a stores/warehouse area or a large section of such an area; and

17.4.3(c) has a highly developed level of interpersonal and communication skills; and

17.4.3(d) is able to supervise and provide direction and guidance to other employees including the ability to assist in the provision of on-the-job training and induction; and

17.4.3(e) exercises discretion within the scope of this grade; and

17.4.3(f) may exercise skills attained through the successful completion of an appropriate warehousing certificate;

and may perform indicative tasks at this level such as:

17.4.3(g) liaising with management, suppliers and customers with respect to stores operations; detailing and co-ordinating activities of other storepersons and acting in a leading hand capacity for in excess of ten storepersons

17.4.3(h) maintaining control registers including inventory control and being responsible for preparation and reconciliation of regular reports or stock movements, despatches, etc;

17.4.3(i) supervises the receipt and delivery of goods, records, outgoing goods, responsible for the contents of a store.

17.5 Security

17.5.1 Doorperson/security officer grade 1 means a person who assists in maintenance of dress standards and good order at an establishment.

17.5.2 Timekeeper/security officer grade 2 means a person who is responsible for timekeeping of staff, for the security of keys, for the checking in and out of delivery vehicles and/or for the supervision of doorperson/security officer grade 1 personnel.

17.6 Handyperson means a person who is not a tradesperson and whose duties include the performance of routine repair work and maintenance in and about the employer's premises.

17.7 Persons not otherwise provided for means any employee for which no specific classification exists in this award.

17.8 Introductory level

17.8.1 Introductory level means a worker who enters the industry and is unable to meet the competency requirements of Level 1. Such an employee will remain in this level for a maximum of three months. Provided that an additional three months may be served at this level by mutual agreement between the employer and the employee, and the union where such employee is a union member. Further, if any disagreement arises from this provision it shall be determined in accordance with the dispute settling clause of this award.

17.9 An adult employee must be paid no less than the total weekly rate per week shown in the table below.

17.9.1 Wage rates per week of 38 hours

[17.9.1 substituted by R5460 S7816 PR904464 PR918820; corrected by PR976942 substituted by PR932019; corrected by PR976949; substituted by PR947872; corrected by PR976954; substituted by PR961046 ppc 08Jul05; corrected by PR976956 ppc 08Jul05 (ppc 01Aug05 for Victorian employers bound to apply the terms of this award by PR952644)]

Classification
Award Rate Per Week

$


Introductory level
484.40


Level 1:
501.10
Food and beverage attendant grade 1

Kitchen attendant grade 1

Person not otherwise provided for



Level 2:
526.20
Food and beverage attendant grade 2

Cook grade 1

Kitchen attendant grade 2

Clerical grade 1

Storeperson grade 1

Door person/security officer grade 1



Level 3:
544.50
Food and beverage attendant grade 3

Cook grade 2

Kitchen attendant grade 3

Clerical grade 2

Storeperson grade 2

Timekeeper/security officer grade 2

Handyperson



Level 4:
578.20
Food and beverage attendant grade 4 (tradesperson)

Cook grade 3 (tradesperson)

Clerical grade 3

Storeperson grade 3



Level 5:
619.90
Food and beverage supervisor

Cook grade 4 (tradesperson)

Clerical supervisor



Level 6:
638.80
Cook grade 5 (tradesperson)

17.10 Arbitrated safety net adjustment

[17.10 substituted by R5460 S7816 PR904464 PR918820 PR932019 PR947872; PR961046 ppc 08Jul05 (ppc 01Aug05 for Victorian employers bound to apply the terms of this award by PR952644)]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

17.11 Apprentices

17.11.1 Cooking trade

[17.11.1 substituted by R5460 S7816 PR904464 PR918820 PR932019 PR947872; PR961046 ppc 08Jul05 (ppc 01Aug05 for Victorian employers bound to apply the terms of this award by PR952644)]


Percentage of the rate prescribed in 17.9.1 for a Cook grade 3
Wages per week

%
$



1st year
55
318.01
2nd year
65
375.83
3rd year
80
462.56
4th year
95
549.29

17.11.2 Proficiency pay

17.11.2(a) Application

Proficiency pay as set out in this clause shall apply to apprentices who have successfully completed their schooling in a given year.

17.11.2(b) Payments

Apprentices shall receive the rate of pay of a qualified cook during the latter half of the fourth year of the apprenticeship where the standards of proficiency has been attained on one, two or three occasions on the following basis:

17.11.2(b)(i) On one occasion only

  • the first nine months of the fourth year of the normal fourth year rate of pay;

  • thereafter, the qualified cook’s award rate of pay.

17.11.2(b)(ii) On two occasions

  • for the first six months of the fourth year of apprenticeship, the normal year rate of pay;

  • thereafter, the qualified cook’s award rate of pay.

17.11.2(b)(iii) On three occasions

  • for the entire fourth year, the qualified cook’s award rate of pay.

17.11.3 Waiting trade

[17.11.3 deleted by R3139 ppc 30Jun98]

17.11.4 Proficiency pay

[17.11.4 deleted by R3139 ppc 30Jun98]

17.11.5 Scope of the Apprenticeship Clause

[17.11.5 inserted by PR924814 ppc 11Nov02]

17.11.5(a) This clause shall apply to apprentices.

17.11.5(b) An apprentice is an employee who is engaged under a Training Contract registered by the relevant State or Territory Training Authority, where the qualification outcome specified in the Training Agreement is a relevant qualification from a Training Package endorsed by the National Training Quality Council, or successor organisation.

17.11.5(c) For the purpose of this sub-clause a `relevant qualification' is a qualification:

(i) from a National Training Package that covers occupations or work which are covered by this award, or is a qualification from an enterprise Training Package listed in this award; and

(ii) at Australian Qualifications Framework Certificate Level III [or at Level IV where applicable] except where the qualification can normally be completed through a Training Agreement of a duration of two years or less (note: such qualifications would generally be covered by traineeship provisions).

17.11.5(d) An apprentice shall also include an employee who is engaged under a Training Agreement or Contract of Training for an apprenticeship declared or recognised by the relevant State or Territory Training Authority.

17.11.6 School based apprentices

[17.11.6 inserted by PR924814 ppc 11Nov02]

17.11.6(a) This clause shall apply to school based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this clause while also undertaking a course of secondary education.

17.11.6(b) Wage Rate

17.11.6(b)(i) The hourly rates for full-time junior and adult apprentices as set out in this award shall apply to school based apprentices for total hours worked including time deemed to be spent in off-the-job training.

17.11.6(b)(ii) The time spent in off-the-job training for which the school-based apprentice is paid is deemed to be 25 per cent of the actual hours worked each week worked on the job. The wages paid for training time may be averaged over a semester or year.

17.11.6(c) Off-the-job Training

17.11.6(c)(i) The school-based apprentice shall be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

17.11.6(c)(ii) For the purposes of this sub-clause, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

17.11.6(d) Duration of Apprenticeship

17.11.6(d)(i) The duration of the apprenticeship shall be as specified in the training agreement or contract for each apprentice. The period so specified to which the apprentice wage rates apply shall not exceed five years.

17.11.6(e) Progression Through The Wage Structure

17.11.6(e)(i) School based apprentices shall progress through the wage scale at the rate of 12 months progression for each two years of employment as an apprentice in years 11 and 12.

17.11.6(e)(ii) These rates are based on a standard full-time apprenticeship of four years. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school based apprentice undertaking the applicable apprenticeship.

17.11.6(f) Conversion from a school based to full time apprenticeship

17.11.6(f)(i) Where an apprentice converts from school based to full-time, all time spent as a full-time apprentice shall count for the purposes of progression through the wage scale. This progression shall apply in addition to the progression achieved as a school-based apprentice.

17.11.6(f)(ii) Except as provided in this clause or where otherwise stated, school-based apprentices shall be entitled pro-rata to all of the conditions of employees under this Award.

17.11.7 Relevant Training Qualifications

[17.11.7 inserted by PR924814 ppc 11Nov03]

Subject to further orders of the Commission, school-based apprentices will be able to undertake a relevant training qualification which includes any of the following training packages:

National Code
Qualification name
THH51297
Diploma of Hospitality (Management)


Hospitality Operations

National Code
Qualification name
THH32797
Certificate III in Hospitality (Food and Beverage)
THH32897
Certificate III in Hospitality (Accommodation Services)


Kitchen/Cookery/Catering

National Code
Qualification name
THH31597
Certificate III in Hospitality (Commercial Cookery)
THH31697
Certificate III in Hospitality (Patisserie)
THH32097
Certificate III in Hospitality (Asian Cookery – Chinese)
THH32197
Certificate III in Hospitality (Asian Cookery – Thai)
THH32297
Certificate III in Hospitality (Asian Cookery – Indian)
THH32397
Certificate III in Hospitality (Asian Cookery – Indonesian)
THH32497
Certificate III in Hospitality (Asian Cookery – Malay and Nonya)


THH32597
Certificate III in Hospitality (Asian Cookery – Japanese)
THH32697
Certificate III in Hospitality (Asian Cookery – Vietnamese)
THH32997
Certificate III in Hospitality (Catering Operations).


In their training, school-based apprentices will follow compulsory and elective units as specified in the endorsed training package.

17.11.8 Hours of engagement-school based apprentices.

[17.11.8 inserted by PR924814 ppc 11Nov03]

17.11.8 (a) No school-based apprentice under the age of 18 years will be required to work overtime or shift work unless they agree. No school-based apprentice will, except in emergency, work or be required to work overtime or shift work at times which would prevent their attendance in training consistent with the contract or training agreement

17.12 Juniors

17.12.1 Wages per week of 38 hours

17.12.1(a) The minimum rate of wages for junior employees shall be the undermentioned percentages of the rate prescribed for the adult classification appropriate to the work performed for the area in which the employee is working.

Age
Percentage


17 years and under
60
18 years of age
70
19 years of age
85
20 years of age
100

17.12.1(b) The wage shall be calculated to the nearest ten cents. Any broken part of ten cents in the result not exceeding five cents to be disregarded.

17.12.2 Other conditions

17.12.2(a) Junior employees, on reaching the age of eighteen years, may be employed in the bar or other places where liquor is sold. However, where a junior is employed the adult award rate for the work being performed must be paid; and

17.12.2(b) An employer may at any time demand the production of a birth certificate or other satisfactory proof for the purpose of ascertaining the correct age of a junior employee. If a birth certificate is required, the cost of it must be borne by the employer.

17.12.2(c) An employee under the age of eighteen years must not be required to work more than ten hours in a shift.

17A. TRANSITIONAL WAGE RATES FOR VICTORIA—APPLICATION OF COMMON RULE AWARD

[17A inserted by PR961046 ppc 08Jul05 corrected by PR976956 ppc 08Jul05]

17A.1This award contains the following transitional rates of pay and allowances for employers in the state of Victoria who were previously not bound by this award, but are now subject to the award by virtue of the award having been declared a common rule under s.141 of the Workplace Relations Act 1996.

17A.2These rates of pay and allowances shall not apply after the beginning of the first pay period commencing on or after 1 August 2005.

17A.3Wage rates per week of 38 hours (clause 17.9.1)

Classification
Award rate per week

$
Introductory level
467.40


Level 1:
484.10
Food and beverage attendant grade 1

Kitchen attendant grade 1

Person not otherwise provided for



Level 2:
509.20
Food and beverage attendant grade 2

Cook grade 1

Kitchen attendant grade 2

Clerical grade 1

Storeperson grade 1

Door person/security officer grade 1



Level 3:
527.50
Food and beverage attendant grade 3

Cook grade 2

Kitchen attendant grade 3

Clerical grade 2

Storeperson grade 2

Timekeeper/security officer grade 2

Handyperson



Level 4:
561.20
Food and beverage attendant grade 4 (tradesperson)

Cook grade 3 (tradesperson)

Clerical grade 3

Storeperson grade 3



Level 5:
602.90
Food and beverage supervisor

Cook grade 4 (tradesperson)

Clerical supervisor



Level 6:
621.80
Cook grade 5 (tradesperson)

17A.3.2 Apprentices - cooking trade (clause 17.11.1)


Percentage of the rate prescribed in 17.9.1 for a Cook grade 3
Wages per week

%
$



1st year
55
308.66
2nd year
65
364.78
3rd year
80
448.96
4th year
95
533.14

17A.4Supported wage system (clauses 19.3.2 and 19.9.3)

17A.4.1 Provided that the minimum amount payable will be not less than $60.00 per week.

17A.4.2 The minimum amount payable to the employee during the trial period will be no less than $60.00 per week.

17A.5Allowances

17A.5.1 Meal allowance (clause 22.1)

17A.5.1(a) A weekly or part-time employee required to work overtime for more than two hours without being notified on the previous day or earlier that the employee will be so required to work shall be supplied with a meal by the employer or paid $8.35 meal money.

17A.5.1(b) If an employee pursuant to notice has provided a meal and is not required to work overtime or is required to work less than the amount advised, the employee shall be paid as above prescribed for the meal which the employee has provided but which is surplus.

17A.5.2 Split shift allowance (clause 22.2)

17A.5.2(a) Weekly employees who have a broken work day shall receive an additional allowance of $3.37 for each work period of two hours or more, for a spread of hours as prescribed in clause 23 - Hours of work.

17A.5.3 Work done outside the hours of 7.00 a.m. to 7.00 p.m. on Monday to Friday (clause 26.3)

17A.5.3(a) An employee, including a casual, who is required to work any of their ordinary hours between the hours of 7.00 p.m. and midnight Monday to Friday inclusive shall be paid an additional $1.41 per hour or any part of an hour for such time worked within the said hours with a minimum payment of $2.13 for any one day and a maximum daily payment of three hours.

17A.5.3(b) An employee, including a casual, who is required to work any of their ordinary hours between midnight and 7.00 a.m. Monday to Friday inclusive shall be paid an additional $2.02 per hour or part of an hour for such time worked within the said hours with a minimum payment of $2.13 for any one day and a maximum daily payment of three hours. For the purposes of this clause midnight shall include midnight Sunday.


18. MIXED FUNCTIONS

18.1 Any employee who is employed for two or more hours of one day on duties carrying a higher rate than the employee's ordinary classification shall be paid the higher rate for each day.

18.2 If the employee engaged for less than two hours on one day on duties carrying a higher rate than his or her ordinary classification shall be paid at the higher rate for the time so worked.

18.3 A higher paid employee shall, when necessary, temporarily relieve a lower paid employee without loss of pay.


19. SUPPORTED WAGE SYSTEM

[19 varied by PR911661; Supported wages system for employees with disabilities, title changed and substituted by PR932019 ppc 11Jun03]

19.1 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this agreement/award. In the context of this clause, the following definitions will apply:

19.1.1 Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

19.1.2 Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system.

19.1.3 Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

19.1.4 Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

19.2 Eligibility criteria

19.2.1 Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this agreement/award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

19.2.2 This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this agreement/award relating to the rehabilitation of employees who are injured in the course of their employment.

19.2.3 This clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act, or if a part only has received recognition, that part.

19.3 Supported wage rates

19.3.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award/agreement for the class of work which the person is performing according to the following schedule:

Assessed capacity
Prescribed award rate
(clause 19.4)

10%*
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%

[19.3.2 varied by PR947872; PR961046 ppc 08Jul05 (ppc 01Aug05 for Victorian employers bound to apply the terms of this award by PR952644)]

19.3.2 Provided that the minimum amount payable shall be not less than $61 per week.

19.3.3 * Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.

19.4 Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award/agreement, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:

19.4.1 The employer and a union party to the award/agreement, in consultation with the employee or, if desired by any of these;

19.4.2 The employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

19.5 Lodgment of assessment instrument

19.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

19.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award/agreement, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

19.6 Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the supported wage system.

19.7 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award/agreement paid on a pro rata basis.

19.8 Workplace adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

19.9 Trial period

19.9.1 In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

19.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

[19.9.3 varied by PR947872; PR961046 ppc 08Jul05 (ppc 01Aug05 for Victorian employers bound to apply the terms of this award by PR952644)]

19.9.3 The minimum amount payable to the employee during the trial period shall be no less than $61 per week.

19.9.4 Work trials should include induction or training as appropriate to the job being trialled.

19.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 19.4 hereof.


20. PAYMENT OF WAGES

20.1 Except upon the termination of employment all wages including overtime must be paid on any day other than Friday, Saturday or Sunday in each week. However, by agreement between the employer and the majority of employees in the workplace, in a week where a holiday occurs payment of wages may be made on Friday.

20.2 By agreement between the employer and the employee wages may be paid either weekly or fortnightly by one of the following means:

20.2.1 cash;

20.2.2 cheque; and

20.2.3 payment into employee’s bank account by electronic funds transfer, without cost to the employee.

20.3 However, an employer may pay an employee weekly by cash without consultation.

20.4 Employees who are paid their wages at any time other than during their working time, must, if kept waiting more than fifteen minutes, be paid overtime rates for all such waiting time.

20.5 Employees whose rostered day off falls on pay day must be paid their wages, if they so desire, before going off duty on the working day prior to their day off. Provided that this provision shall not apply to employees paid by electronic funds transfer.

20.6 When notice of termination of employment has been given by an employee or an employee’s services have been terminated by an employer, payment of all wages due must be made during working time, prior to the employee leaving their employment. If an employee is kept waiting for more than fifteen minutes after the termination of their employment they must be paid overtime rates for such waiting time.

20.7 Where an employee is dismissed for misconduct he or she must be paid within one hour of their dismissal or as soon as practicable thereafter.


21. OPTION FOR ANNUALISED SALARY

21.1 Alternative method of payment - annual salary

21.1.1 As an alternative to being paid by the week by agreement between the employer and employee, an employee can be paid at a rate equivalent to an annual salary of at least twenty five per cent or more above the rate prescribed in clause 17 - Classification and wage rates, times 52 for the work being performed. In such cases, there is no requirement under clauses 22.2 - Split shift allowance, 26.3 - Work done outside the hours of 7.00 a.m. to 7.00 p.m. on Monday to Friday, 25 - Overtime and 26.1 - Weekend work to pay overtime and penalty rates. In addition to the weekly wage, provided that the salary paid over a year was sufficient to cover what the employee would have been entitled if all award overtime and penalty rate payment obligations had been complied with.

21.1.2 Provided further that in the event of termination of employment prior to completion of a year, the salary paid during such period of employment shall be sufficient to cover what the employee would have been entitled to if all award overtime and penalty rate payment obligations had been complied with.

21.1.3 An employee being paid according to this clause shall be entitled to a minimum of eight days off per four week cycle. Further, if an employee covered by this clause is required to work on a public holiday, such employee shall be entitled to a day off in lieu or a day added to the annual leave entitlement.

21.1.4 The employer shall keep all records relating to the starting and finishing times of employees to whom this clause applies. This record shall be signed weekly by the employee. This is to enable the employer to carry out a reconciliation at the end of each year comparing the employees ordinary wage under this award and the actual payment. Where such a comparison reveals a shortfall in the employees wages, then the employee shall be paid the difference between the wages earned under the award and the actual amount paid.


22. ALLOWANCES

22.1 Meal allowance

[22.1.1 varied by PR918820 PR932019 PR947872 PR961046 PR975141 PR979685; PR984815 ppc 27Nov08]

22.1.1 A weekly or part-time employee required to work overtime for more than two hours without being notified on the previous day or earlier that the employee will be so required to work shall be supplied with a meal by the employer or paid $9.95 meal money.

22.1.2 If an employee pursuant to notice has provided a meal and is not required to work overtime or is required to work less than the amount advised, the employee shall be paid as above prescribed for the meal which the employee has provided but which is surplus.

22.2 Split shift allowance

[22.2.1 varied by R5460 S7816 PR904464 PR918820 PR932019 PR947872 PR961046 PR975141 PR979685; PR984815 ppc 27Nov08]

22.2.1 Weekly employees who have a broken work day shall receive an additional allowance of $3.82 for each work period of two hours or more, for a spread of hours as prescribed in clause 23 - Hours of work.


23. HOURS OF WORK

23.1 The hours of work of a full-time employee are an average of 38 per week.

23.1.1 The average of 38 hours per week is to be worked in one of the following ways:

23.1.1(a) a nineteen day month, of eight hours per day;

23.1.1(b) four days of eight hours and one of six hours;

23.1.1(c) four days of nine and a half hours per day;

23.1.1(d) five days of seven hours and 36 minutes per day;

23.1.1(e) 152 hours per each four week period;

23.1.1(f) 160 hours per each four week period with a rostered day off; or

23.1.1(g) any combination of the above.

23.2 The arrangement for working the average of 38 hours per week is to be agreed between the employer and the employee from the alternatives in 23.1.1.

23.3 The agreed hours of work arrangement must meet the following conditions:

23.3.1 A minimum of six hours and a maximum of eleven and a half hours may be worked on any one day. The daily minimum and maximum hours are exclusive of meal break intervals.

23.3.2 An employee cannot be rostered to work for more than ten hours per day on more than three consecutive days without a break of at least 48 hours.

23.3.3 No more than eight days of more than ten hours may be worked in a four week period.

23.3.4 An employee must be given a minimum break of ten hours between the finish of ordinary hours of work on one day and the commencement of ordinary hours of work on the next day. In the case of a changeover of rosters the minimum break must be eight hours.

23.3.5 An employee must be given a minimum of eight full days off per four week period.

23.3.6 An employee under the age of eighteen years must not be required to work more than ten hours in a shift.

23.3.7 Where the hours of work arrangement provides for 160 hours per four week period with a rostered day off:

23.3.7(a) No employee is to work more than ten days in a row without a rostered day off.

23.3.7(b) Where practicable the rostered day off must be contiguous with an employee’s normal days off.

23.3.7(c) Rostered days off may be banked, up to a maximum of five days.

23.3.7(d) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

23.3.7(e) If a rostered day off falls on a public holiday then, where practicable, the next day is to be taken as the rostered day off.

23.3.7(f) The entitlement to a rostered day on full pay is subject to the following:

23.3.7(f)(i) each day of paid leave, except annual leave and long service leave, and any public holiday occurring during the four week cycle must be regarded as a day worked for accrual purposes; and

23.3.7(f)(ii) an employee who has not worked a complete four week cycle in order to accrue a rostered day off must be paid a pro rata amount for credits accrued for each day worked in the cycle. The pro-rata amount is twenty four minutes pay for each eight hour day worked.

23.4 Make-up time means an arrangement under which an employee takes time off during his or her ordinary hours of work and makes up that time later.

23.5 The employer and a majority of employees in a workplace may agree to introduce make-up time subject to the following conditions:

23.5.1 If an employer intends to introduce make-up time and the Union has members at the particular workplace then the employer must inform the Union of its intention and provide the Union with an opportunity to participate in negotiations relating to make-up time.

23.5.2 After the employer and a majority of employees have agreed to introduce make-up time an employee may elect, with the consent of his or her employer, to work make-up time.

23.5.3 Make-up time arrangements must comply with the conditions set out in 23.3 and clause 24 - Breaks.

23.5.4 The employer must record make-up time arrangements in the time and wages records kept pursuant to Division 1 of Part 9A of the Workplace Relations Regulations.

23.6 Any disputes in relation to the practical application of this clause may be dealt with in accordance with clause 12 - Procedure to avoid industrial disputation, or by the establishment of a Board of Reference under s.133 of the Act.

23.7 Spread of hours

Where broken shifts are worked the spread of hours can be no greater than twelve hours per day.

23.8 Minimum break between shift

The roster for all employees other than casuals will provide for a minimum ten hour break between the finish of ordinary hours on one day and the commencement of ordinary hours on the following day. In the case of changeover of rosters, eight hours will be substituted for ten hours.

23.9 Roster

[23.9 inserted by R3139 ppc 30Jun98]

23.9.1 A roster for full-time and regular part-time employees showing normal starting and finishing times and the surname and initials of each employee shall be prepared by the employer and shall be posted in a conspicuous place accessible to the employees concerned.

23.9.2 The roster shall be alterable by mutual consent at any time or by amendment of the roster on seven days notice. Where practicable two weeks notice of rostered day or days off should be given provided that the days off may be changed by mutual consent or through sickness or other cause over which the employer has no control.


24. BREAKS

24.1 If an employee, including a casual employee, is required to work for five or more hours in a day he or she must be given an unpaid meal break of no less than thirty minutes. The break must be given no earlier than one hour after starting work and no later than six hours after starting work.

24.2 If the unpaid meal break is rostered to be taken after five hours of starting work, the employee must be given an additional twenty minute paid meal break. The employer must allow the employee to take this additional meal break no earlier than two hours after starting work and no later than five hours after starting work.

24.3 If an employee is not given the unpaid meal break at the time the employer has told him/her it will be given, the employer must pay the employee an extra hourly or part thereof payment at the rate of 0.5 of the ordinary hourly rate from the time the meal break was to commence until either the meal break is given or the shift ends.

24.3.1 If 24.3 does not apply and an employee is not given a meal break in accordance with 24.1 the employer must pay the employee an extra hourly or part thereof payment at the rate of 0.5 of the ordinary hourly rate from the end of six hours until either the meal break is given or the shift ends.

24.4 If an employee is required to work more than five hours after he or she is given the unpaid meal break, he or she must be given an additional twenty minute paid break.

24.5 If a full-time or regular part-time employee is required to work more than ten ordinary hours in the day, he or she will be given two additional twenty minute paid breaks. In rostering for these breaks, the employer must make all reasonable efforts to ensure an even mix of work time and breaks.

24.6 If an employee is required to work more than two hours’ overtime after completion of the employee’s rostered hours, he or she must be given an additional twenty minute paid break.


25. OVERTIME

25.1 Reasonable overtime

An employer may require an employee - other than a casual employee - to work reasonable overtime at overtime rates.

25.2 When is an employee paid at overtime rates?

25.2.1 A full-time employee is paid at overtime rates for any work done outside of the spread of hours or rostered hours set out in clause 23 - Hours of work.

25.2.2 A regular part-time employee is paid at overtime rates in the circumstances specified in clause 13.3.7.

25.3 What are overtime rates?

The overtime rate payable to an employee depends on the time at which the overtime is worked.

25.3.1 Monday to Friday: one and a half times the employee’s normal rate of pay for the first two hours of overtime; and twice the employee’s normal rate of pay for the rest of the overtime.

25.3.2 Between midnight Friday and midnight Saturday: one and three quarter times the employee’s normal salary for the first two hours of overtime; and twice the employee’s normal rate of pay for the rest of the overtime.

25.3.3 Between midnight Saturday and midnight Sunday: twice the employee’s normal rate of pay for all time worked.

25.3.4 On a rostered day off: twice the employee’s normal rate of pay for any work done. The employee must be paid for at least four hours even if the employee works for less than four hours.

For example:
Julie is a full-time employee. Her ordinary rate of pay is $10 per hour. She normally works eight hours per day Monday to Friday. On Tuesday she works 11 hours.


Julie’s pay
= (8 hours at normal rate) + (3 hours of overtime)

= (8 hours x $10) + (2 hours x $15) + (1 hour x $20)

= $80 + ($30 + $20)

= $80 + $50

= $130

For example:
John is asked to work on his rostered day off from 8 a.m. to 11 a.m. He is normally paid $10 per hour. John has worked 3 hours but must be paid for at least four.


John’s pay
= $20 x 4

= $80

25.4 Overtime stands alone

Overtime worked on any day stands alone.

For example:
Jenny is a full-time employee. Her ordinary rate of pay is $10 per hour. She works 2 hours overtime on Monday and one hour overtime on Tuesday.


Jenny’s pay



Monday
= (8 hours at normal rate) + (2 hours of overtime)

= (8 hours x $10) + (2 hours x $15)

= $80 + $30

= $110


Tuesday
= (8 hours at normal rate) + (1 hour of overtime)

= (8 hours x $10) + (1 hour x $15)

= $80 + $15

= $95

You do not treat the one hour of overtime worked on Tuesday as the third hour of overtime. It is paid at one and a half times her normal rate of pay not twice her normal rate of pay. This is because overtime worked on any day stands alone.

25.5 Does an employee get a break after working overtime?

If starting work at the employees next rostered starting time would mean that the employee did not receive a full eight hour break then:

25.5.1 the employee may - without loss of pay - start work at such a later time as is necessary to ensure that he or she receives a break of at least eight hours; or

25.5.2 the employer must pay the employee overtime rates for all work performed until the employee has received a break of at least eight hours.

For example:
George normally works from 9 a.m. to 6 p.m. Monday to Friday. On Tuesday he works overtime until 2 a.m. If George’s employer wants him to start work at 9 a.m. on Wednesday then George must be paid at overtime rates until he has received a break from work of at eight hours. Alternatively George could start work at 10 a.m. on Wednesday and work until his normal finishing time of 6 p.m. George would then receive his normal day’s pay even though he has worked one hour less.

25.6 Time-off instead of payment for overtime

25.6.1 Despite 25.1 an employee may choose, with the consent of the employer, to take time-off instead of payment for overtime at a time or times agreed with the employer. This agreement must be in writing. The employee must take the time off within four weeks of working the overtime.

25.6.2 If an employee takes time off instead of payment for overtime then the amount of time off is to be equivalent to the pay the employee would have otherwise received for working the overtime.

25.6.3 If requested by an employee an employer must within one week of receiving a request pay the employee for any overtime worked. The employee must be paid at overtime rates.

For example:
Jodie is a full-time employee. Her ordinary rate of pay is $10 per hour. She works three hours overtime on Wednesday.


Jodie’s pay
= (8 hours at normal rate) + (3 hours overtime)

= (8 hours) + (2 hours x 1.5) + (1 hour x 2)

= 8 + (3 + 2)

= 13 hours pay

Jodie’s employer must give her 13 hours pay. Alternatively Jodie and her employer may agree, in writing, to Jodie taking some or all of the ‘5 hours overtime pay’ as time-off instead.

25.7 An apprentice under the age of eighteen years shall not, without his or her consent, be required to work overtime or shift work.


26. PENALTY RATES

26.1 Weekend work - non-casual employees

The penalty rates payable to a full-time or regular part-time employee for ordinary time worked on a weekend depends on when the work is performed:

26.1.1 Between midnight Friday and midnight Saturday: one and a quarter times his or her normal salary for all ordinary time worked.

26.1.2 Between midnight Saturday and midnight Sunday: one and three quarters times his or her normal salary for all ordinary time worked.

26.2 Weekend work - casual employees

The loading payable to casual employees, for work done on a weekend depends on when the work is performed:

26.2.1 Between midnight Friday and midnight Saturday: one and a half times the rate prescribed for the class of work performed for all time worked.

[26.2.2 corrected by PR963275 ppc 30Jun98]

26.2.2 Between midnight Saturday and midnight Sunday: one and three quarter times the rate prescribed for the class of work performed for all time worked.

26.3 Work done outside the hours of 7.00 a.m. to 7.00 p.m. on Monday to Friday

[26.3.1 varied by R5460 PR904464 PR918820 PR932019 PR947872 PR961046 PR975141 PR979685; PR984815 ppc 27Nov08]

26.3.1 An employee, including a casual, who is required to work any of their ordinary hours between the hours of 7.00 p.m. and midnight Monday to Friday inclusive shall be paid an additional $1.60 per hour or any part of an hour for such time worked within the said hours with a minimum payment of $2.41 for any one day and a maximum daily payment of three hours.

[26.3.2 varied by R5460 PR904464 PR918820 PR932019 PR947872 PR961046 PR975141 PR979685; PR984815 ppc 27Nov08]

26.3.2 An employee, including a casual, who is required to work any of their ordinary hours between midnight and 7.00 a.m. Monday to Friday inclusive shall be paid an additional $2.30 per hour or part of an hour for such time worked within the said hours with a minimum payment of $2.41 for any one day and a maximum daily payment of three hours. For the purposes of this clause midnight shall include midnight Sunday.

26.4 Penalty rates not cumulative

Except as provided in clause 24 - Breaks, where time worked is required to be paid at more than the ordinary rate such time shall not be subject to more than one penalty, but shall be subjected to that penalty which is to the employee's greatest advantage.


27. ANNUAL LEAVE

27.1 How long is annual leave?

An employee other than a casual employee is entitled to at least four weeks annual leave after every twelve months continuous service.

27.2 What are the pay rates for annual leave?

The pay rate for annual leave is the employee’s pay rate at the time the employee takes the annual leave, plus 17.5 per cent of that rate. Current pay rates are in clause 17 - Classifications and wage rates.

27.3 When to take annual leave

[27.3 substituted by PR967589 ppc 22Dec05]

27.3.1 The employee must be allowed to take annual leave, at a time agreed with the employer, within four months after it is due. The employer and the employee may agree to extend this period to 12 months.

27.3.2 To assist employees in balancing their work and family commitments:

27.3.2(a) an employee may elect, with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date the employee becomes entitled to the leave.

27.3.2(b) an employee may elect, with the consent of their employer, to take annual leave in single days, up to maximum of 10 single days in any year.

27.4 The employer and the employee should seek to reach agreement on the time for taking the leave. In the absence of agreement, the employer may give at least fourteen days notice of the commencement of leave or part of leave which is due to the employee.

27.5 Payment instead of leave

27.5.1 Subject to clauses 27.6 and 27.7 an employee must take annual leave unless:

27.5.1(a) employer pays the employee a proportionate amount on termination or resignation under clause 16 - Termination of employment.

27.5.1(b) employee chooses payment instead of a day added to the period of leave for a public holiday under clause 31 - Public holidays.

27.6 Payment of proportionate leave

27.6.1 When notice of termination of employment has been given by an employee or an employee’s services have been terminated by the employer, the employer must pay the employee one twelfth of four weeks pay at the applicable award rate for each full month of continuous service the employee has worked since qualifying for annual leave.

27.6.2 Should the employee not qualify for leave, the employer must pay a proportionate amount of leave for each full month of continuous service worked since the employee commenced employment.

27.6.3 Proportionate leave does not include leave loading.

27.7 Public holidays falling within annual leave

27.7.1 If a public holiday falls within an employee’s annual leave, is prescribed in the awards, and is on a day which would have been an ordinary working day, then:

27.7.1(a) extra time equivalent to the public holiday is added to the employee’s annual leave; or

27.7.1(b) the employee can choose to be paid for the public holiday instead of having the extra time.

27.7.2 The employee won’t receive any pay for the public holiday unless:

27.7.2(a) the employee starts work at the next rostered starting time on the first working day after his or her annual leave ends; or

27.7.2(b) the employee has a reasonable cause for starting late.


28. PERSONAL LEAVE

[28 substituted by PR967589 ppc 22Dec05]

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees in relation to caring responsibilities are set out in clause 13.2.7.

28.1 Definitions

In this clause the term immediate family means:

28.1.1 spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

28.1.2 child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

28.2 Amount of paid personal leave

28.2.1 Paid personal leave is available to an employee, other than a casual employee, when they are absent:

  • due to personal illness or injury;

  • for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency.

28.2.2 The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues as follows:

Length of time worked for the employer
Personal leave

(hours)
In the first 12 months
45.6
Each year thereafter
70

28.3 Accumulation of personal leave

Untaken personal leave may accumulate to a maximum of 760 hours.

28.4 The effect of workers’ compensation

If an employee is receiving workers’ compensation payments, they are not entitled to personal leave.

28.5 Personal leave for personal injury or sickness

Full-time employees may take up to the full amount of their personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

28.6 Personal leave to care for an immediate family or household member

28.6.1 Subject to 28.6.2 and 28.6.3, a full-time employee is entitled to use their personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency.

28.6.2 The entitlement in 28.6.1 is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take leave for this purpose where another person has taken leave to care for the same person.

28.6.3 Except as provided for in 28.6.4, not more than 76 hours of personal leave can be used in a year by an employee for the purposes set out in 28.6.1. Provided that, an employee who normally works eight or more hours per day so as to provide a rostered day(s) off in a work cycle in accordance with 26.1.1 is entitled to use up to 80 hours of their accrued personal leave in a year for the purposes set out in 28.6.1.

28.6.3(a) These limits apply to the employee’s total accrued personal leave which includes any untaken personal leave from the current year’s entitlement and any untaken personal leave which has accumulated from previous years.

28.6.4 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 28.6.1, beyond the relevant limit set out in 28.6.3. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

28.7 Employee must give notice

28.7.1 The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer or their inability to attend for duty and as far as practicable state the nature of the injury, illness or emergency and the estimated duration of the absence. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.

28.7.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, the notice must include:

  • the name of the person requiring care and support and their relationship to the employee;
  • the reasons for taking such leave; and
  • the estimated length of absence.

28.8 Evidence supporting claim

28.8.1 When taking leave for personal illness or injury, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.

28.8.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.

28.8.3 When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

28.9 Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of 28.7 and 28.8 are met.

28A. BEREAVEMENT LEAVE

[28A inserted by PR967589 ppc 22Dec05]


The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 13.2.7.

28A.1Paid leave entitlement

An employee other than a casual is entitled to 16 hours bereavement leave on any occasion on which a member of the employee’s immediate family or household dies.

28A.2Unpaid leave entitlement

Where an employee has exhausted all bereavement leave entitlements, including accumulated leave entitlements, he or she is entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, the employee is entitled to take up to 16 hours unpaid leave.

28A.3Evidence supporting claim

The employer may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediate family or household.


29. PARENTAL LEAVE

[29 substituted by PR911661; PR967589 ppc 22Dec05]


Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and a full-time employee may elect to work part-time in connection with the birth or adoption of a child.

The provisions of this clause apply to full time, part time and eligible casual employees, but do not apply to other casual employees.

An eligible casual employee means a casual employee:

(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.


For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

An employer must not fail to re-engage a casual employee because:

(a) the employee or employee's spouse is pregnant; or

(b) the employee is or has been immediately absent on parental leave.


The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

An eligible casual employee employed by their current employer, on or prior to 1 January 1998, shall be entitled to parental leave under the term of the award as of 29 October 2001.

An eligible casual employee employed on or after 29 October 2001 shall be entitled to parental leave under the term of the award as of 29 October 2002.

29.1 Definitions

29.1.1 For the purpose of this clause child means a child of the employee under school age or a child under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

29.1.2 Subject to 29.1.3, in this clause, spouse includes a de facto or former spouse.

29.1.3 In relation to 29.7, spouse includes a de facto spouse but does not include a former spouse.

29.2 Basic entitlement

29.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

29.2.2 Subject to 29.5.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

29.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

29.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

29.3 Variation of period of parental leave

Where an employee takes leave under 29.2.1 or 29.4.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in 29.2.1 or 29.4.1(b).

29.4 Right to request

29.4.1 An employee entitled to parental leave pursuant to the provisions of 29.2 may request the employer to allow the employee:

29.4.1(a) to extend the period of simultaneous unpaid parental leave provided for in 29.2.2 up to a maximum of eight weeks;

29.4.1(b) to extend the period of unpaid parental leave provided for in 29.2.1 by a further continuous period of leave not exceeding 12 months;

29.4.1(c) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

29.4.2 The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

29.4.3 Employee’s request and the employer’s decision to be in writing

The employee’s request and the employer’s decision made under 29.4.1(b) and 29.4.1(c) must be recorded in writing.

29.4.4 Request to return to work part-time

Where an employee wishes to make a request under 29.4.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

29.5 Maternity leave

29.5.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

29.5.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least 10 weeks;

29.5.2(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least 4 weeks.

29.5.2 When the employee gives notice under 29.5.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

29.5.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

29.5.4 Subject to 29.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

29.5.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

29.5.6 Special maternity leave

29.5.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

29.5.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

29.5.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

29.5.7 Where leave is granted under 29.5.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

29.6 Paternity leave

29.6.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

29.6.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

29.6.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

29.6.1(c) except in relation to leave taken simultaneously with the child’s mother under 29.2.2 and 29.4.1(a) a statutory declaration stating:

29.6.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

29.6.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

29.6.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

29.6.2 The employee will not be in breach of 29.6.1(a) if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

29.7 Adoption leave

29.7.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

29.7.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

29.7.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

29.7.2(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and

29.7.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

29.7.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

29.7.4 Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.

29.7.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

29.7.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

29.8 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or longer as agreed under 29.4.

29.9 Transfer to a safe job

29.9.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

29.9.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

29.10 Returning to work after a period of parental leave

29.10.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

29.10.2 Subject to 29.10.4, an employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 29.9, the employee will be entitled to return to the position they held immediately before such transfer.

29.10.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

29.10.4 An eligible casual employee who is employed by a labour hire company who performs work for a client of the labour hire company will be entitled to the position which they held immediately before proceeding on parental leave.

29.10.5 Where such a position in no longer available, but there are other positions available that the employee is qualified for and is capable of performing, the employer shall make all reasonable attempts to return the employee to a position comparable in status and pay to that of the employee's former position.

29.11 Replacement employees

29.11.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

29.11.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

29.12 Communication during parental leave

29.12.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

29.12.1(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

29.12.1(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

29.12.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

29.12.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 29.12.1.


30. JURY SERVICE

[30 substituted by PR953626 ppc 24Nov04]

30.1 The provisions of this clause apply to weekly and eligible casual employees but do not apply to other casual employees.

30.1.1 An eligible casual employee means a casual employee employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months, and that the employee has a reasonable expectation of ongoing employment.

30.2 An employee required to attend for jury service during the employee’s ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount that he or she could reasonably expect to have received from the employer as earnings for that period had he or she not been performing jury service subject to the following conditions:

30.2.1 The employee shall advise the employer as soon as practicable that he/she had to attend for jury service, and if required by the employer, produce his/her notice to attend.

30.2.2 An employee who has been given more than seven days notice to attend for jury service shall give the employer at least seven days notice and if he/she fails to give such notice, without reasonable excuse, he/she shall forfeit his/her entitlement to payment by the employer.

30.2.3 An employee on day shift or day work who is not required for jury service after 1.00 p.m. on any day shall contact the employer by telephone to ask whether the employer requires the employee to report for the balance of the day, and if so required, the employee shall so report.

30.2.4 An employee on afternoon shift or night shift who is discharged or excused from jury service upon the day upon which he/she is first called or on any subsequent day on which he/she has been required to take part in court proceedings shall report for work:

30.2.4(a) in the case of an afternoon shift employee, if possible at the employee’s normal starting time or as soon thereafter as possible after being discharged or excused from jury service, and

30.2.4(b) in the case of a night shift employee, at the employee’s normal starting time.

Provided that an employee on afternoon shift or night shift who is continuing jury service and who has been required to take part in court proceedings for more than half the day shall not be required to report for work until the expiration of his/her jury service and if the jury service has lasted for more than two days until the shift next following the completion of the employee’s jury service.

30.2.5 The employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.


31. PUBLIC HOLIDAYS

31.1 Definitions

For the purposes of this clause:

31.1.1 A Monday to Friday employee means a full-time or regular part-time employee whose ordinary rostered hours of work are on Monday to Friday.

31.1.2 A non-Monday to Friday employee means a full-time or regular part-time employee whose ordinary rostered hours of work are on days including either Saturday or Sunday or both. For example, an employee who works Tuesday to Saturday.

31.2 Which days are public holidays?

31.2.1 A full-time or regular part-time employee shall be entitled to a day off work on the following holidays without loss of pay:

  • Christmas Day
  • Boxing Day
  • New Year’s Day
  • Good Friday
  • Easter Saturday
  • Easter Monday
  • Australia Day
  • Anzac Day
  • Queen’s Birthday
  • Labour Day
  • Melbourne Cup Day or the regionally observed substitute day (e.g. Ballarat Cup Day, Bendigo Cup Day and Geelong Cup Day).

31.2.2 If any additional public holidays are declared or prescribed by a State, Territory or locality, those days shall be additional holidays.

31.3 Can any of these holidays be substituted for another day?

An employer and a majority of employees in a workplace may agree to substitute another day for any of the abovenamed holidays subject to the following conditions:

31.3.1 If an employer intends to substitute a public holiday and the Union has members at the particular workplace then the employer must inform the Union of its intention and provide the Union with an opportunity to participate in negotiations to substitute a holiday.

31.3.2 After the employer and a majority of employees have agreed to substitute a public holiday, the employer must record such agreement in the time and wages records kept pursuant to Division 1 of Part 9A of the Workplace Relations Regulations.

31.3.3 Any disputes concerning the application of this clause may be dealt with in accordance with the Dispute Settling Procedure or by the establishment of a Board of Reference under s.133 of the Act.

31.4 What if Christmas Day, Boxing Day, New Year’s Day or Australia Day falls on a Saturday or a Sunday?

31.4.1 If Christmas Day falls on a Saturday or a Sunday then the holiday will be observed on 27 December.

31.4.2 If Boxing Day falls on a Saturday or a Sunday then the holiday will be observed on 28 December.

31.4.3 If either New Year’s Day or Australia Day falls on a Saturday or a Sunday then the holiday will be observed on the next Monday.

31.5 What about other holidays which fall on a rostered day off?

31.5.1 Monday to Friday employee

Monday to Friday employees shall not be entitled to other public holidays falling on a weekend. However, employees may be requested, but not compelled to work on these holidays. If the employee does work they will be paid 2.5 times the ordinary hourly rate.

31.5.2 Non-Monday to Friday employee

Non-Monday to Friday employees are entitled to either:

  • An extra day’s pay; or
  • An alternative day off; or
  • An extra day’s annual leave.

If no agreement is reached on which entitlement is to be taken, then the matter shall be referred to the Commission for resolution.

31.6 What if an employee works on both the substitute day and the actual holiday?

31.6.1 Monday to Friday employee

31.6.1(a) On the actual day employees shall be paid 2.5 times the ordinary hourly rate. Except for work performed on Christmas Day and/or New Year’s Day where there is an additional entitlement of an extra day’s pay or an extra day added to the employee’s annual leave.

31.6.1(b) On the substitute day employees shall be paid the weekend rates of pay.

31.6.2 Non-Monday to Friday employee

31.6.2(a) On the actual day employees shall be paid the weekend penalty rates. Except for work performed on Christmas Day where employees are entitled to an additional half-day’s pay.

31.6.2(b) On the substitute day employees shall be paid 2.5 times the ordinary hourly rate or receive an alternative day off or receive an additional day added to the employee’s annual leave.

31.7 What if an employee works on the actual holiday but not the substitute day?

31.7.1 Monday to Friday employee

On the actual day employees shall be paid 2.5 times the ordinary hourly rate. Except for work performed on Christmas Day or New Year’s Day where there is an additional entitlement of an extra day’s pay or an extra day added to the employee’s annual leave.

31.7.2 Non-Monday to Friday employee

31.7.2(a) On the actual day employees shall be paid the weekend penalty rates and:

31.7.2(a)(i) if the substitute day would normally form part of the rostered hours, employees shall be entitled to the day off with pay, but if the employee is required to work on the substitute day the employee shall be paid 2.5 times the ordinary hourly rate or receive another paid day off.

[31.7.2(a)(ii) varied by R3139 ppc 30Jun98]

31.7.2(a)(ii) if the substitute day would not normally form part of the rostered hours, employees shall either receive an extra day’s pay or an additional day’s annual leave or an alternative day off.

31.7.2(b) Except for work performed on Christmas Day where employees are entitled to an additional half day’s pay.

31.8 What if an employee works on the substitute day but not the actual holiday?

On the substitute day full-time and regular part-time employees shall be paid 2.5 times the ordinary hourly rate.

31.9 Casual workers

Casual employees who are required to work on any of the public holidays set out above, will be paid at 2.75 times the ordinary rate (i.e. double time and three-quarters).


32. DISTANT WORK

32.1 The special rate to be paid to employees who work away from their employer’s place of business for the time occupied in travelling between the employer’s place of business and work or between the employee’s residence and work shall be at ordinary rates.

32.2 Where an employee is engaged for country or seaside work and has to travel 80 kilometres or more to take up service the employee shall be paid for transport, both ways if:

32.2.1 the employee has performed to the employer’s satisfaction for up to a period of four weeks; and

32.2.2 the employee is willing to complete the full period of engagement.


33. RELATIONSHIP TO THE NATIONAL TRAINING WAGE INTERIM AWARD 1994

A party to this award shall comply with the terms of the National Training Wage Interim Award 1994, as varied, as though bound by clause 3 of that award.

34. ACCIDENT PAY

34.1 From the commencement of this award should an employee meet with an accident at his or her place of employment and is subject to and qualifies for compensation under the provisions of the Victorian Accident Compensation Act 1985 such employee shall have the amount received by way of compensation increased by the employer to the amount of the usual award weekly rate ruling at the time of the accident. The payment made by the employer shall be limited to a maximum period of 26 weeks in any one year.

34.2 For the purpose of a casual employee place of employment shall include travelling directly from or to their place of residence. Casual employees make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for time worked.

34.3 The amount to be paid as the normal weekly rate of pay only (i.e. time and one-quarter).


35. CLOTHING, EQUIPMENT AND TOOLS

35.1 Where the employer requires an employee to wear any special clothing such as coats, dresses, caps, aprons, cuffs and any other articles of clothing, the employer must reimburse the employee for the cost of purchasing such special clothing. The provisions of this clause do not apply where the special clothing is paid for by the employer.

35.2 Where the employee is responsible for laundering the special clothing the employer must pay the following allowances:

35.2.1 $4.38 per week in the case of full-time employees; and

35.2.2 $1.42 per uniform laundered in the case of regular part-time and casual employees.

35.3 Black and white attire (not being dinner suit or evening dress), shoes, hose and/or socks is not special clothing.

35.4 Where it is necessary that an employee wear waterproof or other protective clothing such as waterproof boots, aprons, or gloves, the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of this clause do not apply where the special clothing is supplied to the employee at the employer’s expense. Where protective clothing is supplied without cost to the employee, it will remain the property of the employer. In the event of dispute, the necessity for the provision of protective clothing may be determined by a Board of Reference.

35.5 Where the employer requires an employee to provide and use any towels, tools, ropes, brushes, knives, choppers, implements, utensils and materials, the employer must reimburse the employee for the cost of purchasing such equipment. The provisions of this clause shall not apply where the employer supplies such items without cost to the employee.

35.6 An employer may require an employee on commencing employment to sign a receipt for item/s of uniform and property. This receipt must list the item/s of uniform and property and the value of them. If, when an employee ceases employment, the employee does not return the item/s of uniform and property (or any of them) in accordance with the receipt, the employer will be entitled to deduct the value as stated on the receipt from the employee’s wages.

35.7 In the case of genuine wear and tear, damage, loss or theft that is not the employee’s fault the provisions of 35.6 will not apply.

35.8 Any disagreement concerning the value of item/s of uniform and property and any other aspect of this clause may be determined by a Board of Reference.


36. SUPERANNUATION

Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note — Choice of Superannuation Funds and Award Provisions

36.1 Preamble

36.1.1 Superannuation legislation

36.1.1(a) The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration ) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

36.1.1(b) Notwithstanding 36.1.1(a) above, the following provisions shall also apply.

36.2 Definitions

36.2.1 The fund for the purposes of this clause shall mean the Hospitality Industry Portable Liquor Union Superannuation Trust Deed (HOST-PLUS) which complies with the Superannuation Industry (Supervision) Act 1993 as amended from time to time, and any scheme which may be made in succession thereto.

36.2.2 Ordinary time earnings for the purposes of this clause, means:

36.2.2(a) award classification rate;

36.2.2(b) over-award payment;

36.2.2(c) shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime;

36.2.2(d) casual loading in respect to casual employees.

36.2.3 Ordinary time earnings does not include bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance.

36.3 Employers to become a party to the fund

36.3.1 A respondent employer shall make application to the fund to become a participating employer in the fund and shall become a participating employer upon acceptance by the Trustee of the fund.

36.3.2 A respondent employer shall provide each employee who is not a member of the fund with a membership application form upon commencement of this clause and thereafter upon commencement of employment.

36.3.3 Each employee shall be required to complete the membership application and the employer shall forward the completed application to the fund by the end of the calendar month of commencement of this clause or commencement of employment.

36.4 Eligibility of employees

36.4.1 Each employee shall be eligible to join the fund upon commencement of employment, subject to 36.3.1.

36.4.2 Each employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in 36.3.3 was forwarded to the fund.

36.5 Employer contributions

36.5.1 A respondent employer shall contribute to; the fund in respect of each employee such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 as amended from time to time:

36.5.1(a) Seven per cent of ordinary time earnings on behalf of each eligible employee.

36.5.2 Provided that the employer shall make contributions for each employee for each month where the employee earns $350.00 or more in a calendar month:

36.5.2(a) the amount of contributions to the fund shall be calculated to the nearest ten cents, any fraction below five cents shall be disregarded.

36.5.3 A respondent employer shall contribute to the fund:

36.5.3(a) monthly by the last day of the month following the total of the weekly contribution amounts accruing in the previous month in respect of each employee; or

36.5.3(b) equivalent monthly contributions at such other times and in such manner as may be agreed in writing between the Trustees of a fund and the employer.

36.5.3(c) Contributions shall continue to be paid in accordance with this clause during any period in respect of which a employee is entitled to receive accident pay in accordance with clause 34 - Accident pay.

36.5.4 The following employers are exempt from the provisions of this clause:

Chilli’s Texas Grill Pty limited

Unit 26, 3-9 Terminus Street

Castle Hill NSW 2154

Chilli’s Texas Grill

293-305 Maroondah Highway

Ringwood Lakes Family Centre

Ringwood Victoria 3134

De Bortoli Wines Pty Ltd

P O Box 21, De Bortoli Road

Bilbul NSW 2680

De Bortoli Wines Pty Ltd

874 Mountain Highway

Bayswater Victoria 3153

36.6 Voluntary employees contributions

36.6.1 An employee may make contributions to the fund in addition to those made by the respondent employer under 36.5.

36.6.2 An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the fund, from the employee’s wages, amounts specified by the employee in accordance with the fund Trust Deed and Rules.

36.6.3 An employer who receives written authorisation from the employee, must commence making payments into the fund on behalf of the employee within fourteen days of receiving the authorisation.

36.6.4 An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within fourteen days of receiving the authorisation.

36.6.5 Additional employees contribution to the fund requested under this clause shall be expressed in whole dollars.

36.6.6 Employees shall have the right to adjust the level of contributions made on their own behalf on the first of July each year provided by the agreement with the respondent employer the employees may vary their additional contribution at other times.

36.7 Exemptions

36.7.1 Where an agreement is reached at a particular enterprise or workplace, between the employer and the majority of employees, to provide for the payments of superannuation contributions into a fund other than Host Plus, an application shall be made to the Commission to vary the operation of the award in respect of the enterprise or workplace concerned.

36.7.2 The agreement must meet the following requirements to enable the Commission to vary the award to give effect to it:

36.7.2(a) that the majority of employees covered by the agreement genuinely agree to it; and

36.7.1(b) that the fund specified is a complying fund under the Superannuation Industry (Supervision) Act 1993 (SIS).

36.7.3 The union must be notified of the terms of the agreement at the time it is lodged with the Commission for approval.

36.7.4 In the event that the union does not notify the Commission of an objection to the agreement within fourteen days of the agreement being lodged, the Commission will vary the award if satisfied the agreement complies with the SIS Act.

36.7.5 In the event that the Union objects to the agreement within the specified time then the matter will be set down for hearing.

36.7.6 In respect of non union members in any contested matter, the union must bear the onus of establishing that special circumstances exist which warrant the continued specification of Host Plus as the prescribed fund. In respect of union members, the employer applicant must bear the onus of establishing its case on the usual grounds of equity, good conscience and the substantial merits of the case.

36.7.7 Failure by an employer to give the union an opportunity to be involved in the process leading up to the making of an agreement may result in the Commission adjourning or refusing the application to vary the award.


37. POSTING OF AWARD

A copy of this award, as varied from time to time, shall be maintained in each establishment of an employer and shall be available for inspection at any time by an employee covered by this award.

38. NOTICE BOARD

In an establishment where five or more full-time employees are employed the employer must, where practicable, provide a notice board for the posting of rosters and other information related to the operation of this award. Notices may be placed on the notice board by the employer or the Union.

SCHEDULE A - RESPONDENTS

[Sched A varied by R6719 ppc 29Jun99; PR969574 ppc 22Feb06]

A1 Japanese Restaurant, 177 Brunswick St, Fitzroy 3065
Abdul Lebanese Restaurant, 1413 Malvern Rd, Malvern 3144
Afghan Gallery Restaurant, 327 Brunswick Street, Fitzroy 3065
Akari Japanese Restaurant, 177 Brunswick Street, Fitzroy 3065
Amiconi Restaurant, 359 Victoria St, West Melbourne 3003
Aquarium Bar And Café, 416 Brunswick Street, Fitzroy 3065
Baretti Café, 328 Brunswick Street, Fitzroy 3065
Bellbird Coffee Shop, 20 Blackburn Road, Blackburn 3130
Bistro Inferno, 302 Brunswick Street, Fitzroy 3065
Black Cat, 252 Brunswick Street, Fitzroy 3065
Bocadillo Bar, 365 Brunswick Street, Fitzroy 3065
Borsari Restaurant, 201 Lygon St, Carlton 3053
Bortolotto's 16 Fitzroy St, St Kilda 3182
Brunetti Tavola Calda Restaurant, 202 Faraday St, Carlton 3053
Café Alcaston, 2 Collins St, Melbourne 3000
Café Fiamma, 254 Lygon St, Carlton 3053
Café Goa, 92D Acland St, St Kilda, 3182
Café Gregiore 201 Brunswick Street Fitzroy Vic 3065
Café Lisboa 413 Brunswick Street Fitzroy Vic 3065
Café Natula 182 Brunswick Street Fitzroy Vic 3065
Café Nova307 Brunswick Street Fitzroy Vic 3065
Café Rumours 199 Brunswick Street Fitzroy Vic 3065
Café Sport, 262 Lygon St, Carlton 3053
Café Sweethearts, 263 Coventry St, South Melbourne 3205
Cappadocia Turkish Restaurant, 324 Brunswick Street, Fitzroy 3065
Carlton Dai-ichi Teppanyaki, 304A Lygon St, Carlton 3053
Carmen Bar Restaurant, 74 Johnston St, Fitzroy 3065
Casa di Iorio, 141 Lygon St, Carlton 3053
Casa Malaya, 118 Lygon St, Carlton 3053
Casey's Nitespot, 660A Glenferrie Road, Hawthorn 3122
Caspian Bar & Restaurant, 43 Fitzroy St, St Kilda 3182
Cerabona's Eats, 121 Lygon St, Carlton 3053
Chasers Disco, 386 Chapel Street, South Yarra 3141
Chenny's Chinese Bistro, 320 Lygon St, Carlton 3053
Chichio's Pizza Restaurant, 109 Fitzroy St, St Kilda 3182
Chinois Cafe Bar Restaurant, 176 Toorak Road, South Yarra 3141
Chinta Ria, 118 Elgin St, Carlton 3053
Chinta Ria, 176 Commercial Rd, Prahran 3181
Chinta Ria, 94 Acland St, St Kilda 3182
Chris's Restaurant, Cumberland Resort, Lorne 3232
Clogs, 106 Pall Mall, Bendigo 3550
Club Deli Catering, 582 St Kilda Road, Melbourne 3000
Clugs Pizza House, 104-106 Pall Mall, Bendigo 3550
Colmao Flamenco Restaurant, 60 Johnston St, Fitzroy 3065
Colonial Tramcar Company, The, Level 1, 319 Clarendon Street, South Melbourne 3205
Coriander Thai Restaurant, 2/29 Fitzroy St, St Kilda 3182
Country Cottage Fine Foods, Napier St, Bendigo 3550
Cuckoo Restaurant, Mt Dandenong Tourist Rd, Olinda 3788
Daniel Gerard Restaurant, 90A Acland St, St Kilda 3182
De Bortoli Winery & Restaurant, Pinnacle La, Dixon's Creek 3775
Deli by the Sea, 25 Main Street, Mornington 3931
Deveroli's Deli, 129 Acland St, St Kilda 3182
Di Stasio Cafe, 31 Fitzroy St, St Kilda 3182
Don Camillo, 215 Victoria Street, West Melbourne 3033
Doof 326 Brunswick Street Fitzroy Vic 3065
Dromana Cafe, Dromana Hub, Nepean Hwy, Dromana 3936
Empress of China, 120 Little Bourke St, Melbourne 3000
Endis Café 276 Brunswick Street Fitzroy Vic 3065
Fairy Stork Chinese Restaurant, 89 Acland St, St Kilda 3182
Fast Eddy's Restaurant, 32 Bourke Street, Melbourne 3000
Fasta Pasta, 145 Burwood Hwy, Burwood East 3151
Fasta Pasta, 217 Mickleham Rd, Tullamarine 3043
Fasta Pasta, 439-463 Bell St, Preston 3072
Fasta Pasta, 593 Dorset Rd, Bayswater North 3153
Fasta Pasta, Brandon Park Shopping Centre, Springvale Rd, Mulgrave 3170
Fasta Pasta, Shop 10 Ringwood Plaza, bond St, Ringwood 3134
Fiori Restaurant, 205 Pakenham St, Echuca 3564
Florentino's Restaurant, 80 Bourke Street, Melbourne 3000
Flower Drum Restaurant, 103 Little Bourke Street, Melbourne 3000
Fortuna Village, 235 Little Bourke St, East Melbourne 3002
Frenchy's Restaurant, 80 Jolimont St, East Melbourne 3002
Garuda Indonesian Restaurant 262 Brunswick Street Fitzroy 3065
Geelong Lyric Nightclub, Cnr Gheringhap & Lt. Ryrie Streets, Geelong 3220
Golden Orchids Malaysian, 298 Lygon St, Carlton 3053
Greasy Joe's, 68 Acland St, St Kilda 3182
Guernica 257 Brunswick Street Fitzroy 3065
Gypsy Bar 334 Brunswick Street Fitzroy 3065
Haggers, 268 Toorak Rd, South Yarra 3141
Hoot On Brunswick 197a Brunswick Street Fitzroy 3065
Hydrometer's Café 263 Brunswick Street Fitzroy 3065
Il Cantuccio Restaurant, 209 Lygon St, Carlton 3053
Il Duca Cafe, 55 Little Bourke St, Melbourne 3000
Il Duca Restaurant, 10 Wellington Pde, East Melbourne 3002
Il Gambero, 215 Lygon St, Carlton 3053
Il Gusto Restaurant, 256 Lygon St, Carlton 3053
Il Primo, 242 Lygon St, Carlton 3053
Il Vicolo Restaurant, 50 Grattan St, Carlton 3053
Isthmus of Kra, 50 Park St, South Melbourne 3205
Jamaica House Restaurant, 106 Lygon St, Carlton 3053
Jan Bo Chinese Restaurant, 40 Little Bourke St, Melbourne 3000
Jimmy's The Original, 130 Lygon St, Carlton 3053
Joe's Garage, 366 Brunswick Street, Fitzroy 3065
Jooce Nightclub, 93 Maroondah Highway, Ringwood 3136
Kelly and Nankervis, 18 Cecil Street, Williamstown 3016
Key on the Wall Restaurant, 336 Lygon St, Carlton, 3053
La Brasserie, 299 Toorak Rd, South Yarra 3141
La Moda, 292 Lygon St, Carlton 3053
La Porchetta Pizza Restaurant, 14 Walpole St, Kew 3101
La Porchetta Pizza Restaurant, 281 Spring St, Reservoir 3073
La Porchetta Pizza Restaurant, 315 Main St, Lilydale 3140
La Porchetta Pizza Restaurant, 93 Toorak Rd, South Yarra 3141
La Porchetta, 191 Upper Heidelberg Rd, Ivanhoe 3079
Lambs Restaurant, 205 Malvern Rd, Prahran 3181
Lambs Restaurant, 305 High St, Northcote 3070
Lambs Restaurant, 328 Bridge St, Richmond 3121
Lambs Restaurant, 98 Lygon St, Carlton 3053
Last Aussie Fish Cafe, 256 Park Street, South Melbourne 3205
Lazar's Restaurant, 240 King Street, Melbourne 3000
Lemongrass Thai Royal Cuisine, 189 Lygon St, Carlton 3053
Leo's Spaghetti Bar, 55 Fitzroy St, St Kilda 3182
Lone Star Steakhouse and Saloon, 121 Tompson Road, Panania NSW 2213
[PR969574] Lone Star Steakhouse and Saloon (Victoria) Pty Ltd, C/- Agnew D’Arcy Legal, 140 William Street, East Sydney NSW 2010
Lovey's Restaurant, Lot 4, Melba Highway, Yarra Glen 3775
Lygon Charcoal Grill and Steakhouse, 122 Lygon St, Carlton 3053
Malthouse Cafe, 117 Sturt St, South Melbourne 3205
Mandarin Duck, 126 Lygon St, Carlton 3053
Marchetti's Latin Restaurant, 55 Lonsdale St, Melbourne 3000
Mario's Café 303 Brunswick Street Fitzroy 3065
Mask of China Restaurant, 117 Little Bourke St, Melbourne 3000
Mee Ging Chinese Restaurant, 92B Acland St, St Kilda 3182
Melbourne Metro Nightclub, 20 Bourke Street Melbourne 3000
Melbourne Underground, 22-24 King Street, Melbourne 3000
Menis Cafe, 16 Fitzroy St, St Kilda 3182
Mid Valley Cafe, Mid Valley Shopping Centre, Morwell 3840
Monroe's Restaurant and Bar, 79-81 Fitzroy St, St Kilda 3182
Monsoon, 1123 High St, Armadale 3143
Nathania Springs, Olinda Monbulk Rd, Monbulk 3793
Nawab's Indian Cuisine 312 Brunswick Street Fitzroy 3065
New York Bakery, Sovereign Hill, Ballarat 3350
Nyala African Restaurant, 131 Brunswick St, Fitzroy 3065
Nyonya Malaysian Restaurant, 191 Lygon St, Carlton 3053
Oasis Palms, 217 Bay City Plaza, Geelong 3220
Oriental Gourmet Restaurant, 112 Little Bourke St, Melbourne 3000
Osaka Japanese Restaurant, Shop 6, 112 Acland St, St Kilda 3182
Paragon Cafe, 651 Rathdowne St, Carlton 3053
Paris Go Restaurant, 116 Rathdowne St, Carlton 3053
Pasta Galore, 21 Bond Street, Melbourne 3000
Pasta Veloce, 181 Lygon St, Carlton 3053
Patee Thai Restaurant 371 Brunswick Street Fitzroy 3065|
Patee Thai Restaurant, 135 Chapel St, Windsor 3181
Patee Thai Restaurant, 73 Fitzroy St, St Kilda 3182
Paul Brocuse French Restaurant Pty Ltd, 211 La Trobe Street, Melbourne 3000
Penang Affair, 325 Brunswick Street Fitzroy Vic 3065
Piccolo Mondo Restaurant, 240 Lygon St, Carlton 3053
Piraeus Blues Café/Restaurant, 304 Brunswick Street, Fitzroy 3065
Pitrone's Restaurant, 642 Springvale Rd, Keysborough 3173
Pizza a Metro, 132 Lygon St, Carlton 3053
Pizza Napoli, Russell St, Melbourne 3000
Platinum Club, The, 40 Moorabool Street, Geelong 3220
Quat Quatta Receptions, 17 Quat Quatta Avenue, Ripponlea 3286
Red Chilli Thai Restaurant, 223 Brunswick Street, Fitzroy 3065
Red Emperor Restaurant, Southgate St, South Melbourne 3205
Reniks Oven House, 60 Acland St, St Kilda 3182
Restaurant & Catering Association of Victoria, Level 3, 114 Flinders Street, Melbourne 3000
Rhumbaralla's Café-Bar 342 Brunswick Street Fitzroy Vic 3065
Room, The, 195 Moorabool Street, Geelong 3220
Rosati Restaurant, 95 Flinders La, Melbourne 3000
Sails on the Bay, 15 Elwood Foreshore, Elwood 3184
Sala Thai, 266 Brunswick Street, Fitzroy Vic 3065
Sale e Pepe, 232 Lygon St, Carlton, 3053
Sambuca Bar, 356 Brunswick Street, Fitzroy 3065
Sando's Indian Cuisine, 272 Brunswick Street, Fitzroy 3065
Sandringham Golf Club, Cheltenham Road, Cheltenham 3192
Scheherezade Restaurant, 99 Acland St, St Kilda 3182
Scusa Mi Ristorante & Bar, 2 Southgate St, South Melbourne 3205
Shakahari Vegetarian Restaurant, 329 Lygon St, Carlton 3053
Shanti Indian Restaurant, 285 Brunswick Street, Fitzroy 3065
Sheeps Back Diner/Bar, 120 King Street, Melbourne 3000
Siam Village Thai Restaurant, 110 Lygon St, Carlton 3053
Silvers Nightclub, 445 Toorak Rd, Toorak 3241
Simply French, 2 City Rd, South Melbourne 3205
Slattery's Cafe, 219 King St, Melbourne 3000
Smorgy's Restaurant, 299 Burwood Highway, Burwood East 3151
Smorgy's Restaurant, 415 Warrigal Road, East Burwood 3151
Smorgy's Restaurant, 415 Warrigal Road, East Burwood 3151
Smorgy's Restaurant, 523 Maroondah Highway, Ringwood 3134
Spuntino Restaurant, 56 Acland St, St Kilda 3182
St Elmos Bar, 195 King Street, Melbourne 3000
Stella Restaurant, 159 Spring St, Melbourne 3000
Stephanie's Restaurant, 405 Tooronga Road, Hawthorn East 3123
Stokehouse Restaurant, 30 Jacka Boulevard, St Kilda 3182
Stop King Pizza Restaurant, 173 Brunswick St, Fitzroy 3065
Suntory Restaurant, 74 Queens Rd, Melbourne 3000
Taco Bill Mexican Restaurant, 13A Main St, Mornington 3931
Taco Bill Mexican Restaurant, 142 Russell Street, Melbourne 3000
Taco Bill Mexican Restaurant, 174 Millers Road, Altona 3018
Taco Bill Mexican Restaurant, 200 York St, Sale 3850
Taco Bill Mexican Restaurant, 201 Nelson Parade, Williamstown 3016
Taco Bill Mexican Restaurant, 217 Moorabool St, Geelong 3220
Taco Bill Mexican Restaurant, 218 Dorset Rd, Boronia 3155
Taco Bill Mexican Restaurant, 297 Wattletree Road, Malvern East 3145
Taco Bill Mexican Restaurant, 312 Bay Street, Brighton 3186
Taco Bill Mexican Restaurant, 36 Langtree Ave, Mildura 3500
Taco Bill Mexican Restaurant, 375 Clarendon Street, South Melbourne 3205
Taco Bill Mexican Restaurant, 4 Princess Highway, Beaconsfield 3807
Taco Bill Mexican Restaurant, 431 Nepean Highway, Frankston 3199
Taco Bill Mexican Restaurant, 465 Riversdale Road, Camberwell 3124
Taco Bill Mexican Restaurant, 465 Riversdale Road, Hawthorn East 3123
Taco Bill Mexican Restaurant, 51 Synott Street, Werribee 3030
Taco Bill Mexican Restaurant, 58 Leibig St, Warrnambool 3280
Taco Bill Mexican Restaurant, 611 Balcome Road, Blackrock 3193
Taco Bill Mexican Restaurant, 697 Whitehorse Rd, Mitcham 3132
Taco Bill Mexican Restaurant, 697 Whitehorse Road, Mitcham 3132
Taco Bill Mexican Restaurant, 72 Maroondah Highway, Croydon 3136
Taco Bill Mexican Restaurant, 82 Renshaw Street, Doncaster East 3109
Taco Bill Mexican Restaurant, 82 Unitt Street, Melton 3337
Taco Bill Mexican Restaurant, 888 Princess Hwy, Springvale 3171
Taco Bill Mexican Restaurant, 99 Queens Parade, Clifton Hill 3068
Teppanyaki Inn, 182 Collins St, Melbourne 3000
Thai Thani 293 Brunswick Street Fitzroy 3065
The Aegean, 19 Brunswick St, Fitzroy 3065
The Angle Café 386-388 Brunswick Street Fitzroy 3065
The Bullring, 95 Johnston St, Fitzroy 3065
The Comedy Club, 380 Lygon St, Carlton 3053
The Fitz Café 47 Brunswick Street Fitzroy 3065
The Golden Lobster, 171 Lygon St, Carlton 3053
The Hard Rock Café, Corner Bourke and Spring Streets, Melbourne 3000
The Ivy, 147 Flinders Lane, Melbourne 3000
The Jetty Restaurant, The Esplanade, Cowes 3922
The Planet Café 386-388 Brunswick Street Fitzroy 3065
The Retro, 413 Brunswick St, Fitzroy 3065
The River Seafood Grill, Southgate St, South Melbourne 3205
The Sandbar Winebar, 45 Langtree Avenue, Mildura 3500
The Street Cafe, 23 Fitzroy, St, St Kilda 3182
The Vegie Bar, 378 Brunswick Street, Fitzroy 3065
Toki Restaurant, 88 Grattan St, Carlton 3053
Tolarno Bistro, 42 Fitzroy St, St Kilda 3182
Toofey's, 162 Elgin St, Carlton 3053
Topolino's Pizza, 87 Fitzroy St, St Kilda 3182
Tota's Pizza House Restaurant, 99-101 Lygon Street, Carlton 3053
Toto's Pizza House Pty Ltd, 191 Burgundy St, Heidelberg 3084
Toto's Pizza House Pty Ltd, 403 Keilor Rd, Niddrie 3042
Toto's Pizza House Pty Ltd, 677 Glenhuntly Rd, Caulfield 3162
Toto's Pizza House Pty Ltd, Cnr High & Separation Sts, Northcote 3070
Toto's Restaurant, 797 Glenferrie Rd, Hawthorn 3122
Travellers Aid Society of Victoria, 2nd Floor, 169 Swanston Street, Melbourne 3000
Trotters Restaurant, 400 Lygon St, Carlton 3053
Tunnel, 590 Little Bourke Street, Melbourne 3000
Tuscan Grill, 52 Lennox St, Richmond 3121
Universal Pizza Restaurant, 129 Lygon St, Carlton 3053
University Cafe-Universita Bar, 257 Lygon St, Carlton 3053
Variations Family Restaurant, Gippsland Centre, Shop 12, Sale 3850
Vertigo, 315 Brunswick Street, Fitzroy, 3065
Via Veneto Restaurant, 234 Lygon St, Carlton 3053
Victorian Employers' Chamber of Commerce and Industry, 50 Burwood Road, Hawthorn 3122
Vineyard Bar-B-Q, 71A Acland Street, St Kilda 3182
Virginia's Café, 231 Brunswick Street, Fitzroy, 3065
Waldorf Cafe Pty Ltd, 155 Fitzroy St, St Kilda 3182
Walit Pty Ltd, 11 Dallas Street, Mentone 3182
Wall Street, 125 Swanston Street, Melbourne 3000
Warehouse Nightclub, 14A Claremont Street, South Yarra 3141
Watson's Wine Salon, 333 Lygon Street, Carlton 3053
Windows on the Bay, Beach Rd, Mordialloc 3195
Yin Chuan Restaurant, 92C Acland St, St Kilda 3065
Zulu Dance Club, 5 James Street, Geelong 3220

ROPING-IN AWARD NO. 1 OF 1998

[Roping-in Award No. 1 of 1998 inserted by Q3292 ppc 01Jul98]


1 – TITLE

This award shall be known as Liquor and Accommodation Industry – Restaurants – Victoria – (Roping-in No. 1) Award 1998.

2 – PARTIES BOUND

This award shall be binding upon the Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members and all employers whose names are set out in the Schedule of Respondents hereto in respect of their employees, whether members of the union or not, engaged in the performance of work within the scope of the award.

3 – APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Liquor and Accommodation Industry – Restaurants – Victoria – Award 1998 [Print Q2803 ([L0289]], as varied from time to time, shall apply.

4 – OPERATION

This award shall come into force from the beginning of the first pay period to commence on or after 1 July 1998 and remain in force for a period of 12 months.

SCHEDULE OF RESPONDENTS

The Employer
The Employer
The Duck Pty Ltd
‘Heat’ Niteclub and Bar
Shop 11/12
Shop 51
Crown Entertainment Complex
Crown Entertainment Complex
South Bank Vic 3006
South Bank Vic 3006


The Employer
The Employer
Café Baci’s
Odeon Cabaret
Shop 21
Shop 43
Crown Entertainment Complex
Crown Entertainment Complex
South Bank Vic 3006
South Bank Vic 3006


The Employer
The Employer
Brubakers Bagel Bar
Planet Hollywood
Shop 22
Shop 46
Crown Entertainment Complex
Crown Entertainment Complex
South Bank Vic 3006
South Bank Vic 3006


The Employer
The Employer
Lucky Chans
Automatic
Shop 42
Shop 30/31
Crown Entertainment Complex
Crown Entertainment Complex
South Bank Vic 3006
South Bank Vic 3006


The Employer

Official All Star Cafe

Shop 48

Crown Entertainment Complex

South Bank Vic 3006

ROPING-IN AWARD NO. 2 OF 1998

[Roping-in award no. 2 of 1998 inserted by Q3719 ppc 30Jun98]


1. TITLE

This award shall be known as the Liquor and Accommodation Industry – Restaurants – Victoria – Roping-in No. 2 Award – 1998.

2. PARTIES BOUND

This award shall be binding upon:

2.1 The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members;

2.2 the Restaurant and Catering Association of Victoria and its members;

2.3 the Victorian Employers’ Chamber of Commerce and Industry and its members; and

2.4 the employers as listed in Schedule A;


whether members of the union or not, engaged in the performance of work within the scope of the award.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Liquor and Accommodation Industry – Restaurants – Victoria – Award 1998 [Print Q2803 [L0289]], as varied from time to time, shall apply.

4. OPERATION

This award shall come into force from the beginning of the first pay period commencing on or after 30 June 1998 and shall remain in force for a period of six months.

SCHEDULE A - RESPONDENTS

Galatea Pty Ltd, trading as Pancake Kitchen Geelong, 48 Moorabool Street, Geelong 3220
Halnaut Unit Trust, trading as The Pancake Kitchen, 448 Nepean Highway, Frankston 3199
Lovely Pancakes Pty Ltd, trading as The Pancake Parlour Restaurants, 11th Floor, 180 Russell Street, Melbourne 3000
Pancake Parlour, 1341 Dandenong Road, Chadstone 3148
Pancake Parlour, 159 Princes Highway, Dandenong 3175
Pancake Parlour, Highpoint Shopping Centre, Maribyrnong 3032
Pancake Parlour, Centrepoint Shopping Centre, 282 Bourke Street, Melbourne 3000
Parcake Parlour, 25 Market Lane, Melbourne 3000
Pancake Parlour, Cow Camp Lane, Mount Buller 3723
Pancake Parlour, Northland Shopping Centre, Preston East 3072
Pancake Parlour, trading as Lovely Pancakes Pty Ltd, 543 Doncaster Road, Doncaster 3108
Pancake Parlour, trading as Lovely Pancakes Pty Ltd, Shop 304 Forest Hill Chase Shopping Centre, Forest Hill 3131
Pukerangi Investments Pty Ltd, trading as the Pancake Kitchen Ballarat, 2 Grenville Street, Ballarat 3350

ROPING-IN AWARD NO. 3 OF 1998

[Roping-in Award No. 3 of 1998 inserted by Q5883 ppc 28Aug98]


1. TITLE

This award shall be known as the Liquor and Accommodation Industry - Restaurants - Victoria - (Roping in No 3) Award 1998.

2. PARTIES BOUND

This award shall be binding upon the Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members and all employers whose names are set out in the Schedule of Respondents hereto in respect of their employees, whether members of the union or not, engaged in the performance of work within the scope of the award.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998 [Print Q2803 [L0289]], as varied from time to time, shall apply.

4. OPERATION

This award shall come into force from the beginning of the first pay period to commence on or after 28 August 1998 and remain in force for a period of 12 months.

SCHEDULE OF RESPONDENTS

Cafe Greco, Shop 18, Crown Entertainment Complex, SOUTH BANK VIC 3006
Waterfront, Shop 19, Crown Entertainment Complex, SOUTH BANK VIC 3006

ROPING-IN AWARD NO. 1 OF 1999

[Roping-in Award No. 1 of 1999 inserted by R6718 ppc 29Jun99]


1 - TITLE

This award shall be known as the Liquor and Accommodation Industry - Restaurants - Victoria - (Roping-in No 1) Award 1999.

2 - PARTIES BOUND

This award shall be binding upon:

(a) The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members; and

(b) The employers listed below in respect of their employees, whether members of the union or not, engaged in the performance of work within the scope of the award:

La Porchetta Pizza Restaurant, 308 Victoria Street, NORTH MELBOURNE, VIC, 3051
Trastevere Restaurant, 306 Toorak Road, SOUTH YARRA, VIC, 3141
Mr Munchy, 7 Fitzroy Street, ST.KILDA, VIC, 3182
Kebabs on the Range, Shop 13, 71 Kororoit Creek Rd, WILLIAMSTOWN, VIC, 3016
One Fitzroy Street St.Kilda Restaurant & Bar, 1 Fitzroy Street, ST.KILDA, VIC, 3182
Cicciolina Restaurant, 130A Acland Street, ST.KILDA, VIC, 3182
Cafe Florentine, 24 Church Street, BRIGHTON, VIC, 3186
Oma’s Pancake Restaurant, 4 Bell Street, YARRA GLEN, VIC, 3775
Deronigo Pty Ltd, Ballara Receptions, 1435 Main Road, ELTHAM, VIC, 3095
Becco, 11-25 Crossley Street, MELBOURNE, VIC, 3000
Luxe, 15 Inkerman Street, ST.KILDA, VIC, 3182
Atlantic Restaurant, 54 Fitzroy Street, ST.KILDA, VIC, 3182
Davinci’s Bistro, 304 Toorak Road, SOUTH YARRA, VIC, 3141
Donovans, 40 Jacka Boulevard, ST.KILDA, VIC, 3182
Roberto Ristorante, 31 Russell Street, MELBOURNE, VIC, 3000
Langtons Restaurant & Wine Bar, 61 Flinders Lane, MELBOURNE, VIC, 3000
Veludo Bar Restaurant, 175A Acland Street, ST.KILDA, VIC, 3182
Sapore Ristorante, 3-5 Fitzroy Street, ST.KILDA, VIC, 3182
Est Est Est, 440 Clarendon Street, SOUTH MELBOURNE, VIC, 3205
Italy I Holdings Pty Ltd, 27 George Parade, MELBOURNE, VIC, 3000
Cafe Banff, 145 Fitzroy Street, ST.KILDA, VIC, 3182
Bistro 1, 126 Little Collins Street, MELBOURNE, VIC, 3000
Sports Australia Pty Ltd, Unit 1, 97 Lewis Road, WANTIRNA, VIC, 3152


3 - APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998, as varied from time to time, shall apply.

4 - OPERATION

This award shall come into force from the beginning of the first pay period to commence on or after 29 June 1999 and shall remain in force for six months.

ROPING-IN AWARD NO. 2 OF 1999

[Roping-in Award No. 2 of 1999 inserted by R6721 ppc 05Aug99]


1 - TITLE

This award shall be known as the Liquor and Accommodation Industry - Restaurants - Victoria - (Roping-in No 2) Award 1999.

2 - PARTIES BOUND

This award shall be binding upon:

(a) The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members; and

(b) Wharf Shed Complex Pty Ltd, 15 Eastern Beach, GEELONG, VIC, 3220 in respect of its employees, whether members of the union or not, engaged in the performance of work within the scope of the award.

3 - APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998, as varied from time to time, shall apply.

4 - OPERATION

This award shall come into force from the beginning of the first pay period to commence on or after 5 August 1999 and shall remain in force for six months.

ROPING-IN AWARD NO. 3 OF 1999

[Roping-in Award No. 3 of 1999 inserted by S3284 ppc 2Aug99]


1 - TITLE

This award shall be known as the Liquor and Accommodation Industry - Restaurants - Victoria (Roping-in No. 3) Award 1999.

2 - PARTIES BOUND

This award shall be binding upon:

(a) The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members; and

(b) The employers listed in Schedule ‘A’ in respect of their employees, whether members of the union or not, engaged in the performance of work within the scope of the award.

3 - APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998, as varied from time to time, shall apply.

4 - OPERATION

This award shall come into force from the beginning of the first pay period which commenced on or after 2 August 1999 and shall remain in force for a period of six months.

SCHEDULE A

23 September 1998

Final List of Employers LHMU pursued roping-in award for

Title
Company
Address 1
City
State
Post Code






The Employer
207 Nick’s Bar
211 Queen Street
MELBOURNE
VIC
3000
The Employer
A La Carte Pizza & Pasta
100 Burgundy Street
HEIDELBERG
VIC
3084
The Employer
Abacus Chinese Restaurant
28 Stuart Avenue
HAMPTON PARK
VIC
3976
The Employer
Aberdeen Lakes Chinese Restaurant
Thompson Road Cnr Wells Road
PATTERSON LAKES
VIC
3197
The Employer
Accettas Woodfired Pizza House
187 Watton Street
WERRIBEE
VIC
3030
The Employer
ACS Australian Catering Services
11 Edward Street
SANDRINGHAM
VIC
3191
The Employer
Adana Restaurant
848 Sydney Road
BRUNSWICK
VIC
3056
The Employer
Adriano’s Restaurant
1395 Sydney Road
FAWKNER
VIC
3060
The Employer
Adriatica Restaurant
90 Lynch Road
FAWKNER
VIC
3060
The Employer
Africa Bar Restaurant
99 Smith Street
FITZROY
VIC
3065
The Employer
African Tukul Eating House
425 Chapel Street
SOUTH YARRA
VIC
3141
The Employer
Agapi Restaurant
262 Swan Street
RICHMOND
VIC
3121
The Employer
Agostinos Pizza Restaurant
647 High Street
KEW EAST
VIC
3102
The Employer
Akbar Indian Restaurant
475 South Road
MOORABBIN
VIC
3189
The Employer
Akita Japanese Restaurant
Courtney St, Cnr Blackwood Street
NORTH MELBOURNE
VIC
3051
The Employer
Akiyoshi Restaurant
134 Bourke Street
MELBOURNE
VIC
3000
The Employer
Akvavit Swedish Restaurant
3A Southgate Street
SOUTH MELBOURNE
VIC
3205
The Employer
Al Pesto
161 Railway Avenue
LAVERTON
VIC
3028
The Employer
Alasya 2 Restaurant
555 Sydney Road
BRUNSWICK
VIC
3056
The Employer
Alasya 2 Restaurant
163 Sydney Road
BRUNSWICK
VIC
3056
The Employer
Albion Bar & Bistro
327 Lonsdale Street
DANDENONG
VIC
3175
The Employer
Aldanny’s
58 Childs Road
EPPING
VIC
3076
The Employer
Alexandra Pizza Restaurant
112 Grant Street
ALEXANDRA
VIC
3714
The Employer
Alexandria Receptions
30 Lydiard (North) Street
BALLARAT
VIC
3350
The Employer
Alfio’s Pizzeria & Bistro
38 Bell Street
TORQUAY
VIC
3228
The Employer
Alfresco Catering
688 Queensberry Street
NORTH MELBOURNE
VIC
3051
The Employer
All Rivers Restaurant
Northern Highway
ECHUCA
VIC
3664
The Employer
Alley Blue
362 Little Bourke Street
MELBOURNE
VIC
3000
The Employer
Arinda Holiday Apartments
3 Elizabeth Street
MILDURA
VIC
3500
The Employer
Bahn Thai Restaurant
163 Commercial Road
SOUTH YARRA
VIC
3141
The Employer
Bai-Yok Thai Restaurant
244 Glen Eira Road
ELSTERNWICK
VIC
3185
The Employer
Bairnsdale Pizza
237 Main Street
BAIRNSDALE
VIC
3875
The Employer
Baitong Thai Restaurant
1398 High Street
MALVERN
VIC
3144
The Employer
Bakery The Restaurant
106 Watt Street
WONTHAGGI
VIC
3995
The Employer
Bala’s Café
ID Shakespeare Grove
ST KILDA
VIC
3182
The Employer
Ballarat Rendezvous Cafe
54 Lydiard (North) Street
BALLARAT
VIC
3350
The Employer
Ballarat Village Conference Centre
613 Main Road
BALLARAT
VIC
3350
The Employer
Ballarat’s French Kitchen
1340 Sturt Street
BALLARAT
VIC
3350
The Employer
Bamboleo Spanish Restaurant
86 Lt Malop Street
GEELONG
VIC
3220
The Employer
Bamboo Chopsticks Restaurant
10 Mitchell Street
DONCASTER EAST
VIC
3109
The Employer
Bamboo Cottage Chinese Restaurant
93 High Street
HASTINGS
VIC
3915
The Employer
Bamboo House Restaurant
47 Lt Bourke Street
MELBOURNE
VIC
3000
The Employer
Bamboo Palace BYO Chinese Restaurant
356 Pascoe Vale Road
ESSENDON NORTH
VIC
3041
The Employer
Banana Leaf Curry House
195 Lt Bourke Street
MELBOURNE
VIC
3000
The Employer
Bangkok Thai Restaurant
651 Nicholson Street
CARLTON NORTH
VIC
3054
The Employer
Banjo’s BYO Cafe
26 George Street
MOE
VIC
3825
The Employer
Bar Flies Cafe Bar
16 Bourke Street
MELBOURNE
VIC
3000
The Employer
Barbarino’s The Place For Ribs
474 St Kilda Road
MELBOURNE
VIC
3000
The Employer
Barlaw Catering
1294 Dandenong Road
MURRUMBEENA
VIC
3163
The Employer
Bazzani Restaurant, Bar & Nightclub
Icon Bar, Howard Place
BENDIGO
VIC
3550
The Employer
Birallee Tavern
97-99 Melrose Drive
WODONGA
VIC
3690
The Employer
Bluestone Cottage Tea Rooms
78 Piper Street
KYNETON
VIC
3444
The Employer
Bower Restaurant
62 King Street
COHUNA
VIC
3568
The Employer
British & American Chinese Restaurant
84 Eaglehawk Road
BENDIGO
VIC
3550
The Employer
Cafe Bizzarri
470 Toorak Road
TOORAK
VIC
3142
The Employer
Cafe Bombay Indian Restaurant
396 Bay Street
PORT MELBOURNE
VIC
3207
The Employer
Cafe Botticelli
111 Pakington Street
GEELONG WEST
VIC
3218
The Employer
Cafe Cinzano
97 Seymour Street
TRARALGON
VIC
3844
The Employer
Cafe Clarendon
238 Clarendon Street
SOUTH MELBOURNE
VIC
3205
The Employer
Cafe Clowns
30 Puckle Street
MOONEE PONDS
VIC
3039
The Employer
Cafe Cosmo
6 Carlisle Street
ST KILDA
VIC
3182
The Employer
Cafe Da Vinci
21 Station Street
OAKLEIGH
VIC
3166
The Employer
Cafe De France
336 Burwood Road
HAWTHORN
VIC
3122
The Employer
Cafe Dom The Granite Bar
499 St Kilda Road
MELBOURNE
VIC
3000
The Employer
Cafe Feedwell
95 Greville Street
PRAHRAN
VIC
3181
The Employer
Cafe Ferrara
272 Chapel Street
PRAHRAN
VIC
3181
The Employer
Cafe K
35 Little Bourke Street
MELBOURNE
VIC
3000
The Employer
Cafe La Strada
1102 High Street
ARMADALE
VIC
3143
The Employer
Cafe Lambada
306 Glenhuntly Road
ELSTERN WICK
VIC
3185
The Employer
Cafe Lanka
Glenelg Highway
SMYTHESDALE
VIC
3351
The Employer
Cafe Legend
534 Burwood Road
HAWTHORN
VIC
3122
The Employer
Cafe Montague
315 Montague Street
ALBERT PARK
VIC
3206
The Employer
Cafe Naturale
331 Lyttleton TCE
BENDIGO
VIC
3550
The Employer
Cafe Nepean
389 Nepean Highway
FRANKSTON
VIC
3199
The Employer
Cafe Noir
1206 High Street
ARMADALE
VIC
3143
The Employer
Cafe Olive Bar & Pizza Bistro
356 Queens Parade
FITZROY NORTH
VIC
3068
The Employer
Cafe Palms
1035 Mt Alexander Road
ESSENDON
VIC
3040
The Employer
Cafe Spiral
Cnr Bendigo Street & Myer Street
BENDIGO
VIC
3550
The Employer
Caulfield Tabaret
Station Street
CAULFIELD
VIC
3162
The Employer
Centrale Caffe Bar Trattoria
144 Bridge Road
RICHMOND
VIC
3121
The Employer
Chaplins Coffee Shop
48 Williamson Street
BENDIGO
VIC
3550
The Employer
City Colonial Motor Inn
22 Madden Avenue
MILDURA
VIC
3500
The Employer
Clogs Café Restaurant
106 Pall Mall
BENDIGO
VIC
3550
The Employer
Cock & Bull Restaurant
17 Warren Street
ECHUCA
VIC
3664
The Employer
CPS CaTering Pty Ltd & Ashlyn Crest Pty Ltd
220 Plenty Road
PRESTON
VIC
3072
The Employer
D’Amico Eating House
59 Vincent Road
WANGARATTA
VIC
3677
The Employer
Da Nunzio’s
25A Moore Street
MOE
VIC
3825
The Employer
Da Sandro Ristorante
684 High Street
KEW EAST
VIC
3102
The Employer
Da Vinci’s Bistro
304 Toorak Road
SOUTH YARRA
VIC
3141
The Employer
Dahu Peking Duck Restaurant
171 Lt Bourke Street
MELBOURNE
VIC
3000
The Employer
Dai Sun Restaurant
360 Bay Street
BRIGHTON
VIC
3186
The Employer
Daimonji Japanese Restaurant
211 Latrobe Street
MELBOURNE
VIC
3000
The Employer
Dalat Restaurant
270 Victoria Street
NORTH MELBOURNE
VIC
3051
The Employer
Dallas Deli
182 Victoria Parade
EAST MELBOURNE
VIC
3002
The Employer
Damiani Bistro
229 High Street
KEW
VIC
3101
The Employer
Damieri Italian Bistro
259 Springvale Road
GLEN WAVERLEY
VIC
3150
The Employer
Dan Hung Restaurant
140 Victoria Street
RICHMOND
VIC
3121
The Employer
Dao Vien Restaurant
22 Buckingham Avenue
SPRINGVALE
VIC
3171
The Employer
Dats Amore Restaurant & Pizza
325 Stephensons Road
MOUNT WAVERLEY
VIC
3149
The Employer
De Lacy Restaurant
29 Niagara Lane
MELBOURNE
VIC
3000
The Employer
De Montrose Chinese Restaurant
926 Mt Dandenong Tourist Road
MONTROSE
VIC
3765
The Employer
De Niro’s Pizza & Pasta Restaurant
127 Thompson Street
HAMILTON
VIC
3300
The Employer
Defazio’s Italian Bistro
155 Whitehorse Road
BLACKBURN
VIC
3130
The Employer
Delicious Chinese Restaurant
350 High Street
MELTON
VIC
3337
The Employer
Dragon Garden Chinese Restaurant
463 Main Street
MORDIALLOC
VIC
3195
The Employer
Dragon Gate Chinese Restaurant
1 Thomas Street
BENALLA
VIC
3672
The Employer
Dragon of China Restaurant
960 Centre Road
OAKLEIGH
VIC
3166
The Employer
Dragon Palace Restaurant
243 Princes Highway
MORWELL
VIC
3840
The Employer
Dragon Sea Restaurant
187 Nelson Place
WILLIAMSTOWN
VIC
3016
The Employer
Dragon Temple Restaurant
25 Somers Parade
ALTONA
VIC
3018
The Employer
Dragon Tower Chinese Restaurant
29 Langtree Avenue
MILDURA
VIC
3500
The Employer
Dragon Valley Chinese Restaurant
41 Holmes Road
MOONEE PONDS
VIC
3039
The Employer
Drools Restaurant
98 Canterbury Road
KILSYTH
VIC
3137
The Employer
Duart Reception Rooms
20 McLean Street
MAFFRA
VIC
3860
The Employer
Dunyazad Lebanese Restaurant
329 Doncaster Road
BALWYN NORTH
VlC
3104
The Employer
Dutchies Stonegrill Restaurant
1 Vista Place
CAPE WOOLAMAI
VIC
3925
The Employer
E&G Beker Charcoal Grill
304 High Street
NORTHCOTE
VIC
3070
The Employer
E’S
153 Bay Street
PORT MELBOURNE
VIC
3207
The Employer
Eaglehawk Pizza Parlour
14 High Street
EAGLEHAWK
VIC
3556
The Employer
Eagles Nest Restaurant
86 Yarra Street
HEIDELBERG
VIC
3084
The Employer
Ease Garden Chinese Restaurant
Cnr Walker Street & McCrae Street
DANDENONG
VIC
3175
The Employer
East Ocean Restaurant
228 Station Street
THOMASTOWN
VIC
3074
The Employer
Eastern Bell Chinese Restaurant
399 Belmore Road
BALWYN EAST
VIC
3129
The Employer
Eastern Court Restaurant
123 James Street
TEMPLESTOWE
VIC
3106
The Employer
Eastern Inn Chinese Restaurant
390 Queens Parade
CLIFTON HILL
VIC
3068
The Employer
Eastern Pearl
18 Russell Street
ESSENDON
VIC
3040
The Employer
Eathern Oven
Shop 3, 432 Mitcham Road
MITCHAM
VIC
3132
The Employer
Echuca Cellar Door Restaurant
2 Ratcliffe Street
ECHUCA
VIC
3664
The Employer
Edwardes Tavern
1 Moorefield Park Road
WODONGA
VIC
3690
The Employer
Ellimatta Restaurant & Guest House
233 Barker Street
CASTLEMAINE
VIC
3450
The Employer
Erawan Thai Restaurant Pty Ltd
205 Swan Street
RICHMOND
VIC
3121
The Employer
Eureka Pasta & Pizza House
23 Sturt Street
BALLARAT
VIC
3350
The Employer
Everest Indian Restaurant
85 Station Street
FAIRFIELD
VIC
3078
The Employer
Fairview Café Restaurant
45 King Street
BENDIGO
VIC
3550
The Employer
Fairy Bird Chinese Eating House
266 Nepean Highway
EDITHVALE
VIC
3196
The Employer
Farnham Court Restaurant
Cnr Princes Highway Monash Way
MORWELL
VIC
3840
The Employer
Fazzani’s Castle Restaurant
Waratah Way
COCKATOO
VIC
3781
The Employer
Fellinis Café
305 Exhibition Street
MELBOURNE
VIC
3000
The Employer
Ferringgi Malaysian Restaurant
984 Whitehouse Road
BOX HILL
VIC
3128
The Employer
Fettuccine Restaurant
Hume Highway
EUROA
VIC
3666
The Employer
Fiesta Café
72 Grant Street
ALEXANDRA
VIC
3714
The Employer
Fiesta Mexican Restaurant
175 Toorak Road
SOUTH YARRA
VIC
3141
The Employer
Figaro Restaurant Bar
98 Smith Street
COLLINGWOOD
VIC
3066
The Employer
Figgy’s Place
300 Bay Street
BRIGHTON
VIC
3186
The Employer
Finch’s CaTering Pty Ltd
I Chapel Street
FITZROY
VIC
3065
The Employer
Fiorelli Restaurant
209 Camberwell Road
HAWTHORN EAST
VIC
3123
The Employer
Fish House Restaurant
541 Chapel Street
SOUTH YARRA
VIC
3141
The Employer
Fish out of Water Catering
28 Fulham Road
ALPHINGTON
VIC
3078
The Employer
Fish Out Of Water Catering
54 Kilby Road
KEW EAST
VIC
3102
The Employer
Fy-Gee Chinese Restaurant
215 Pakenham Street
ECHUCA
VIC
3664
The Employer
Gallenti’s BYO Pizza Restaurant
19 Royton Street
BURWOOD EAST
VIC
3151
The Employer
Galleria Deli Bistro
385 Bourke Street
MELBOURNE
VIC
3000
The Employer
Ganesh Indian Restaurant
76 South Parade
BLACKBURN
VIC
3130
The Employer
Gateway Bistro
312 St. Kilda Road
MELBOURNE
VIC
3000
The Employer
Gatzby’s Cocktail Bar & Restaurant
338 Keilor Road
NIDDRIE
VIC
3042
The Employer
Gavels Licensed Restaurant
7 Queen Street
MELBOURNE
VIC
3000
The Employer
Gaylord Tandoori Indian Restaurant
4 TaThe Employerrsalls Lane
MELBOURNE
VIC
3000
The Employer
Gazebo Restaurant
196 Faraday Street
CARLTON
VIC
3053
The Employer
Gaztronomy Cafe & Restaurant
15 Church Street
MORWELL
VIC
3840
The Employer
Genevieve’s Pty Ltd
127 Queensberry Street
CARLTON
VIC
3053
The Employer
Genies Café
78 Monbulk Road
KALLISTA
VIC
3791
The Employer
Giorgio’s on the Port
527 High Street
ECHUCA
VIC
3664
The Employer
Globe Garden Restaurant
81 Forest Street
CASTLEMAINE
VIC
3450
The Employer
Golden Gully Restaurant
78 Woodward Road
GOLDEN SQUARE
VIC
3555
The Employer
Golden Star Chinese Restaurant
382 Hargreaves Street
BENDIGO
VIC
3550
The Employer
Goldfields Restaurant
Ballarat Road
MARYBOROUGH
VIC
3465
The Employer
Grey Stanes
57 Queen Street
BENDIGO
VIC
3550
The Employer
Guzel Istanbul Restaurant
102 Nepean Highway
Mentone
VIC
3194
The Employer
Hanabishi Japanese Restaurant
187 King Street
MELBOURNE
VIC
3000
The Employer
Handi’s Indian Restaurant
156 Springvale Road
NUNA WADING
VIC
3131
The Employer
Hang Seng
1133 Toorak Road
HARTWELL
VIC
3124
The Employer
Hanna’s Pizza Restaurant
32 Gladstone Road
DANDENONG NORTH
VIC
3175
The Employer
Happy Four Chinese Restaurant
65 Anderson street
YARRAVILLE
VIC
3013
The Employer
Happy Holiday Chinese Restaurant
138 Thompson Street
COWES
VIC
3922
The Employer
Happy Inn
723 Nicholson Street
CARLTON
VIC
3053
The Employer
Happy Palace Restaurant
87 Bourke Street
MELBOURNE
VIC
3000
The Employer
Happy Phoenix Restaurant
364 Malvern Road
PRAHRAN
VIC
3181
The Employer
Harbour Inn Chinese Restaurant
52 Pier Street
ALTONA
VIC
3018
The Employer
Harlequin Café Restaurant
303 Forest Hill Shopping Centre
FOREST HILL
VIC
3131
The Employer
Harry’s Restaurant
50 Little Malop Street
GEELONG
VIC
3220
The Employer
Harvest Café
29 Albert Street
DAYLESFORD
VIC
3460
The Employer
Ian’s Catering
15 Prospect Hill Crescent
HURSTBRIDGE
VIC
3099
The Employer
Ichibanya Pty Ltd
227 Collins Street
MELBOURNE
VIC
3000
The Employer
Ida’s By The Sea
28 The Esplanade
TORQUAY
VIC
3228
The Employer
IL Caminetto
114 Pascoe Vale Road
MOONEE PONDS
VIC
3039
The Employer
IL Ciccio’s
Camp Road Cnr. Hume Highway
CAMPBELLFIELD
VIC
3061
The Employer
IL Duca Café
55 Little Bourke Street
MELBOURNE
VIC
3000
The Employer
IL Forno Pizza Bistro
269 Hampton Street
HAMPTON
VIC
3188
The Employer
IL Mondo Spaghetti Bar
1895 Dandenong Road
CLAYTON
VIC
3168
The Employer
IL Padrino Restaurant
35 Malop Street
GEELONG
VIC
3220
The Employer
IL Posto Pizza & Pasta Restaurant
217 Nelson Place
WILLIAMSTOWN
VIC
3016
The Employer
J & M Catering Pty Ltd
1037 Grevillea Road
WENDOUREE
VIC
3355
The Employer
Jacks Satay Bar
571 Mt. Alexander Road
MOONEE PONDS
VIC
3039
The Employer
Jacobsen’s at the Cottonwood
326 Deakin Avenue
MILDURA
VIC
3500
The Employer
Jacques Reymond Restaurant
78 Williams road
PRAHRAN
VIC
3181
The Employer
Jade Bambo
Blackburn Road Cnr. Dandenong Road
CLAYTON
VIC
3168
The Employer
Jade Court Chinese Restaurant
1179 Nepean Highway
ROSEBUD
VIC
3939
The Employer
Jade Kew Restaurant
4 Walpole Street
KEW
VIC
3101
The Employer
Jade Palace Restaurant
3 Ferguson Street
WILLIAMSTOWN
VIC
3016
The Employer
Jade Pavilion Chinese Restaurant
1057 Burwood Highway
FERNTREE GULLY
VIC
3156
The Employer
Jade Phoenix Chinese Restaurant
3 Cheviot Road
CAMPBELLFIELD
VIC
3061
The Employer
Jade Valley Restaurant
Main Road
BELGRAVE
VIC
3160
The Employer
Jade Village Chinese Restaurant
602A Whitehorse Road
MITCHAM
VIC
3132
The Employer
Jake’s Steak & Seafood Restaurant
9 Cusack Street
WANGARATTA
VIC
3677
The Employer
Jakkajan’s Thai Restaurant
32 Synnot Street
WERRIBEE
VIC
3030
The Employer
Jan Chong Restaurant
70B Bulla Road
ESSENDON NORTH
VIC
3041
The Employer
Jang’s Chinese Restaurant
17 Maroondah Highway
CROYDON
VIC
3136
The Employer
Jansson’s Cottage Restaurant
14 Lock Road
RHYLL
VIC
3923
The Employer
Japan Inn
11 Keys Street
BEAUMARIS
VIC
3193
The Employer
Japanese Megumi Restaurant
433 Nepean Highway
FRANKSTON
VIC
3199
The Employer
Japanese Restaurant Little Hama
418 Bell Street
PASCOE VALE SOUTH
VIC
3044
The Employer
Jasmine Garden
Diamond Creek Plaza
DIAMOND CREEK
VIC
3089
The Employer
Jasmine House
395 Keilor Road
NIDDRIE
VIC
3042
The Employer
Jasmine Thai Restaurant
213 Sutrt Street
BALLARAT
VIC
3350
The Employer
Jin Yang Chinese Restaurant
180 High Street
KANGAROO FLAT
VIC
3555
The Employer
Jo-Joes Restaurant
4 High Street
BENDIGO
VIC
3550
The Employer
Jolly Puddler
101 Williamson Street
BEDIGO
VIC
3550
The Employer
Kaga Japanese Restaurant
580 Glenhuntly Road
ELSTERNWICK
VIC
3185
The Employer
Kaliva Restaurant
256 Swan Street
RICHMOND
VIC
3121
The Employer
Kallista Tea Rooms
Rivington Avenue, Cnr Monbulk Road
KALLISTA
VIC
3791
The Employer
Kam Moon Chinese Cafe
480 South Road
MOORABBIN
VIC
3189
The Employer
Kanpai Japanese Restaurant
569 Chapel Street
SOUTH YARRA
VIC
3141
The Employer
Kansai Japanese Restaurant
196 Warrigal Road
OAKLEIGH
VIC
3166
The Employer
Kaosarn Thai
424 Hampton Street
HAMPTON
VIC
3188
The Employer
Kappo Okita Japanese Restaurant
17 Liverpool Street
MELBOURNE
VIC
3000
The Employer
Karaoke Elm
231 Exhibition Street
MELBOURNE
VIC
3000
The Employer
Karinya Restaurant Wedding Receptions
29 Railway Road
BLACKBURN
VIC
3130
The Employer
Karuna Thai Restaurant
22 Pakington Street
GEELONG WEST
VIC
3218
The Employer
Kathmandu Kitchen
1294 Malvern Road
MALVERN
VIC
3144
The Employer
Kaynes Restaurant
701 Swanston Street
CARLTON
VIC
3053
The Employer
Kazbar Cafe Bar
481 Chapel Street
SOUTH YARRA
VIC
3141
The Employer
Khong Dynasty
275 Lytreton Terrace
BENDIGO
VIC
3550
The Employer
Kim Wah Restaurant
119 Bridge Street
BENALLA
VIC
3672
The Employer
L’osteria Restaurant
616 Nicholson Street
FITZROY NORTH
VIC
3068
The Employer
La Banque Cafe Bar & Bistro
62 Main Street
MORNINGTON
VIC
3931
The Employer
La Bella Vittoria
343 Smith Street
FITZROY
VIC
3065
The Employer
La Bombarda’s
273 Swanston Street
MELBOURNE
VIC
3000
The Employer
La Botte Pizza House
221 Melville Road
PASCOE VALE SOUTH
VIC
3044
The Employer
La Bussola Bistro
319 Lygon Street
BRUNSWICK EAST
VIC
3057
The Employer
La Camera Restaurant
446 Chapel Street
SOUTH YARRA
VIC
3141
The Employer
La Campagnola Restaurant
272 Shannon Avenue
GEELONG WEST
VIC
3218
The Employer
La Campagnola Restaurant
Torquay Road
MOUNT DUNEED
VIC
3216
The Employer
La Casareccia Bistro
653 High Street
THORNBURY
VIC
3071
The Employer
La Casetta Restaurant
1066 Centre Road
OAKLEIGH SOUTH
VIC
3167
The Employer
La Castagna
375 Nicholson Street
CARLTON NORTH
VIC
3054
The Employer
La Chaumiere Restaurant
36 Abbotsford Street
WEST MELBOURNE
VIC
3003
The Employer
La Compania Pizza Restaurant
46 High Street
KYNETON
VIC
3444
The Employer
La Contadina Restaurant
168 Rathdowne Street
CARLTON
VIC
3053
The Employer
La Difference Restaurant & Bistro
179 Albion Street
BRUNSWICK
VIC
356
The Employer
La Finestra Bistro & Restaurantl
532 Hampton Street
HAMPTON
VIC
3188
The Employer
La Fiorentina Pizza & Pasta Restaurant
125 Thompsons Road
BULLEEN
VIC
3105
The Employer
La Fontaine
12 High Street
WODONGA
VIC
3690
The Employer
La Lucciola Bistro
478 Chapel street
SOUTH YARRA
VIC
3141
The Employer
La Madrague Restaurant
171 Buckhurst Street
SOUTH MELBOURNE
VIC
3205
The Employer
La Maiella Restaurant
400 Portarlington Road
MOORLAP
VIC
3221
The Employer
La Nonna Italian Restaurant
141 Pakington Street
GEELONG WEST
VIC
3218
The Employer
La Paella Spanish Restaurant
217 Sydney Road
BRUNSWICK
VIC
3056
The Employer
LaCota Bistro
278 Toorak Road
SOUTH YARRA
VIC
3141
The Employer
Lake House Restaurant & Accommodation
King Street
DAYLESFORD
VIC
3460
The Employer
Langwarrin Chinese Restaurant
Cranbourne Road Cnr Union Road
LANGWARRIN
VIC
3910
The Employer
Lavender Tower Pty Ltd T/A Heaven Nightclub
189-195 King Street
MELBOURNE
VIC
3000
The Employer
Le Hoang Vietnamese Restaurant
40 Bay Road
SANDINGHAM
VIC
3191
The Employer
Le Marche Bar & Bistro
510 Elizabeth Street
MELBOURNE
VIC
3000
The Employer
Leonardi Restaurant & Bar
352 Blackburn Road
DONCASTER EAST
VIC
3109
The Employer
Lilydale Palace Chinese Restaurant
7 Clarke Street
LILYDALE
VIC
3140
The Employer
Limor’s Restaurant
67 Kooyong Road
CAULFIELD NORTH
VIC
3161
The Employer
Louisa’s Restaurant
Glenelg Highway
SMYTHESDALE
VIC
3351
The Employer
Lynch’s
131 Domain Road
SOUTH YARRA
VIC
3141
The Employer
Lyndon Grove Function Centre
131 Torquay Road
GROVEDALE
VIC
3216
The Employer
M Chez
380 Cotham Road
KEW
VIC
3101
The Employer
M.V. Mary Ann
607 High Street
ECHUCA
VIC
3664
The Employer
Macedonia Restaurant
199 Gertrude Street
FITZROY
VIC
3065
The Employer
Madame Butterfly Restaurant
76 Smith Street
COLLINGWOOD
VIC
3066
The Employer
Madhu’s Curry Place
120 Ayr Street
DONCASTER
VIC
3108
The Employer
Madonna’s Pizza & Spaghetti Bar
T31 Highpoint City Shopping Centre
MARIBYRNONG
VIC
3032
The Employer
Maggies Restaurant
Cnr. Clegg Road Warburton Highway
WANDIN NORTH
VIC
3139
The Employer
Magic Wood Oven Restaurant
77 High Street
BELMONT
VIC
3216
The Employer
Maharajah Indian Restaurant
109 Buckley Street
MORWELL
VIC
3840
The Employer
Maharani Indian Restaurant
164 Swan Street
RICHMOND
VIC
3121
The Employer
Mai Thai Restaurant
6 Murphy Street
SOUTH YARRA
VIC
3141
The Employer
Maidments Tea Rooms & BYO Restaurant
24 Punt Road
COBRAM
VIC
3644
The Employer
Maiko Japanese Restaurant
180 Camberwell road
HAWTHORN EAST
VIC
3123
The Employer
Maiko Japanese Restaurant
1148 High Street
ARMADALE
VIC
3143
The Employer
Mains Restaurant & Bar
1339 Main road
ELTHAM
VIC
3095
The Employer
Majestic Chinese Restaurant
129 Main Street
BACCHUS MARSH
VIC
3340
The Employer
Malacca Inn
76 Renshaw Street
DONCASTER EAST
VIC
3109
The Employer
Malaya Knox Restaurant
Shop 17, Little Burwood Highway
WANTIRNA
VIC
3152
The Employer
Malaya Restaurant
30 Crossley Street
MELBOURNE
VIC
3000
The Employer
Malayan Mandarin Restaurant
12 Wood Street
THOMASTOWN
VIC
3074
The Employer
Malayan Orchid Restaurant
157 View Street
BENDIGO
VIC
3550
The Employer
Malaysia Village Restaurant
162 High Street
KEW
VIC
3101
The Employer
Malcolm’s Deli & Bistro
20 Malcolm Road
BRAESIDE
VIC
3195
The Employer
Mall Thai Restaurant
The Mall
WANTIRNA
VIC
3152
The Employer
Mamma Vittoria Restaurant
353 Smith Street
FITZROY
VIC
3065
The Employer
Man Bo Tower
361 Moorahool Street
GEELONG
VIC
3220
The Employer
Man Hing Chinese Restaurant
190 Barkly Street
ARARAT
VIC
3377
The Employer
Mandalay Receptions
219 Clarke Street
NORTHCOTE
VIC
3070
The Employer
Mandarin Restaurant
313 Toorak Road
SOUTH YARRA
VIC
3141
The Employer
Manfred’s Restaurant
135 Maling Road
CANTERBURY
VIC
3126
The Employer
Manor Chinese Restaurant
57 Lloyd Street
MOE
VIC
3825
The Employer
Manorian Garden Restaurant
49 Church Street
WHITTLESEA
VIC
3757
The Employer
Maple Leaf Chinese & Malaysian Restaurant
13 Elonera Road
NOBLE PARK
VIC
3174
The Employer
Marathon Restaurant
11 Fountain Court
BENDIGO
VIC
3550
The Employer
Marcellino Trattoria
225 Clarendon Street
SOUTH MELBOURNE
VIC
3205
The Employer
Mardi’s Restaurant
1233 Stud Road
ROWVILLE
VIC
3178
The Employer
Margarita’s Mexican Cantina
190 Main Street
LILYDALE
VIC
3140
The Employer
Marina Tavern,
Lyons Street Cnr. Nepean Highway
RYE
VIC
3941
The Employer
Matildas Family Restaurant
Cur High Street & Don Street
BENDIGO
VIC
3550
The Employer
Mayur Indian Restaurant
9 Olsen Street
FRANKSTON
VIC
3199
The Employer
McArthurs Cafe Restaurant
45 Main Street
MALDON
VIC
3463
The Employer
McCoy’s Restaurant
Main Road
LANCEFIELD
VIC
3435
The Employer
Medora’s Restaurant
232 High Street
KANGAROO FLAT
VIC
3555
The Employer
Melton Snooker Centre
18 Norton Drive
MELTON
VIC
3337
The Employer
Merbein Motor Inn
42 Box Street
MERBEIN
VIC
3505
The Employer
Merrimu Convention Centre
1300 Dandenong Road
MURRUMBEENA
VIC
3163
The Employer
Mexican Kitchen
28 High Street
BENDIGO
VIC
3550
The Employer
Mikaylas Café Restaurant
15 Bath Lane
BENDIGO
VIC
3550
The Employer
Mildura Plaza Motor Inn
836 Calder Highway
MILDURA
VIC
3500
The Employer
Miners Pancake Place
85 Mitchell Street
BENDIGO
VIC
3550
The Employer
Molly’s Cafe & Colonial Bank Gallery
32 Pall Mall
BENDIGO
VIC
3550
The Employer
Mully’s Cafe & Colonial Bank Gallery
32 Pall Mall
BENDIGO
VIC
3550
The Employer
Murray View Motel
82 Seventh Street
MILDURA
VIC
3500
The Employer
Nachos Mexican Cantina’s
141 Nepean Highway
ASPENDALE
VIC
3195
The Employer
Nachos Mexican Cantina’s
1650 Dandenong Road
OAKLEIGH
VIC
3166
The Employer
Nachos Mexican Cantina’s
30 Swan Street
RICHMOND
VIC
3121
The Employer
Nachos Mexican Cantina’s
21 Glass Street
ESSENDON
VIC
3040
The Employer
Nam Loong Chinese Restaurant
223 Russell Street
MELBOURNE
VIC
3000
The Employer
Nan Ping Restaurant
3A Station Street
OAKLEIGH
VIC
3166
The Employer
Napier House
9 Napier Street
WARRAGUL
VIC
3820
The Employer
Narai Thai Restaurant
214 St. Georges Road
NORTHCOTE
VIC
3070
The Employer
Narre Warren Chinese Restaurant
Shop 16, 6 Rebound Court
NARRE WARREN
VIC
3805
The Employer
Nat’s Place
2 McLeans Road
BUNDOORA
VIC
3083
The Employer
Nataraj Restaurant & Bar
213 Camberwell Road
HAWTHORN EAST
VIC
3123
The Employer
Nathan Court Chinese Restaurant
Nathan Court, Cnr. McLeans Road
BUNDOORA
VIC
3083
The Employer
Nathania Springs
Olinda Road
MONBULK
VIC
3793
The Employer
Nauru House Cafe
80 Collins Street
MELBOURNE
VIC
3000
The Employer
Navarone Receptions
725 High Street
THORNBURY
VIC
3071
The Employer
Nellie’s Licensed Restaurant
420 Maroondah Highway
LILYDALE
VIC
3140
The Employer
Nello’s trattoria bologna
277 Charman Road
CHELTENHAM
VIC
3192
The Employer
Nelson’s Café Restaurant
135 Nelson Place
WILLIAMSTOWN
VIC
3016
The Employer
Nero’s Bistro
454 Whithorse Road
MITCHAM
VIC
3132
The Employer
New Capons Restaurant
301 Elizabeth Street
MELBOURNE
VIC
3000
The Employer
New China Restaurant
1 Viewpoint Street
BENDIGO
VIC
3550
The Employer
New China Restaurant
55 Fryers Street
SHEPPARTON
VIC
3630
The Employer
New China Restaurant
2 High Street
BENDIGO
VIC
3550
The Employer
New Dragon Restaurant
694 Calder Highway
KEILOR
VIC
3036
The Employer
New England Cottage Restaurant
101 Young Street
FRANKSTON
VIC
3199
The Employer
New Garden Chinese Restaurant
102 Mollison Street
KYNETON
VIC
3444
The Employer
New Great Wall Restaurant
122 Watton Street
WERRIBEE
VIC
3030
The Employer
New Hong Kong Chinese Restaurant
64 Main street
GREENSBOROUGH
VIC
3088
The Employer
New Hong Kong Chinese Restaurant
75 High Street
BELMONT
VIC
3216
The Employer
New Inverloch Palace
2 A’Beckett Street
INVERLOCH
VIC
3996
The Employer
New Moon Restaurants
556 Sydney Road
BRUNSWICK
VIC
3056
The Employer
New Royal Garden
570 High Street Road
SYNDAL
VIC
3149
The Employer
New Tokyo Japanese Restaurant
500 Flinders Street
MELBOURNE
VIC
3000
The Employer
New York Deli
1162 High Street
ARMADALE
VIC
3143
The Employer
Ngsing Café
350 Highett Road
HIGHETT
VIC
3190
The Employer
Nhu Y Restaurant
100 Hopkins Street
FOOTSCRAY
VIC
3011
The Employer
Nicolinis
B71 Chadstone Shopping Centre
CHADSTONE
VIC
3148
The Employer
Nikos Tavern
190 Mt. Dandenong Road
RINGWOOD EAST
VIC
3135
The Employer
Noble House
1453 Main Road
ELTHAM
VIC
3095
The Employer
North Melbourne Catering Service
Fogarty Street
NORTH MELBOURNE
VIC
3051
The Employer
North Riding Restaurant
Heidelberg-Kinglake Road
ST. ANDREWS
VIC
3761
The Employer
Northern Catering Service
15 Cullen Court
PATTERSON
VIC
3189
The Employer
Nyonya Malaysian Restaurant
191 Lygon Street
CARLTON
VIC
3053
The Employer
Oakville Receptions
Oakover Road Cnr High Street
PRESTON
VIC
3072
The Employer
Objections
559A North Road
ORMOND
VIC
3204
The Employer
Occasion Cottage Coffee Lounge
3A Market Street
COHUNA
VIC
3568
The Employer
Ocha BYO
156 Pakington Street
KEW
VIC
3101
The Employer
Oi Kwun Café
288 Maroondah Highway
Healesville
VIC
3777
The Employer
Oke’s Café
33 Thompson Street
BELMONT
VIC
3216
The Employer
Old Currency Restaurant
Station Street, Cnr Main Street
COBRAM
VIC
3644
The Employer
Old Paper Shop Deli
266 Clarendon Street
SOUTH MELBOURNE
VIC
3205
The Employer
Old Royal Café
176 Campbell Street
SWAN HILL
VIC
3585
The Employer
Olde Horsham Restaurant
WesTern Highway
HORSHAM
VIC
3400
The Employer
Olive Tree Cocktail & Pasta Bar
19 Park Street
SOUTH MELBOURNE
VIC
3205
The Employer
Onion’s Restaurant
50 Commercial Road
PRAHRAN
VIC
3181
The Employer
Opal Pizza Restaurant
258 Moore Street
MOE
VIC
3825
The Employer
Orchid Inn Restaurant
McNamara Place
LEONGATHA
VIC
3953
The Employer
Orchids Garden Licensed Pty Ltd
119 Little Bourke Street
MELBOURNE
VIC
3000
The Employer
Oriano’s Restaurant
70 Jumping Creek Road
WONGA PARK
VIC
3115
The Employer
Oriental Court
Shop T103 Highpoint City Shopping Centre
MARIBYRNONG
VIC
3032
The Employer
Oriental Garden Chinese Restaurant
167 Corio Street
SHEPPARTON
VIC
3630
The Employer
Oriental Kingdom
8 lA May Road
LALOR
VIC
3075
The Employer
Pancake Ritz The
91 Hotham Street
TRARALGON
VIC
3844
The Employer
Pancakes At Sassafras
327 Mt Dandenong Tourist Road
SASSAFRAS
VIC
3787
The Employer
Panda House
11 Military Road
AVONDALE HEIGHTS
VIC
3034
The Employer
Panda King Chinese & Malasian
358 Neerim Road
CARNEGIE
VIC
3163
The Employer
Panda Restaurant
815 Glenferrie Road
HAWTHORN
VIC
3122
The Employer
Papa Gino’s
221 Lygon Street
CARLTON
VIC
3053
The Employer
Paper Moon Cafe
64 Spensley Street
CLIFTON HILL
VIC
3068
The Employer
Par Five Restaurant
18 Turner Street
LEONGATHA
VIC
3953
The Employer
Paragon Café
651 Rathdowne Street
CARLTON
VIC
3053
The Employer
Paralees
102 High Street
NORTHCOTE
VIC
3070
The Employer
Paris End Coffee Shop
20 Collins Street
MELBOURNE
VIC
3000
The Employer
Paris Toorak
Upper Level Trak Centre, 445 Toorak Road
TOORAK
VIC
3142
The Employer
Park Coffee Lounge
22 Stud Park Shopping Centre
ROWVILLE
VIC
3178
The Employer
Park Orchards Chalet
579 Park Road
PARK ORCHARDS
VIC
3114
The Employer
Parmenter’s Fine Food
59 Sydney Road
BRUNSWICK
VIC
3056
The Employer
Paul Louey Chinese Restaurant
2303 Nepean Highway
RYE
VIC
3941
The Employer
Peach Village Chinese Restaurant
169 High Street
MARYBOROUGH
VIC
3465
The Employer
Pears Restaurant
61 High Street
BENDIGO
VIC
3550
The Employer
Pennyweights Restaurant
177 High Street
BENDIGO
VIC
3550
The Employer
Porcupine Township
Cnr Bendigo Road & Allans Road
MALDON
VIC
3463
The Employer
Portside Deli
3 Central Boulevard
PORT MELBOURNE
VIC
3207
The Employer
Pratty’s Patch Licensed Restaurant
Monsants Road
MAIDEN GULLY
VIC
3551
The Employer
Primo Posto
Building 2, 4 Riverside Quay
SOUTHBANK
VIC
3006
The Employer
Qians Chinese Restaurant
239 Canterbury Road
CANTERBURY
VIC
3126
The Employer
Quadri Ristorante
717 High Street
ARMADALE
VIC
3143
The Employer
Quan 88 Restaurant
88 Victoria Street
RICHMOND
VIC
3121
The Employer
Quo-Vadis La Carte & Fully Licensed
255 Campbell Street
SWAN HILL
VIC
3585
The Employer
R S&M P Moss
40 Kilpatrick Avenue
SHEPPARTON
VIC
3630
The Employer
R S&M P Moss
52 McLennan Street
MOOROOPNA
VIC
3629
The Employer
Rachinee Thai Restaurant
24 Hamilton Place
MOUNT WAVERLEY
VIC
3149
The Employer
Racquetball Cafe
552 Main Street
BAIRNSDALE
VIC
3875
The Employer
Radha Indian Restaurant
796 Glenhuntly Road
CAULFIELD SOUTH
VIC
3162
The Employer
Raffaele’s Restaurant
338 Keilor Road
NIDDRIE
VIC
3042
The Employer
Raffety’s Restaurant
55 Nunn Street
BENALLA
VIC
3672
The Employer
Raglan Pizza Restaurant
221 Raglan Street
SALE
VIC
3850
The Employer
Rainbow Dragon Chinese Restaurant
18 Olsen Place
BROADMEADOWS
VIC
3047
The Employer
Rainbow Inn Chinese Restaurant
Shop 3 1644 Burwood Road
BELGRAVE
VIC
3160
The Employer
Rainbow Palace
33 Bridge Street
KORUMBURRA
VIC
3950
The Employer
Rainbow Sky
167 Sydney Road
BRUNSWICK
VIC
3056
The Employer
Raising Dragons Chinese Restaurant
41 Main Street
BAIRNSDALE
VIC
3875
The Employer
Raj-Kamal Indian Restaurant
62 Bay Road
SANDRINGHAM
VIC
3191
The Employer
Rajah-Sahib
375 Queen Street
MELBOURNE
VIC
3000
The Employer
Rak Thai
737 Mountain Highway
BAYSWATER
VIC
3153
The Employer
Rama Thai Restaurant
34 Johnston Street
FITZROY
VIC
3065
The Employer
Rankin’s Complete Catering Services
166 Simpsons Road
EAGLEHAWK
VIC
3556
The Employer
Raps Restaurant & Bistro
1117 Malvern Road
MALVERN
VIC
3144
The Employer
Rasa Indah Malaysian Restaurant
31 Railway Parade
GLEN WAVERLEY
VIC
3150
The Employer
Rasa Langhawi Malaysian & Chinese
159 St Georges Road
NORTHCOTE
VIC
3070
The Employer
Rasa Melaka Restaurant
95 Main Street
GREENSBOROUGH
VIC
3088
The Employer
Rasa Sayang
26 Market Lane
MELBOURNE
VIC
3000
The Employer
Rasa Singapura
64 Burwood Road
HAWTHORN
VIC
3122
The Employer
Rasoyee Indian Restaurant
40 High Street
BENDIGO
VIC
3550
The Employer
Rathdowne Street Food Store
617 Rathdowne Street
CARLTON NORTH
VIC
3054
The Employer
Rayjays
408 Richardson Street
MIDDLE PARK
VIC
3206
The Employer
Rebel Rock Saloon
1/126 Nepean Highway
SEAFORD
VIC
3198
The Employer
Rembrandts Function Centre
Cur Burwood Hwy & Tyner Road
WANTIRNA SOUTH
VIC
3152
The Employer
Restaurant Malaysia
69 Liebig Street
WARRNAMBOOL
VIC
3280
The Employer
Robinvale Homestyle Motel
36 Ronald Street
ROBINVALE
VIC
3549
The Employer
Saeng Thian Thai Restaurant
713 Centre Road
BENTLEIGH EAST
VIC
3165
The Employer
Sages Cottage
Sages Road Cnr Moorooduc Road
BAXTER
VIC
3911
The Employer
Saigon Ngoo Yen Restaurant
11 Liverpool Street
MELBOURNE
VIC
3000
The Employer
Saigon Orchid Vietnamese Restaurant
179 Coleman Parade
GLEN WAVERLEY
VIC
3150
The Employer
Saigon Rose Vietnamese Restaurant
206 Chapel Street
PRAHRAN
VIC
3181
The Employer
Saigon Vietnamese Restaurant
1226 Toorak Road
BURWOOD
VIC
3125
The Employer
Sail & Anchor Restaurant
2 Wellington Street
PAYNESVILLE
VIC
3880
The Employer
Sails Restaurant & Bar
231 Nelson Place
WILLIAMSTOWN
VIC
3016
The Employer
Saint Andrew’s Function & Recreation
Pyke Street
BAIRNSDALE
VIC
3875
The Employer
Salam Bombay
87 Bell Street
COBURG
VIC
3058
The Employer
Sale Pizza House
251 York Street
SALE
VIC
3850
The Employer
Sale Rainbow Chinese Restaurant
389 Raymond Street
SALE
VIC
3850
The Employer
Salera Pizza Restaurant
1136A Mt Alexander Road
ESSENDON NORTH
VIC
3041
The Employer
Salera Pizza Restaurant
169 Wheatsheaf Road
GLENROY
VIC
3046
The Employer
Salona Restaurant
260A Swan Street
RICHMOND
VIC
3121
The Employer
Sam Wah Café
132 Bridport Street
ALBERT PARK
VIC
3206
The Employer
Samos Greek Taverna
120 Chapel Street
WINDSOR
VIC
3181
The Employer
Sampan Chinese Restaurant
1293 Nepean Highway
CHELTENHAM
VIC
3192
The Employer
Samraat Indian Restaurant
137 Pakington Street
GEELONG WEST
VIC
3218
The Employer
San Marco Restaurant
560 Sydney Road
COBURG
VIC
3058
The Employer
San Marino Pizza & Pasta
412 Maroondah Highway
CROYDON NORTH
VIC
3136
The Employer
San Remo Chinese Restaurant
163 Marine Parade
SAN REMO
VIC
3925
The Employer
Sandown Pizza Restaurant
108 Police Road
SPRINGVALE
VIC
3171
The Employer
Sarchi’s Restaurant
145 Hotham Road
SORRENTO
VIC
3943
The Employer
Sarpa’s
24 Doveton (South) Street
BALLARAT
VIC
3550
The Employer
Savvas
51 Moorabool Street
GEELONG
VIC
3220
The Employer
Simpatico Licensed Bar & Cantina
32 Johnstone Street
CASTLEMAINE
VIC.
3450
The Employer
Stylus Nightclub
PO Box 161
FERNTREE GULLY
VIC
3156
The Employer
Sugar Indian Restaurant
226 The Esplanade
BRIGHTON
VIC
3186
The Employer
Sundance Café
114 Pall Mall
BENDIGO
VIC
3550
The Employer
T Burger
Southgage Street
SOUTH MELBOURNE
VIC
3205
The Employer
Table Matters
228 Auburn Road
HAWTHORN
VIC
3122
The Employer
Tables Restaurant
Shop 1, 200 Bourke Street
MELBOURNE
VIC
3000
The Employer
Taco Bill Mexican
36 Langtree Avenue
MILDURA
VIC
3500
The Employer
Taco Bill Mexican Restaurant
218 Dorset Road
BORONIA
VIC
3155
The Employer
Taco Bill Mexican Restaurant
888 Princes Highway
OAKLEIGH
VIC
3166
The Employer
Taco Bill Mexican Restaurant
217 Moorabool Street
GEELONG
VIC
3220
The Employer
Tandoori Plaza Indian Restaurant
13 Brice Avenue
MOOROOLBARK
VIC
3138
The Employer
The Bank Restaurant
86 Ford Street
BEECHWORTH
VIC
3747
The Employer
The Cottage On Piper Restaurant
92 Piper Street
KYNETON
VIC
3444
The Employer
The Dark Horse Bar Restaurant
407 Swanston Street
MELBOURNE
VIC
3000
The Employer
The Dragon Phoenix Restaurant
1370 Toorak Road
BURWOOD
VIC
3125
The Employer
The Eaglehawk Food Co
2 High Street
EAGLEHAWK
VIC
3556
The Employer
The Fifty One Coffee Shop
Collins Place
MELBOURNE
VIC
3000
The Employer
The GEM Restaurant
Horseshoe Bend
SWAN HILL
VIC
3585
The Employer
The Governors Restaurant
Bowden Street
CASTLEMAINE
VIC
3450
The Employer
The House of Kong
200 Hargraves Street
BENDIGO
VIC
3550
The Employer
The Huntsmen Restaurant
9 Aberdeen Street
GEELONG
VIC
3220
The Employer
The Magnolia Tree
Mt.Buller Road
MANSFIELD
VIC
3722
The Employer
The Match Bar & Bakehouse
58 Bull Street
BENDIGO
VIC
3550
The Employer
The Mill Restaurant
Calder Highway
MALMSBURY
VIC
3446
The Employer
The Whirrakee Restaurant & Wine Bar
17 View Street
BENDIGO
VIC
3550
The Employer
ThePoint Restaurant
Albert Park Lake, Aquatic Drive
ALBERT PARK
VIC
3206
The Employer
Toi Shan Restaurant
65 Mitchell Street
BENDIGO
VIC
3550
The Employer
Ukrainian House
5 Russell Street
ESSENDON
VIC
3040
The Employer
Uncle Leo’s Pizza Bistro
62 Watton Street
WERRIBEE
VIC
3030
The Employer
Uthong Thai
216 Main Street
MORNINGTON
VIC
3931
The Employer
Valentine’s Receptions
79C Atherton Road
OAKLEIGH
VIC
3166
The Employer
Valentino
27 Gillie Crescent
MORWELL
VIC
3840
The Employer
Valmay’s Finger Foods
18 Turnham Avenue
ROSANNA
VIC
3084
The Employer
Van Mai
372 Victoria Street
RICHMOND
VIC
3121
The Employer
Van Tan Restaurant
568 Station Street
BOX HILL
VIC
3128
The Employer
Vao Doi
120 Victoria Street
RICHMOND
VIC
3121
The Employer
Vardar Continental Restaurant
161 Gertrude Street
FITZROY
VIC
3065
The Employer
Vasili’s & Yianni’s Greek Tavern
265 Johnston Street
ABBOTSFORD
VIC
3067
The Employer
Vatican Pizza & Restaurant
304 Huntingdale Road
HUNTINGDALE
VIC
3166
The Employer
Vault
8 Malop Street
GEELONG
VIC
3220
The Employer
Venezia Pizza
253 Glenferrie Road
MALVERN
VIC
3144
The Employer
Verdi’s Trattoria Pizza & Pasta
346 Belmore Road
BALWYN NORTH
VIC
3104
The Employer
Via Mare Ristorante
343 Nepean Highway
FRANKSTON
VIC
3199
The Employer
Victoriana Licensed Restaurant
785 Frankston-Flinders Road
HASTINGS
VIC
3915
The Employer
Wah Wah Chinese Restaurant
9 Main Street
UPWEY
VIC
3158
The Employer
Waiters Restaurant Pty Ltd
20 Meyers Place
MELBOURNE
VIC
3000
The Employer
Walters Wine Bar
Upper Level
SOUTHGATE
VIC
3006
The Employer
Walters Wine Bar
Southgate Street
SOUTH MELBOURNE
VIC
3205
The Employer
Wan Loy Restaurant
9B Church Street
TRARALGON
VIC
3844
The Employer
Wanda Restaurant Cafe
23 Murray Street
COLAC
VIC
3250
The Employer
Wang’s Chinese Restaurant
695 Centre Road
BENTLEIGH EAST
VIC
3165
The Employer
Warehouse Bar & Bistro
112 Hardware Street
MELBOURNE
VIC
3000
The Employer
Warrawee Homestead Restaurant
87 Warrawee Road
BALNARRING
VIC
3926
The Employer
Warrnambool Dragon Inn Restaurant
188 Liebig Street
WARRNAMBOOL
VIC
3280
The Employer
Warung Agus Balinese Restaurant
305 Victoria Street
WEST MELBOURNE
VIC
3003
The Employer
Waterfront Cafe
2407 Nepean Highway
RYE
VIC
3941
The Employer
Wattle Park Chalet
1012 Riversdale Road
SURREY HILLS
VIC
3127
The Employer
Wei Wah Chinese Restaurant
299 Clayton Road
CLAYTON
VIC
3168
The Employer
Wellers Restaurant
Pitman’s Corner
KANGAROO GROUND
VIC
3097
The Employer
Werribee Family Restaurant
Shop T 56, Werribee Plaza
WERRIBEE
VIC
3030
The Employer
Westlake Restaurant
189 Little Bourke Street
MELBOURNE
VIC
3000
The Employer
White Lotus Vegetarian Cafe
185 Victoria Street
WEST MELBOURNE
VIC
3003
The Employer
White Peacock Receptions
3 Princes Domain Drive
HALLAM
VIC
3803
The Employer
Wholefoods Cafe
10 James Street
GEELONG
VIC
3220
The Employer
Wild Flower Cafe
1 Theatre Place
CANTERBURY
VIC
3126
The Employer
Willow Cottage Restaurant
Main Road
BUCHAN
VIC
3885
The Employer
Willowmere
Lancaster Road
KYABRAM
VIC
3620
The Employer
Win Win Chinese Restaurant
Hughes Parade Cnr. McFadzean
RESERVOIR
VIC
3073
The Employer
Windmill Garden Restaurant
Keilor-Melton Highway Cnr Leakes Road
ROCKBANK
VIC
3335
The Employer
Wing Fook Chinese Restaurant
86 Graham Street
WONTHAGGI
VIC
3995
The Employer
Wing Ho Chinese Restaurant
81 Thompson Avenue
COWES
VIC
3922
The Employer
Wing Wah Chinese Restaurant
61 Bonwick Street
FAWKNER
VIC
3060
The Employer
Wing Yuen Restaurant
Tunstall Square Shopping Centre
DONCASTER EAST
VIC
3109
The Empioyer
Winners Restaurant
173 Hargreaves Street
BENDIGO
VIC
3550
The Employer
Winter Garden Restaurant
231 Main Road
MOUNT MACEDON
VIC
3441
The Employer
Wintergarden Cafe Bar
51 McKillop Street
GEELONG
VIC
3220
The Employer
Wistaria Tea Rooms
51 Murray Esplanade
ECHUCA
VIC
3564
The Employer
Witches in Britches
45 Dudley Street
WEST MELBOURNE
VIC
3003
The Employer
Woks Afire
66 Warburton Highway
WARBURTON
VIC
3799
The Employer
Wood Oven Pizza
56 Mercer Street
GEELONG
VIC
3220
The Employer
Xanghai Restaurant
46 St. Kilda Road
ST. KILDA
VIC
3182
The Employer
Yamagata Teppanyaki Japanese Restaurant
15 Anderson Creek Road
DONCASTER EAST
VIC
3109
The Employer
Yamato Japanese Restaurant
28 Corrs Lane
MELBOURNE
VIC
3000
The Employer
Yan Chinese Restaurant
97 Atherton Road
OAKLEIGH
VIC
3166
The Employer
Yat Sing Takeaway Food
4 Sun Crescent
SUNSHINE
VIC
3020
The Employer
Yen Lai Rice Inn
62 Grant Street
ALEXANDRA
VIC
3714
The Employer
Yen’s Restaurant
72 Maroondah Highway
CROYDON
VIC
3136
The Employer
Yin Chuan Restaurant
92C Acland Street
ST. KILDA
VIC
3182
The Employer
Ying Ging Chinese Restaurant
17 High Street
MANSFIELD
VIC
3722
The Employer
Ying Ying Chinese Restaurant
521 Glenhuntly Road
ELSTERNWICK
VIC
3185
The Employer
Yu Palace
441 Nepean Highway
BRIGHTON EAST
VIC
3187
The Employer
Yue Wah Restaurant
555A North Road
ORMOND
VIC
3204
The Employer
Yue’s Restaurant
134 High Street
CRANBOURNE
VIC
3977
The Employer
Yummy Palace
156 Union Road
ASCOT VALE
VIC
3032
The Employer
Yuriya Japanese Restaurant
172 Little Bourke Street
MELBOURNE
VIC
3000
The Employer
Zampelis Restaurant
Shop 234, Springvale Road
GLEN WAVERLEY
VIC
3150
The Employer
Zampelis Restaurant
36 Malvern Central Shopping Centre
MALVERN
VIC
3144
The Employer
Zampelis Restaurant
300 Toorak Road
SOUTH YARRA
VIC
3141
The Employer
Zara Restaurant
167 Sydney Road
COBURG
VIC
3058
The Employer
Zeally’s
35 The Esplanade
TORQUAY
VIC
3228
The Employer
Zen’s Chinese Restaurant
23 Anderson Creek Road
DONCASTER EAST
VIC
3109
The Employer
Zeppos Tavern
840 High Street
KEW
VIC
3101
The Employer
Zia Carmelina
103 Graham Street
WONTHAGGI
VIC
3995
The Employer
Zia Teresa Restaurant
90 Lygon Street
BRUNSWICK EAST
VIC
3057
The Employer
Zia’s Pizza
93 Riversdale Road
HAWTHORN
VIC
3122
The Employer
Zio Angelo’s
257 Glenferrie Road
MALVERN
VIC
3144
The Employer
Zio Joe Italian Restaurant
14 Lansdowne Street
EAST MELBOURNE
VIC
3002


RESERVE LIST

The Employer
Fasta Pasta
136 Cotham Road
KEW
VIC
3101
The Employer
Valleys Bar & Bistro
Golfers Drive
MALVERN EAST
VIC
3145

ROPING-IN AWARD NO. 1 OF 2000

[Roping-in award No. 1 of 2000 inserted by T3653 ppc 10Nov00]


1. TITLE

This award shall be known as the Liquor and Accommodation Industry - Restaurants - Victoria (Roping-in No. 1) Award 2000.

2. PARTIES BOUND

This award shall be binding upon:

2.1 the Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members;

2.2 Foster Place Coffee Shop, Foster Street, Maffra, Victoria, 3860;


2.3 Respond Pty Limited, trading as La Porchetta, 194 Commercial Road, Morwell, Victoria, 3840;

in respect of employees whether members of the Australian Liquor, Hospitality and Miscellaneous Workers Union or not.

3. APPLICATION

Subject to what is otherwise provided in this award, the provisions of the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998, as varied from time to time, will apply to employees of the employers referred to in 2.2 and 2.3.

4. DATE OF OPERATION

This award takes effect from the first pay period to commence on or after 10 November 2000 and shall remain in force for a period of twelve months.

ROPING-IN AWARD NO. 2 OF 2000

[Roping-in award No. 2 of 2000 inserted by T3821 ppc 17Nov00]


1. TITLE

This award is the Liquor and Accommodation Industry - Restaurants -Victoria - (Roping In No. 2) - Award 2000.

2. PARTIES BOUND

This award is binding on:

2.1 the Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members; and

2.2 The employers named in Schedule A to this award in respect of their employees, whether members of the union or not, engaged in the performance of work within the scope of the award.


3. APPLICATION

Subject to what is otherwise provided in this award, the provisions of the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998, as varied from time to time, will apply to employees of the employers named in Schedule A.

4. OPERATION

This award comes into force from the beginning of the first pay period to commence on or after 17 November, 2000 and remains in force for a period of three months..

SCHEDULE A

Australian Coffee Company
PO Box 684 Hamilton, Victoria, 3300
Caffe Alfresco
PO Box 620, Armadale, Victoria, 3034
Clarendon Fish & Chippery
293 Clarendon Street, South Melbourne, Victoria, 3205
Coffee Shop
C/O PO Purnim, Purnim, Victoria, 3278
Doug’s Take Away
36 Stewart Terrace, Macleod, Victoria, 3085
Mask Of China
115-117 Lt. Bourke Street, Melbourne, Victoria, 3000
Sausage King
PO Box 1118, East Doncaster, Victoria, 3109
Stavros Tavern
183, Victoria Avenue, Albert Park, Victoria, 3026
Wagners Fine Foods
2 Dunlop Avenue Hoppers Crossing, Victoria, 3029

ROPING-IN AWARD NO. 1 OF 2002

[Roping-in award No. 1 of 2002 inserted by AW787213 PR918086 ppc 24May02]


1. AWARD TITLE

This award shall be known as the Liquor and Accommodation Industry - Restaurants - Victoria (Roping-in No. 1) Award 2002.

2. Arrangement

  1. Award title
  2. Arrangement
  3. Parties bound
  4. Date of operation
  5. Application


3. PARTIES BOUND

This award shall be binding upon:

3.1 Australian Liquor, Hospitality and Miscellaneous Workers Union; and

3.2 Yarra Valley Dairy, McMeikans Road, Yering, Victoria 3770.


in respect of employees whether members of the Australian Liquor, Hospitality and Miscellaneous Workers Union or not.

4. DATE OF OPERATION

This award shall come into operation from the beginning of the first pay period to commence on or after 24 May 2002 and shall remain in force for a period of six months.

5. APPLICATION

Subject to what is otherwise provided in this award, the provisions of the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998, as varied from time to time, shall apply to employees of the employer referred to in clause 3.2 of this award.

DECLARATION – VICTORIA

[Common Rule declared by PR952644 from 01Jan05]


Further to the decision issued by the Commission on 18 October 2004 [PR952542] and pursuant to ss.141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following declaration for a common rule award:

  1. In this Declaration:

1.1 the award means the Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998 as varied from time to time;

1.2 employees means employees in the industry who perform work of a kind that is covered by the award;

1.3 employers means employers who employ employees;

1.4 the industry means the industry and/or industrial pursuits of any person employed by any restaurant, reception centre or night club.


2. That save for and subject to the matters referred to in clauses 4 to 7 below, the whole of the terms of the award, as varied from time to time, except those specified in clause 3 below, shall be:

2.1 a common rule for the industry in Victoria and known as the Restaurants Victorian Common Rule Declaration 2005;

2.2 binding on all employers in respect of the employment by them of employees;

2.3 binding on all employees; and


2.4 binding on the Liquor, Hospitality and Miscellaneous Union and registered organisations respondent to the award.

3. The following clauses of the award are not included in the Restaurants Victorian Common Rule Declaration 2005:

3.1 clause 5 – Date the award starts;

3.2 clause 6 – Coverage of award; and

3.3 clauses 7.1.2, 7.1.3, 7.1.4 and 7.1.5 of clause 7 – Who is bound by this award.


4. Subject to 4.1 to 4.5 below, all provisions in the Restaurants Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.

4.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.

4.2 With respect to redundancy payments for employees of employers who have fewer than 15 employees, only service on or after 1 January 2005 is to be taken into account for the purpose of calculating service.

4.3 With respect to redundancy payments for employees of employers who have 15 employees or more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating service. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]

4.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.

4.5 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.


5. The Restaurants Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award. Without limiting the generality of this provision, this exemption shall apply specifically to employers bound by any means to the Vehicle Industry - Repair, Services and Retail - Award 2002 [AW824308].

6. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.]

7. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below.]

8. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits required to be provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the Restaurants Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference, consisting of a Member of the Commission, which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.

8.1 An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.

8.2 This clause shall apply for a period of twelve months from the commencement date of the Restaurants Victorian Common Rule Declaration 2005.

8.3 Any registered organisation bound by the terms of the Restaurants Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.


9. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 10 below.

10. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of three months and thereafter in accordance with the Act. [See Note 3 below.]

Note 1

1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) - it does not prevent the award from applying to employees with disabilities in open employment.

3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops.

Note 2

1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, “existing arrangements” includes the making of contributions to such funds.

2. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.

3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.

4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of the membership of an employer organisation.

5. The exception applies subject to any Commonwealth legislation to the contrary.

Note 3

Subject to s.113 of the Workplace Relations Act 1996 and any order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996).

* end of text **

About this document
(1)
Code:
AP787213
Title:
Liquor and Accommodation Industry - Restaurants - Victoria Award 1998
Effective:
21 Jul 2011
Updated:
8 Mar 2017
Instrument Type:
Pre-reform Award
States:
VIC
(4)
Liquor and Accommodation Industry - Restaurants - Victoria Award 1998
Liquor and Accommodation Industry - Restaurants - Victoria Award 1998
Liquor and Accommodation Industry - Restaurants - Victoria Award 1998
Liquor and Accommodation Industry - Restaurants - Victoria Award 1998
Liquor and Accommodation Industry - Restaurants - Victoria Award 1998
1.0.11.0 SD