Hospitality Industry (General) Award | My Assignment Tutor

MA000009 1Hospitality Industry (General) Award 2010This Fair Work Commission consolidated modern award incorporates all amendments up toand including 16 December 2016 (PR588641).Clause(s) affected by the most recent variation(s):26—Payment of wagesCurrent application(s) to vary this award: AM2014/4Current review matter(s): AM2014/47; AM2014/190; AM2014/196; AM2014/197;AM2014/272; AM2014/300; AM2014/301; AM2014/305; AM2015/1; AM2015/2;AM2016/8; AM2016/13; AM2016/15; AM2016/17Table of Contents[Varied by PR992056, PR994455, PR532630, PR540249, PR540578, PR544519, PR546288, PR557581,PR573679, PR583018, PR584111]Part 1— Application and Operation…………………………………………………………………………… 41. Title ……………………………………………………………………………………………………………… 42. Commencement and transitional………………………………………………………………………. 43. Definitions and interpretation…………………………………………………………………………… 54. Coverage……………………………………………………………………………………………………….. 85. Access to the award and the National Employment Standards ……………………………. 106. The National Employment Standards and this award ………………………………………… 107. Award flexibility ………………………………………………………………………………………….. 10Part 2— Consultation and Dispute Resolution………………………………………………………….. 128. Consultation…………………………………………………………………………………………………. 129. Dispute resolution…………………………………………………………………………………………. 13Part 3— Types of Employment and Termination of Employment……………………………… 1410. Types of employment……………………………………………………………………………………. 1411. Full-time employment …………………………………………………………………………………… 1412. Part-time employment …………………………………………………………………………………… 1413. Casual employment ………………………………………………………………………………………. 1514. Apprentices………………………………………………………………………………………………….. 1715. Junior employees………………………………………………………………………………………….. 1816. Termination of employment…………………………………………………………………………… 18Hospitality Industry (General) Award 20102 MA00000917. Redundancy ………………………………………………………………………………………………….19Part 4— Classifications and Minimum Wage Rates …………………………………………………..2018. Work organisation………………………………………………………………………………………….2019. Classifications……………………………………………………………………………………………….2020. Minimum wages ……………………………………………………………………………………………2021. Allowances……………………………………………………………………………………………………2522. Supported wage system ………………………………………………………………………………….3023. National training wage……………………………………………………………………………………3024. School-based apprenticeship……………………………………………………………………………3025. Higher duties…………………………………………………………………………………………………3026. Payment of wages ………………………………………………………………………………………….3027. Salary arrangements……………………………………………………………………………………….3128. Superannuation ……………………………………………………………………………………………..33Part 5— Hours of Work and Related Matters……………………………………………………………3529. Ordinary hours of work (Full-time and part-time employees) ……………………………..3530. Rostering………………………………………………………………………………………………………3831. Breaks ………………………………………………………………………………………………………….3832. Penalty rates………………………………………………………………………………………………….3933. Overtime ………………………………………………………………………………………………………40Part 6— Leave and Public Holidays ………………………………………………………………………….4334. Annual leave …………………………………………………………………………………………………4335. Personal/carer’s leave and compassionate leave ………………………………………………..4736. Community service leave………………………………………………………………………………..4737. Public holidays………………………………………………………………………………………………48Part 7— Industry Specific Provisions ………………………………………………………………………..4838. No deduction for breakages or cashiering underings…………………………………………..4839. Provision of employee accommodation and meals……………………………………………..48Hospitality Industry (General) Award 2010MA000009 3Schedule A —Transitional Provisions ………………………………………………………………………. 51Schedule B —Transitional Provisions in respect of South Australia ………………………….. 56Schedule C —Transitional Provisions in respect of Western Australia………………………. 68Schedule D —Classification Definitions ……………………………………………………………………. 69Schedule E —Supported Wage System …………………………………………………………………….. 82Schedule F —National Training Wage……………………………………………………………………… 85Appendix F1: Allocation of Traineeships to Wage Levels………………………………………….. 93Schedule G —School-based Apprenticeship ……………………………………………………………… 98Schedule H —2016 Part-day Public Holidays………………………………………………………….. 100Schedule I —Agreement to Take Annual Leave in Advance ……………………………………. 101Schedule J —Agreement to Cash Out Annual Leave ………………………………………………. 102Schedule K —Agreement for Time Off Instead of Payment for Overtime………………… 103Hospitality Industry (General) Award 2010MA000009 4Part 1—Application and Operation1. TitleThis award is the Hospitality Industry (General) Award 2010.2. Commencement and transitional[Varied by PR992056, PR542129]2.1 This award commences on 1 January 2010.2.2 The monetary obligations imposed on employers by this award may be absorbed intooveraward payments. Nothing in this award requires an employer to maintain orincrease any overaward payment.2.3 This award contains transitional arrangements which specify when particular parts ofthe award come into effect. Some of the transitional arrangements are in clauses inthe main part of the award. There are also transitional arrangements in Schedule A,Schedule B and Schedule C. The arrangements in Schedules Schedule A, Schedule Band Schedule C deal with:minimum wages and piecework ratescasual or part-time loadingsSaturday, Sunday, public holiday, evening or other penaltiesshift allowances/penalties.[2.4 varied by PR542129 ppc 04Dec13]2.4 Neither the making of this award nor the operation of any transitional arrangementsis intended to result in a reduction in the take-home pay of employees covered by theaward. On application by or on behalf of an employee who suffers a reduction intake-home pay as a result of the making of this award or the operation of anytransitional arrangements, the Fair Work Commission may make any order itconsiders appropriate to remedy the situation.[2.5 varied by PR542129 ppc 04Dec13]2.5 The Fair Work Commission may review the transitional arrangements in this awardand make a determination varying the award.[2.6 varied by PR542129 ppc 04Dec13]2.6 The Fair Work Commission may review the transitional arrangements:(a) on its own initiative; or (b)on application by an employer, employee, organisation or outworker entitycovered by the modern award; or Hospitality Industry (General) Award 2010MA000009 5(c) on application by an organisation that is entitled to represent the industrialinterests of one or more employers or employees that are covered by themodern award; or(d) in relation to outworker arrangements, on application by an organisation that isentitled to represent the industrial interests of one or more outworkers to whomthe arrangements relate.3. Definitions and interpretation[Varied by PR991389, PR992056, PR994455, PR997772, PR505248, PR540249, PR544256, PR545964]3.1 In this award, unless the contrary intention appears:[Definition of Act substituted by PR994455 from 01Jan10]Act means the Fair Work Act 2009 (Cth)[Definition of adult apprentice inserted by PR544256 ppc 01Jan14]adult apprentice means an apprentice who is 21 years of age or over at thecommencement of their apprenticeship[Definition of agreement-based transitional instrument inserted by PR994455 from 01Jan10]agreement-based transitional instrument has the meaning in the Fair Work(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)appropriate level of training means that an employee:(a) has completed an appropriate training program that meets the training andassessment requirements of a qualification or one or more designated units ofcompetency from a Training Package; and/or (b)has been assessed by a qualified skills assessor to have skills at least equivalentto those attained in an appropriate training course; and/or (c)as at 30 June 2010, has been doing the work of a particular classification for aperiod of at least three months. [Note 1 substituted by PR542129 ppc 04Dec13](Note 1: Any dispute concerning (c) above may be referred to the Fair WorkCommission for determination. The Fair Work Commission may require anemployee to demonstrate to its satisfaction that the employee utilises skills andknowledge, and that these are relevant to the work the employee is doing.)[Note 2 substituted by PR542129 ppc 04Dec13](Note 2: The minimum classification level for an employee who has completed AQFCertificate III qualifications relevant to the classification in which they are employedand who utilises skills and knowledge derived from Certificate III competenciesrelevant to the work undertaken is the Level 4 rate prescribed in clause 20.1. Anydispute concerning an employee’s entitlement to be paid at Level 4 may be referredto the Fair Work Commission for determination. The Fair Work Commission mayrequire an employee to demonstrate to its satisfaction that the employee utilises skillsHospitality Industry (General) Award 20106 MA000009and knowledge derived from Certificate III competencies, and that these are relevantto the work the employee is doing.)[Definition of award-based transitional instrument inserted by PR994455 from 01Jan10]award-based transitional instrument has the meaning in the Fair Work(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)casino means a gaming establishment holding a casino license under relevant Stateor Territory legislationcatering by a restaurant business means the provision by a restaurant of cateringservices for any social or business function where such services are incidental to themajor business of the restaurant[Definition of Commission deleted by PR994455 from 01Jan10][Definition of default fund employee inserted by PR545964 ppc 01Jan14]default fund employee means an employee who has no chosen fund within themeaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)[Definition of defined benefit member inserted by PR545964 ppc 01Jan14]defined benefit member has the meaning given by the Superannuation Guarantee(Administration) Act 1992 (Cth)[Definition of Division 2B State award inserted by PR505248 ppc 01Jan11]Division 2B State award has the meaning in Schedule 3A of the Fair Work(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)[Definition of Division 2B State employment agreement inserted by PR505248 ppc 01Jan11]Division 2B State employment agreement has the meaning in Schedule 3A of theFair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)[Definition of employee substituted by PR994455, PR997772 from 01Jan10]employee means national system employee within the meaning of the Act[Definition of employer substituted by PR994455, PR997772 from 01Jan10]employer means national system employer within the meaning of the Act[Definition of enterprise award deleted by PR994455 from 01Jan10][Definition of enterprise award-based instrument inserted by PR994455 from 01Jan10] enterprise award-based instrument has the meaning in the Fair(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)Work [Definition of exempt public sector superannuation scheme inserted by PR545964 ppc 01Jan14]exempt public sector superannuation scheme has the meaning given by theSuperannuation Industry (Supervision) Act 1993 (Cth)liquor service employee means a person employed to sell or dispense liquor in barsand/or bottle departments or shops and includes a cellar employeeHospitality Industry (General) Award 2010MA000009 7[Definition of NAPSA deleted by PR994455 from 01Jan10][Definition of managerial staff (hotels) inserted by PR540249 ppc 15Aug13]Managerial Staff (Hotels) means an employee within the Managerial Staff (Hotels)classification level as defined in Schedule D[Definition of MySuper product inserted by PR545964 ppc 01Jan14]MySuper product has the meaning given by the Superannuation Industry(Supervision) Act 1993 (Cth)[Definition of NES substituted by PR994455 from 01Jan10]NES means the National Employment Standards as contained in sections 59 to 131of the Fair Work Act 2009 (Cth)[Definition of on-hire inserted by PR994455 from 01Jan10]on-hire means the on-hire of an employee by their employer to a client, where suchemployee works under the general guidance and instruction of the client or arepresentative of the client[Definition of ordinary hourly rate inserted by PR540249 ppc 15Aug13]ordinary hourly rate means the employee’s applicable minimum hourly wage ratein clause 20.1relevant apprenticeship legislation means any awards and/or regulations made byany State Apprenticeship Authorityresort means an establishment providing hotel services, accommodation, food andbeverages with access to recreation facilities for guests, and includes an offshoreisland resort[Definition of restaurant substituted by PR994455 from 01Jan10]restaurant means a restaurant, reception centre, night club, licensed cafe andlicensed roadhouse and includes any tea room or caferostered day off (RDO) means any continuous 24 hour period between thecompletion of the last ordinary shift and the commencement of the next ordinaryshift on which an employee is rostered for dutyspread of hours means the period of time elapsing from the time an employeecommences duty to the time the employee ceases duty within any period of 24 hours[Definition of standard hourly rate inserted by PR540249 ppc 15Aug13]standard hourly rate means the minimum hourly wage for a level 4 classification(Cook (tradesperson) grade 3) clause 20.1[Definition of standard weekly rate varied by PR540249 ppc 15Aug13]standard weekly rate means the minimum weekly wage for a level 4 rate (Cook(tradesperson) grade 3) in clause 20.1Hospitality Industry (General) Award 20108 MA000009[Definition of transitional minimum wage instrument inserted by PR994455 from 01Jan10]transitional minimum wage instrument has the meaning in the Fair Work(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)3.2 Where this award refers to a condition of employment provided for in the NES theNES definition applies.4. Coverage[Varied by PR991389, PR992056, PR994455]4.1 This industry award covers employers throughout Australia in the hospitalityindustry and their employees in the classifications within Schedule D—ClassificationDefinitions to the exclusion of any other modern award. The award does not coveremployers in the following industries:(a) clubs registered or recognised under State or Territory legislation;(b) boarding schools;(c) residential colleges;(d) hospitals;(e) orphanages;(f) any council, county council, municipal council, shire, shire council or localgovernment body as defined by the Local Government Act 1993 (NSW); theLocal Government Act 1989 (Vic); the Local Government Act 1993 (Qld); theCity of Brisbane Act 1924 (Qld), the Local Government Act 1995 (WA); theLocal Government Act 1999 (SA); the Local Government Act 1993 (Tas); andthe Local Government Act 2008 (NT);(g) catering by a restaurant business;(h) theme parks;(i) in-flight catering for airlines;[4.1(j) substituted by PR994455 from 01Jan10] (j)restaurants covered by the Fast Food Industry Award 2010, the Registered andLicensed Clubs Award 2010 or the Restaurant Industry Award 2010; (k)contract cleaning undertaken by companies not operating exclusively in thehospitality industry; (l) catering services provided by aged care employers (except where these servicesare provided by a hospitality industry employer for or within an aged carefacility);(m) contract security, contract gardening or contract maintenance provided by anexternal provider, whose primary business falls outside the hospitalityoperation; andHospitality Industry (General) Award 2010MA000009 9 (n)businesses primarily concerned with the sale of petroleum or mixed functionsinvolving the sale of petroleum. [4.5 renumbered as 4.2 and substituted by PR994455 from 01Jan10]4.2 For the purpose of clause 4.1, hospitality industry includes hotels; motor inns andmotels; boarding establishments; condominiums and establishments of a like nature;health or recreational farms; private hotels, guest houses, serviced apartments;caravan parks; ski lodges; holiday flats or units, ranches or farms; hostels, or anyother type of residential or tourist accommodation; wine saloons, wine bars ortaverns; liquor booths; resorts; caterers; restaurants operated in or in connection withpremises owned or operated by employers otherwise covered by this award; casinos;and function areas and convention or like facilities operating in association with theaforementioned.[4.2 renumbered as 4.3 by PR994455 from 01Jan10]4.3 The award does not cover an employee excluded from award coverage by the Act.[4.3 renumbered as 4.4 and substituted by PR994455 from 01Jan10]4.4 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (TransitionalProvisions and Consequential Amendments) Act 2009 (Cth)), or employers inrelation to those employees.[4.4 and 4.6 deleted by PR994455 from 01Jan10][New 4.5, 4.6, 4.7 and 4.8 inserted by PR994455 from 01Jan10]4.5 The award does not cover employees who are covered by a State reference publicsector modern award, or a State reference public sector transitional award (within themeaning of the Fair Work (Transitional Provisions and Consequential Amendments)Act 2009 (Cth)), or employers in relation to those employees.4.6 This award covers any employer which supplies labour on an on-hire basis in theindustry set out in clause 4.1 in respect of on-hire employees in classificationscovered by this award, and those on-hire employees, while engaged in theperformance of work for a business in that industry. This subclause operates subjectto the exclusions from coverage in this award.4.7 This award covers employers which provide group training services for apprenticesand/or trainees engaged in the industry and/or parts of industry set out at clause 4.1and those apprentices and/or trainees engaged by a group training service hosted by acompany to perform work at a location where the activities described herein arebeing performed. This subclause operates subject to the exclusions from coverage inthis award.4.8 Where an employer is covered by more than one award, an employee of thatemployer is covered by the award classification which is most appropriate to thework performed by the employee and to the environment in which the employeenormally performs the work.NOTE: Where there is no classification for a particular employee in this award it ispossible that the employer and that employee are covered by an award withoccupational coverage.Hospitality Industry (General) Award 201010 MA0000095. Access to the award and the National Employment StandardsThe employer must ensure that copies of this award and the NES are available to allemployees to whom they apply either on a noticeboard which is conveniently located at ornear the workplace or through electronic means, whichever makes them more accessible.6. The National Employment Standards and this awardThe NES and this award combine to contain the minimum conditions of employment foremployees covered by this award.7. Award flexibility[Varied by PR994455, PR542129]7.1 Notwithstanding any other provision of this award, an employer and an individualemployee may agree to vary the application of certain terms of this award to meet thegenuine individual needs of the employer and the individual employee. The terms theemployer and the individual employee may agree to vary the application of are thoseconcerning:(a) arrangements for when work is performed;(b) overtime rates;(c) penalty rates;(d) allowances; and(e) leave loading.[7.2 varied by PR542129 ppc 04Dec13]7.2 The employer and the individual employee must have genuinely made the agreementwithout coercion or duress. An agreement under this clause can only be entered intoafter the individual employee has commenced employment with the employer.7.3 The agreement between the employer and the individual employee must: (a)be confined to a variation in the application of one or more of the terms listedin clause 7.1; and [7.3(b) substituted by PR994455 from 01Jan10; varied by PR542129 ppc 04Dec13](b) result in the employee being better off overall at the time the agreement ismade than the employee would have been if no individual flexibility agreementhad been agreed to.[7.4 substituted by PR994455 from 01Jan10]7.4 The agreement between the employer and the individual employee must also:(a) be in writing, name the parties to the agreement and be signed by the employerand the individual employee and, if the employee is under 18 years of age, theemployee’s parent or guardian;Hospitality Industry (General) Award 2010MA000009 11 (b)state each term of this award that the employer and the individual employeehave agreed to vary; (c)detail how the application of each term has been varied by agreement betweenthe employer and the individual employee; (d)detail how the agreement results in the individual employee being better offoverall in relation to the individual employee’s terms and conditions of employment; and(e) state the date the agreement commences to operate.[7.5 deleted by PR994455 from 01Jan10][7.6 renumbered as 7.5 by PR994455 from 01Jan10]7.5 The employer must give the individual employee a copy of the agreement and keepthe agreement as a time and wages record.[New 7.6 inserted by PR994455 from 01Jan10]7.6 Except as provided in clause 7.4(a) the agreement must not require the approval orconsent of a person other than the employer and the individual employee.7.7 An employer seeking to enter into an agreement must provide a written proposal tothe employee. Where the employee’s understanding of written English is limited theemployer must take measures, including translation into an appropriate language, toensure that the employee understands the proposal.7.8 The agreement may be terminated:[7.8(a) varied by PR542129 ppc 04Dec13](a) by the employer or the individual employee giving 13 weeks’ notice oftermination, in writing, to the other party and the agreement ceasing to operateat the end of the notice period; or (b)at any time, by written agreement between the employer and the individualemployee. [Note inserted by PR542129 ppc 04Dec13]Note: If any of the requirements of s.144(4), which are reflected in the requirementsof this clause, are not met then the agreement may be terminated by either theemployee or the employer, giving written notice of not more than 28 days (see s.145of the Fair Work Act 2009 (Cth)).[New 7.9 inserted by PR542129 ppc 04Dec13]7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into fromthe first full pay period commencing on or after 4 December 2013. An agreemententered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’ notice of termination.Hospitality Industry (General) Award 201012 MA000009[7.9 renumbered as 7.10 by PR542129 ppc 04Dec13] 7.10The right to make an agreement pursuant to this clause is in addition to, and is notintended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.Part 2—Consultation and Dispute Resolution8. Consultation[8—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]8.1 Consultation regarding major workplace change(a) Employer to notify(i) Where an employer has made a definite decision to introduce majorchanges in production, program, organisation, structure or technologythat are likely to have significant effects on employees, the employermust notify the employees who may be affected by the proposed changesand their representatives, if any.(ii) Significant effects include termination of employment; major changes inthe composition, operation or size of the employer’s workforce or in theskills required; the elimination or diminution of job opportunities,promotion opportunities or job tenure; the alteration of hours of work; theneed for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makesprovision for alteration of any of these matters an alteration is deemednot to have significant effect.(b) Employer to discuss change(i) The employer must discuss with the employees affected and theirrepresentatives, if any, the introduction of the changes referred to inclause 8.1(a), the effects the changes are likely to have on employees andmeasures to avert or mitigate the adverse effects of such changes onemployees and must give prompt consideration to matters raised by theemployees and/or their representatives in relation to the changes.(ii) The discussions must commence as early as practicable after a definitedecision has been made by the employer to make the changes referred toin clause 8.1(a).(iii) For the purposes of such discussion, the employer must provide inwriting to the employees concerned and their representatives, if any, allrelevant information about the changes including the nature of thechanges proposed, the expected effects of the changes on employees andany other matters likely to affect employees provided that no employer isrequired to disclose confidential information the disclosure of whichwould be contrary to the employer’s interests.Hospitality Industry (General) Award 2010MA000009 138.2 Consultation about changes to rosters or hours of work(a) Where an employer proposes to change an employee’s regular roster orordinary hours of work, the employer must consult with the employee oremployees affected and their representatives, if any, about the proposedchange.(b) The employer must: (i)provide to the employee or employees affected and their representatives,if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster orordinary hours of work and when that change is proposed to commence); (ii)invite the employee or employees affected and their representatives, ifany, to give their views about the impact of the proposed change(includinganyimpactinrelationtotheirfamilyorcaring responsibilities); and(iii) give consideration to any views about the impact of the proposed changethat are given by the employee or employees concerned and/or theirrepresentatives. (c)The requirement to consult under this clause does not apply where an employeehas irregular, sporadic or unpredictable working hours. (d)These provisions are to be read in conjunction with other award provisionsconcerning the scheduling of work and notice requirements. 9. Dispute resolution[Varied by PR994455, PR542129]9.1 In the event of a dispute in relation to a matter about this award, or in relation to theNES, in the first instance the parties must attempt to resolve the matter at theworkplace by discussions between the employee or employees concerned and therelevant supervisor. If such discussions do not resolve the dispute, the parties willendeavour to resolve the dispute in a timely manner by discussions between theemployee or employees concerned and more senior levels of management asappropriate.[9.2 varied by PR994455, PR542129 ppc 04Dec13]9.2 If a dispute in relation to a matter arising under this award or the NES is unable to beresolved at the workplace, and all appropriate steps under clause 9.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.[9.3 varied by PR994455, PR542129 ppc 04Dec13]9.3 The parties may agree on the process to be utilised by the Fair Work Commissionincluding mediation, conciliation and consent arbitration.Hospitality Industry (General) Award 201014 MA000009[9.4 varied by PR994455, PR542129 ppc 04Dec13]9.4 Where the matter in dispute remains unresolved the Fair Work Commission mayexercise any method of dispute resolution permitted by the Act that it considersappropriate to ensure the settlement of the dispute.9.5 An employer or employee may appoint another person, organisation or association toaccompany and/or represent them for the purposes of this clause.9.6 While the dispute resolution procedure is being conducted, work must continue inaccordance with this award and the Act. Subject to applicable occupational healthand safety legislation, an employee must not unreasonably fail to comply with adirection by the employer to perform work, whether at the same or anotherworkplace, that is safe and appropriate for the employee to perform.Part 3—Types of Employment and Termination of Employment10. Types of employment10.1 Employees under this award will be employed in one of the following categories:(a) full-time;(b) part-time; or(c) casual. 10.2At the time of engagement an employer will inform each employee of the terms oftheir engagement and in particular whether they are to be full-time, part-time or casual.11. Full-time employmentA full-time employee is an employee who is engaged to work an average of 38 ordinary hoursper week.12. Part-time employment[Varied by PR992056]12.1 An employer may employ part-time employees in any classification in this award.12.2 A part-time employee is an employee who:(a) works less than full-time hours of 38 per week;(b) has reasonably predictable hours of work; and (c)receives, on a pro rata basis, equivalent pay and conditions to those of full-timeemployees who do the same kind of work. 12.3At the time of engagement the employer and the part-time employee will agree inwriting on a regular pattern of work, specifying at least the hours worked each day, Hospitality Industry (General) Award 2010MA000009 15which days of the week the employee will work and the actual starting and finishingtimes each day.12.4 Any agreed variation to the hours of work will be recorded in writing.12.5 An employer is required to roster a part-time employee for a minimum of threeconsecutive hours on any shift.12.6 An employee who does not meet the definition of a part-time employee and who isnot a full-time employee will be paid as a casual employee in accordance withclause 13—Casual employment.12.7 All time worked in excess of the hours as agreed under clause 12.3 or varied underclause 12.4 will be overtime and paid for at the rates prescribed in clause 33—Overtime.12.8 A part-time employee employed under the provisions of this clause must be paid forordinary hours worked at the rate of 1/38th of the weekly rate prescribed inclause 20—Minimum wages, for the work performed.13. Casual employment13.1 A casual employee is an employee engaged as such and must be paid a casualloading of 25% as provided for in this award. The casual loading is paid ascompensation for annual leave, personal/carer’s leave, notice of termination,redundancy benefits and the other entitlements of full-time or part-time employment.13.2 On each occasion a casual employee is required to attend work they are entitled to aminimum payment for two hours’ work.13.3 A casual employee must be paid at the termination of each engagement, but mayagree to be paid weekly or fortnightly.13.4 Conversion to full-time or part-time employment(a) This clause only applies to a regular casual employee. (b)A regular casual employee means a casual employee who is employed by anemployer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employmentduring a period of at least 12 months.(c) A regular casual employee who has been engaged by a particular employer forat least 12 months may elect (subject to the provisions of this clause) to havetheir contract of employment converted to full-time or part-time employment.(d) An employee who has worked at the rate of an average of 38 or more hours aweek in the period of 12 months casual employment may elect to have theiremployment converted to full-time employment.(e) An employee who has worked at the rate of an average of less than 38 hours aweek in the period of 12 months casual employment may elect to have theiremployment converted to part-time employment.Hospitality Industry (General) Award 201016 MA000009(f) Where a casual employee seeks to convert to full-time or part-timeemployment, the employer may consent to or refuse the election, but only onreasonable grounds. In considering a request, the employer may have regard toany of the following factors: the size and needs of the workplace or enterprise; the nature of the work the employee has been doing; the qualifications, skills, and training of the employee; the trading patterns of the workplace or enterprise (including cyclical andseasonal trading demand factors); the employee’s personal circumstances, including any family responsibilities;and any other relevant matter.(g) Where it is agreed that a casual employee will have their employmentconverted to full-time or part-time employment as provided for in this clause,the employer and employee must discuss and agree upon: the form of employment to which the employee will convert—that is,full-time or part-time employment; and if it is agreed that the employee will become a part-time employee, thematters referred to in clause 12—Part-time employment.(h) The date from which the conversion will take effect is the commencement ofthe next pay cycle following such agreement being reached unless otherwiseagreed.(i) Once a casual employee has converted to full-time or part-time employment,the employee may only revert to casual employment with the writtenagreement of the employer.(j) An employee must not be engaged and/or re-engaged (which includes a refusalto re-engage) to avoid any obligation under this award.(k) Nothing in this clause obliges a casual employee to convert to full-time orpart-time employment, nor permits an employer to require a casual employeeto so convert.(l) Nothing in this clause requires the employer to convert the employment of aregular casual employee to full-time or part-time employment if the employeehas not worked for 12 months or more in a particular establishment or in aparticular classification stream.(m) Nothing in this clause requires an employer to increase the hours of a regularcasual employee seeking conversion to full-time or part-time employment.Hospitality Industry (General) Award 2010MA000009 1714. Apprentices[14 varied by PR559284] 14.1Apprentices will be engaged in accordance with relevant apprenticeship legislationand be paid in accordance with clause 20.4. 14.2An apprentice under the age of 18 years must not, without their consent, be requiredto work overtime or shift work. [14.3 to 14.11 inserted by PR559284 ppc 01Jan15] 14.3No apprentice will, except in an emergency, work or be required to work overtime orshiftwork at times which would prevent their attendance at training consistent with their training contract.14.4 Except as provided in this clause or where otherwise stated, all conditions ofemployment specified in this award apply to apprentices. 14.5Where an apprentice is required to attend block release training for training identifiedin or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by theapprentice in the course of travelling to and from such training. Provided that thisclause will not apply where the apprentice could attend an alternative RegisteredTraining Organisation (RTO) and the use of the more distant RTO is not agreedbetween the employer and the apprentice. 14.6For the purposes of clause 14.5, excess reasonable travel costs include the total costsof reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonableexpenses incurred while travelling, including meals, which exceed those incurred intravelling to and from work. For the purposes of this subclause, excess travel costsdo not include payment for travelling time or expenses incurred while not travellingto and from block release training. 14.7The amount payable by an employer under clause 14.5 may be reduced by an amountthe apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if anapprentice has either received such assistance or their employer has advised them inwriting of the availability of such assistance. 14.8All training fees charged by an RTO for prescribed courses and the cost of allprescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship , which are paid by anapprentice, shall be reimbursed by the employer within six months of thecommencement of the apprenticeship or the relevant stage of the apprenticeship, orwithin three months of the commencement of the training provided by the RTO,whichever is the later, unless there is unsatisfactory progress. 14.9An employer may meet its obligations under clause 14.8 by paying any fees and/orcost of textbooks directly to the RTO. 14.10An apprentice is entitled to be released from work without loss of continuity ofemployment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.Hospitality Industry (General) Award 201018 MA000009 14.11Time spent by an apprentice in attending any training and/or assessment specified in,or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining theapprentice’s employment conditions. This subclause operates subject to theprovisions of Schedule G—School-based Apprenticeship.15. Junior employees[15.1 substituted by PR994907 ppc 10Mar10]15.1 Junior employees will be paid in accordance with clause 20.5. Where the lawpermits, junior employees may be employed as liquor service employees (beingpersons employed to sell or dispense liquor in bars and/or bottle departments orshops, as well as cellar employees or other places where liquor is sold) and must bepaid at the adult rate of pay in clause 20.1 for the classification for the work beingperformed. 15.2An employer may at any time demand the production of a birth certificate or othersatisfactory 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 theemployer. 15.3No employee under the age of 18 years will be required to work more than 10 hoursin a shift. 16. Termination of employment[Varied by PR540249]16.1 Notice of termination is provided for in the NES.16.2 Notice of termination by an employee[16.2 renumbered as 16.2(a) by PR540249 ppc 15Aug13](a) The notice of termination required to be given by an employee is the same asthat required of an employer, except that there is no requirement on theemployee to give additional notice based on the age of the employeeconcerned. If an employee fails to give the required notice the employer maywithhold from any monies due to the employee on termination, under thisaward or the NES, an amount not exceeding the amount the employee wouldhave been paid under this award in respect of the period of notice required bythis clause, less any period of notice actually given by the employee.[new 16.2(b) inserted by PR540249 ppc 15Aug13](b) If an employee gives notice of termination in accordance with clause 16.2(a),the employer may, at its discretion, elect to make a payment in lieu of theemployee working for all or part of the notice period. The payment must beequivalent to the amount the employer would have been otherwise required tomake pursuant to s.117 of the Act had the employer terminated the employee’semployment.Hospitality Industry (General) Award 2010MA000009 1916.3 Job search entitlementWhere an employer has given notice of termination to an employee, an employeemust be allowed up to one day’s time off without loss of pay for the purpose ofseeking other employment. The time off is to be taken at times that are convenient tothe employee after consultation with the employer.17. Redundancy[Varied by PR994455, PR505248, PR561478]17.1 Redundancy pay is provided for in the NES.17.2 Transfer to lower paid dutiesWhere an employee is transferred to lower paid duties by reason of redundancy thesame period of notice must be given as the employee would have been entitled to ifthe employment had been terminated and the employer may, at the employer’soption, make payment instead of an amount equal to the difference between theformer ordinary time rate of pay and the new ordinary time rate for the number ofweeks of notice still owing.17.3 Employee leaving during notice periodAn employee given notice of termination in circumstances of redundancy mayterminate their employment during the period of notice. The employee will beentitled to receive the benefits and payments they would have received under thisclause had they remained in employment until the expiry of the notice, but will notbe entitled to payment instead of notice.17.4 Job search entitlement(a) An employee given notice of termination in circumstances of redundancy willbe allowed up to one day’s time off without loss of pay during each week ofnotice for the purpose of seeking other employment.(b) If the employee has been allowed paid leave for more than one day during thenotice period for the purpose of seeking other employment, the employee will,at the request of the employer, be required to produce proof of attendance at aninterview or they will not receive payment for the time absent. For this purposea statutory declaration will be sufficient.(c) This entitlement applies instead of clause 16.3.17.5 Transitional provisions – NAPSA employees[17.5 substituted by PR994455; renamed by PR505248; deleted by PR561478 ppc 05Mar15]17.6 Transitional provisions – Division 2B State employees[17.6 inserted by PR505248; deleted by PR561478 ppc 05Mar15]Hospitality Industry (General) Award 201020 MA000009Part 4—Classifications and Minimum Wage Rates18. Work organisationEmployees must undertake duties as directed within the limits of their competence and mayundertake duties across the different streams contained in the classification definitions inSchedule D—Classification Definitions.19. ClassificationsThe definitions of the classification levels in clause 20—Minimum wages are contained inSchedule D—Classification Definitions.20. Minimum wages[Varied by PR992056, PR994455, PR997888, PR509040, PR514972, PR522871, PR536674, PR540249,PR540578, PR544256, PR551597, PR566676, PR579759]20.1 General[20.1 varied by PR994455 ppc 01Jan10; PR997888, PR509040 , PR514972, PR522871, PR536674, PR551597,PR566676, PR579759 ppc 01Jul16]An adult employee within a level specified in the following table (other than anapprentice) will be paid not less than the rate per week assigned to the classification,as defined in Schedule D—Classification Definitions, for the area in which suchemployee is working. An employee’s rate of pay is inclusive of the award rate set outin this clause and the additional allowance for a fork-lift driver set out inclause 21.2(a). LevelClassificationMinimumweekly wageMinimumhourly wage$$Introductory672.7017.70Level 1Food and beverage attendant grade 1692.1018.21Guest service grade 1Kitchen attendant grade 1Level 2Clerical grade 1718.6018.91Cook grade 1Door person/security officer grade 1Food and beverage attendant grade 2Front office grade 1Guest service grade 2Kitchen attendant grade 2Leisure attendant grade 1Gardener grade 1 Hospitality Industry (General) Award 2010MA000009 21 LevelClassificationMinimumweekly wageMinimumhourly wage $$Storeperson grade 1Level 3Clerical grade 2743.3019.56Cook grade 2Food and beverage attendant grade 3Fork-lift driverFront office grade 2Guest service grade 3HandypersonKitchen attendant grade 3Leisure attendant grade 2Gardener grade 2Storeperson grade 2Timekeeper/security officer grade 2Level 4Clerical grade 3783.3020.61Cook (tradesperson) grade 3Food and beverage attendant(tradesperson) grade 4Front office grade 3Guest service grade 4Leisure attendant grade 3Gardener grade 3 (tradesperson)Storeperson grade 3Level 5Clerical supervisor832.3021.90Cook (tradesperson) grade 4Food and beverage supervisorFront office supervisorGuest service supervisorGardener grade 4 (tradesperson)Level 6Cook (tradesperson) grade 5854.6022.49 20.2 Managerial staff (Hotels)[20.2 varied by PR997888, PR509040, PR522871, PR536674; renamed and substituted by PR540249 ppc15Aug13; corrected by PR540578 ppc 15Aug13; varied by PR551597, PR566676, PR579759 ppc 01Jul16]The minimum annual salary payable to employees within the Managerial Staff(Hotels) classification level within Schedule D, will be $44,518 per annum.Hospitality Industry (General) Award 201022 MA00000920.3 Casino gaming classifications[20.3 varied by PR997888, PR509040, PR522871, PR536674, PR551597; substituted by PR566676ppc 01Jul15; varied by PR579759 ppc 01Jul16]An adult employee of a classification specified in the table hereunder must be paidnot less than the rate per week assigned to the classification, as defined in the CasinoGaming Stream within Schedule D—Classification Definitions, for the work onwhich the employee is engaged: LevelClassificationMinimum weekly rate$Introductory692.10Level 1Casino electronic gaming employeegrade 1734.00Level 2Casino electronic gaming employeegrade 2758.70Casino equipment technician grade 1Casino table gaming employee grade 1Customer liaison officerGaming finance employee grade 1Level 3Casino equipment technician grade 2783.30Gaming finance employee grade 2Security officer grade 1Level 3ACasino table gaming employee grade 2820.00Level 4Casino equipment technician grade 3832.30Gaming finance employee grade 3Security officer grade 2Level 5Casino table gaming employee grade 3857.10Gaming finance employee grade 4Level 6Casino table gaming employee grade 4881.70Gaming finance employee grade 5Surveillance operator 20.4 Apprentice wages(a) Cooking apprenticeship (i)A person who has completed a full apprenticeship for cooking must bepaid not less than the standard weekly rate. Hospitality Industry (General) Award 2010MA000009 23 (ii)An employee apprenticed in the cooking trade will be paid the percentageof the standard weekly rate, as follows: Year%First55Second65Third80Fourth95 (b) Waiting apprenticeship (i)Any person who has completed a full apprenticeship as a qualifiedtradesperson must be paid not less than the standard weekly rate. (ii)An employee apprenticed in the waiting trade will be paid the standardweekly rate, or the wage as otherwise prescribed, as follows: First six months70%Second six months85%Third six monthsMidway between the total rate prescribed for foodand beverage attendant grade 2 (waiter) in clause20.1 and the standard weekly rate; andFourth six monthsMidway between the total rate prescribed for thirdsix months, above, and the standard weekly rate. (c) Proficiency payments—cooking trade(i) ApplicationProficiency pay as set out in clause 20.4(c)(ii) will apply to apprenticeswho have successfully completed their schooling in a given year.(ii) PaymentsApprentices must receive the standard weekly rate during the latter halfof the fourth year of the apprenticeship where the standard of proficiencyhas been attained on one, two or three occasions on the following basis:(1) one occasion only: for the first nine months of the fourth year of apprenticeship, thenormal fourth year rate of pay; thereafter, the standard weekly rate.(2) on two occasions: for the first six months of the fourth year of apprenticeship, thenormal fourth year rate of pay; thereafter, the standard weekly rate.Hospitality Industry (General) Award 201024 MA000009(3) on all three occasions: for the entire fourth year, the standard weekly rate.(d) Proficiency payments—waiting trade(i) ApplicationProficiency pay as set out in clause 20.4(d)(ii) will apply to level 2apprentices who have successfully completed their schooling in the firstyear.(ii) PaymentsApprentices who have attained the standard of proficiency in their firstyear must receive the standard weekly rate during the latter half of thesecond year of apprenticeship.(e) Adult apprentices[20.4(e) inserted by PR544256 ppc 01Jan14](i) The minimum rate for an adult apprentice who commenced on or after1 January 2014 and is in the first year of their apprenticeship must be80% of the minimum wage for Level 4 in clause 20.1, or the rateprescribed by clause 20.4(a) or 20.4(b) for the relevant year of theapprenticeship, whichever is the greater.(ii) The minimum rate for an adult apprentice who commenced on or after1 January 2014 and is in the second and subsequent years of theirapprenticeship must be the rate for the lowest adult classification inclause 20.1, or the rate prescribed by clause 20.4(a) or 20.4(b) for therelevant year of the apprenticeship, whichever is the greater.(iii) A person employed by an employer under this award immediately priorto entering into a training agreement as an adult apprentice with thatemployer must not suffer a reduction in their minimum wage by virtue ofentering into the training agreement, provided that the person has been anemployee in that enterprise for at least six months as a full-timeemployee or twelve months as a part-time or regular and systematiccasual employee immediately prior to commencing the apprenticeship.For the purpose only of fixing a minimum wage, the adult apprenticemust continue to receive the minimum wage that applies to theclassification specified in clause 20.1 or 20.3 in which the adultapprentice was engaged immediately prior to entering into the trainingagreement.20.5 Juniors(a) Junior employees (other than office juniors)The minimum rates of wages for junior employees are the undermentionedpercentages of the rates prescribed for the appropriate adult classification forthe work performed for the area in which such junior is working:Hospitality Industry (General) Award 2010MA000009 25 Age% of adult rate16 years and under5017 years6018 years7019 years8520 years100 (b) Junior office employeesThe minimum rates of wages for junior office employees are theundermentioned percentages of rates prescribed for the grade in which they areworking: Age% of adult rateUnder 16 years4516 years5517 years6518 years7519 years9020 years100 21. AllowancesTo view the current monetary amounts of work-related allowances refer to the AllowancesSheet.[Varied by PR994455, PR998103, PR505248, PR509162, PR522992, PR536795, PR540249, PR540578,PR551718, PR561478, PR566817, PR579513]21.1 Expenses incurred in the course of employment(a) Meal allowance[21.1(a)(i) varied by PR998103, PR509162, PR522992, PR536795, PR551718, PR566817, PR579513 ppc01Jul16] (i)An employee required to work overtime for more than two hours withoutbeing notified on the previous day or earlier that they will be so required to work must either be supplied with a meal by the employer or be paidan allowance of $12.57.(ii) If an employee who has been given notice of a requirement to workovertime has provided a meal and is not required to work overtime or isrequired to work less than the amount advised, they must be paid asHospitality Industry (General) Award 201026 MA000009prescribed above for the meal which they have provided but which issurplus.(b) Clothing, equipment and tools(i) Where a cook is required to use their own tools, the employer must payan allowance of $1.55 per day or part thereof up to a maximum of $7.60per week.(ii) Where the employer requires an employee to wear any special clothingsuch as coats, dresses, caps, aprons, cuffs and any other articles ofclothing, the employer must reimburse the employee for the cost ofpurchasing such special clothing. The provisions of this clause do notapply where the special clothing is paid for by the employer.(iii) Where the employee is responsible for laundering the special clothing theemployer must reimburse the employee for the demonstrated costs oflaundering it.(iv) The employer and the employee may agree on an arrangement underwhich the employee will wash and iron the special clothing for an agreedsum of money to be paid by the employer to the employee each week. (v)For the purposes of this clause black and white attire (not being dinnersuit or evening dress), shoes, hose and/or socks are not special clothing. (vi) Where it is necessary that an employee wear waterproof or otherprotective clothing such as waterproof boots, aprons, or gloves, theemployer must reimburse the employee for the cost of purchasing suchclothing. The provisions of this clause do not apply where the protectiveclothing is paid for by the employer.(vii) An employer may require an employee on commencing employment tosign a receipt for item/s of uniform and property. This receipt must listthe item/s of uniform and property and the value of them. If, when anemployee ceases employment, the employee does not return the item/s ofuniform and property (or any of them) in accordance with the receipt, theemployer will be entitled to deduct the value as stated on the receipt fromthe employee’s wages.(viii) In the case of genuine wear and tear, damage, loss or theft that is not theemployee’s fault the provisions of clause 21.1(b)(vii) will not apply.(ix) Where the employer requires an employee to provide and use any towels,tools, ropes, brushes, knives, choppers, implements, utensils andmaterials, the employer must reimburse the employee for the cost ofpurchasing such equipment. The provisions of this clause do not applywhere these items are paid for by the employer.(c) Uniform/laundry allowance—catering employees, including airportcatering employeesWhere a catering employer requires any employee to wear any special uniform,dress or clothing, the employer must reimburse the employee for the cost ofpurchasing such special clothing. The provisions of this clause do not applyHospitality Industry (General) Award 2010MA000009 27where the special clothing is paid for by the employer. Unless such uniform,dress or clothing is laundered by the employer, the employee will be paid alaundry allowance of $6.00 per week; and in the case of regular part-timeemployees and casual employees, $2.05 for each uniform laundered.For the purposes of this clause, black and white attire (not being dinner suit orevening dress), shoes, hose and/or socks are not special clothing.(d) Laundry allowance—motel employeesWhere any employee is required to wear a special uniform such uniform mustbe provided and laundered by the employer free of cost to the employee or ifmutually agreed that the employee will launder such uniform the employermust pay the employee an allowance of $2.40 per uniform laundered with amaximum of $7.45 per week.(e) Vehicle allowance[21.1(e) varied by PR522992, PR536795, PR540249 ppc 15Aug13; corrected by PR540578 ppc 15Aug13;varied by PR551718 ppc 01Jul14]]Employees defined as Managerial Staff (Hotels) who are required by theiremployer to use their own vehicle in or in connection with the official businessof the employer must be paid an allowance of $0.78 for each kilometre ofauthorised travel. An employer may require an employee to record full detailsof all such official travel requirements in a log book as a pre-condition for theemployee qualifying for the allowance.(f) Working lateWhen an employer requires an employee to work until it is unreasonable totravel by their normal method of transport home the employer must pay thecost of transport for the employee to get home. This clause does not applywhere the employer provides accommodation for the employee for the nightfree of charge or provides transport for the employee to get home.(g) Working earlyWhen an employer requires an employee to start work before their normalstarting time and before their normal method of transport to work is availablethe employer must pay the cost of transport for the employee to get to work.This clause does not apply where the employer provides transport for theemployee to get to work.(h) Working away from usual place of workThis clause applies where an employer requires an employee other than acasual to work at a place more than 80 kilometres from the employee’s usualplace of work. In these circumstances the employer must pay the employee anamount equal to the cost of fares reasonably spent by the employee intravelling from the employee’s usual place of work to the new place of work.However, the employer may recover any amount paid to an employee underthis clause if the employee concerned leaves their employment or is dismissedfor misconduct within three months of receiving such a payment.Hospitality Industry (General) Award 201028 MA000009(i) Travel allowance—airport catering employees[21.1(i) varied by PR522992, PR536795, PR551718 ppc 01Jul14]All employees engaged by airport catering employers must be paid a travellingallowance of $6.68 for each day the employee attends work.(j) Adjustment of expense related allowancesAt the time of any adjustment to the standard rate, each expense relatedallowance will be increased by the relevant adjustment factor. The relevantadjustment factor for this purpose is the percentage movement in the applicableindex figure most recently published by the Australian Bureau of Statisticssince the allowance was last adjusted.The applicable index figure is the index figure published by the AustralianBureau of Statistics for the Eight Capitals Consumer Price Index(Cat No. 6401.0), as follows: AllowanceApplicable Consumer Price Index FigureMeal allowanceTake away and fast foods sub-groupClothing, equipment and toolsallowanceClothing and footwear groupVehicle/travel allowancePrivate motoring sub-group 21.2Allowances for responsibilities or skills that are not taken into account in ratesof pay (a) Fork-lift driver[21.2(a) varied by PR540249 ppc 15Aug13]In addition to the wage rates set out in clause 20.1, a fork-lift driver must bepaid an additional allowance, per week, equal to 1.5% of the standard weeklyrate for all purposes. A part-time or casual fork-lift driver must be paid anadditional allowance, per day, equal to 0.3% of the standard weekly rate, to amaximum of 1.5% of the standard weekly rate per week.(b) First aid allowance[21.2(b) varied by PR540249 ppc 15Aug13]A full-time employee who has undertaken a first aid course and who is theholder of a current recognised first aid qualification such as a certificate fromthe St John Ambulance or similar body must be paid an additional allowance,per week, equal to 1.2% of the standard weekly rate if they are appointed bythe employer to perform first aid duty.A part-time or casual employee so appointed must be paid an additionalallowance, per day, equal to 0.24% of the standard weekly rate, to a maximumof 1.2% of the standard weekly rate per week.Hospitality Industry (General) Award 2010MA000009 29(c) Airport cateringThe following supervisory allowances are payable for employees of airportcatering employers, and are to be treated as part of the wage rate for all awardpayment calculations: Supervisory allowance% of the standard rateper weekA person required to supervise:up to 5 employees2.006 to 10 employees2.7511 to 20 employees3.10more than 20 employees5.20 21.3Allowance for disabilities associated with the performance of particular tasks orwork in particular conditions or locations (a) Broken periods of work[21.3(a) substituted by PR994455 from 01Jan10]Employees other than casuals who have a broken work day must receivean additional allowance as follows: where the time between periods of work is two hours and up to three hours—an allowance per day equal to 0.33% of the standard weekly rate; or where the time between periods of work is more than three hours—anallowance per day equal to 0.5% of the standard weekly rate.(b) Overnight stay allowanceWhere an employee is requested to stay on the employer’s premises for thepurpose of providing prompt assistance to guests outside of ordinary businessoperating hours, the following arrangements will apply: (i)The employee will be paid an amount equal to 6% of the standard weeklyrate per overnight stay period; (ii) This payment will be deemed to provide compensation for the overnightstay and also includes compensation for all work necessarily undertakenby an employee up to an hour’s duration;(iii) Any work necessarily performed during an overnight stay period by anemployee in excess of a total of one hour’s duration must be paid for atthe rate of 150%; and(iv) Time worked in accordance with this provision will not be taken intoaccount for the purposes of hours of work, overtime, leave accruals andthe like.Hospitality Industry (General) Award 201030 MA00000921.4 District allowances[21.4 varied by PR994455; deleted by PR561478 ppc 05Mar15]21.5 Accident pay[21 varied by PR994455; substituted by PR505248; deleted by PR561478 ppc 05Mar15]22. Supported wage system[Varied by PR992056]See Schedule E23. National training wage[Varied by PR992056]See Schedule F24. School-based apprenticeship[Varied by PR992056]See Schedule G25. Higher duties[Mixed functions renamed as Higher duties by PR994455 from 01Jan10] 25.1Except for Food and beverage attendants grade 2 and 3 as defined in Schedule D—Classification Definitions an employee engaged for two or more hours of one day on duties carrying a higher rate than their ordinary classification must be paid the higherrate for such day. If for less than two hours the employee must be paid the higher ratefor the time so worked. 25.2A higher paid employee will, when necessary, temporarily relieve a lower paidemployee without loss of pay. 26. Payment of wages[26 varied by PR588641] 26.1Except upon the termination of employment, all wages including overtime must bepaid 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, ina week where a holiday occurs payment of wages may be made on Friday. 26.2By agreement between the employer and the employee wages may be paid eitherweekly or fortnightly by one of the following means:  cash;Hospitality Industry (General) Award 2010MA000009 31 cheque; or payment into the employee’s bank account by electronic funds transfer, withoutcost to the employee.26.3 However, an employer may pay an employee weekly by cash without consultation.[26.4 substituted by PR588641 ppc 16Dec16]26.4 Where an employee is paid their wages by cash or cheque and the employee is leftwaiting at the workplace to be paid for more than 15 minutes, the employee must bepaid overtime rates after that 15 minutes for the duration spent waiting at theworkplace. 26.5Employees who are not paid by electronic funds transfer and whose rostered day offfalls 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.27. Salary arrangements[27—Annualised salary arrangements renamed as Salary arrangements and substituted by PR540249 ppc15Aug13; corrected by PR540578 ppc 15Aug13; varied by PR551597, PR566676, PR579759]27.1 Annualised Salary (Employees other than Managerial Staff (Hotels))This clause applies to employees other than those classified as Managerial Staff(Hotels).(a) As an alternative to being paid by the week according to clause 20—Minimumwages, by agreement between the employer and the employee, the employermay pay the employee at a rate equivalent to an annual salary of at least 25%or more above the rate prescribed in clause 20—Minimum wages, times 52 forthe work being performed. The employer and the individual employee mustgenuinely make the agreement without coercion or duress.(b) An agreement provided for in subclause 27.1(a) will: (i)have regard to the pattern of work in the employee’s occupation, industryor enterprise but must not disadvantage the employee involved; and (ii) unless the parties otherwise agree, relieve the employer of therequirements under clauses 32—Penalty rates and 33—Overtime (orother award clauses prescribing monetary entitlements, as specified in theagreement) to pay penalty rates and/or overtime (or other specifiedaward-derived monetary entitlements) that the employer would otherwisebe obliged to pay in addition to the weekly award wage for the workperformed and the hours worked by the employee, provided that thesalary paid over a year will be sufficient to cover what the employeewould have been entitled to if all award overtime and penalty ratepayment obligations (and other monetary entitlements specified in theagreement) had been complied with. (c)Provided further in the event of termination of employment prior to completionof a year the salary paid during such period of employment will be sufficient to Hospitality Industry (General) Award 201032 MA000009cover what the employee would have been entitled to if all award overtime andpenalty rate payment obligations had been complied with.(d) An employee being paid according to this clause will be entitled to a minimumof eight days off per four week cycle. If such an employee is required to workon a public holiday, they are entitled to paid time off that is of equal length tothe time worked on the public holiday or the equal length of time worked to beadded to their annual leave entitlement.(e) Where payment in accordance with this clause is adopted, the employer mustkeep a daily record of the hours worked by an employee which will show thedate and start and finish times of the employee for the day. The record must becountersigned weekly by the employee and must be kept at the place ofemployment for a period of at least six years.27.2 Salaries absorption (Managerial Staff (Hotels))This clause applies to those employees classified as Managerial Staff.[27.2(a) varied by PR551597, PR566676, PR579759 ppc 01Jul16] (a)Managerial Staff who are paid a salary of 25% in excess of the minimumannual salary rate of $44,518 per annum as in clause 20.2 (in receipt of a salary of at least $55,648 per annum), will not be entitled to the benefit of the termsand conditions within the following clauses: clause 12—Part-time employment; clause 21—Allowances; clause 29—Ordinary hours of work (Full-time and part-time employees) clause 31—Breaks; clause 32—Penalty rates; clause 33—Overtime; clause 34.2—Payment for annual leave; clause 37.1(b)(i)—Additional arrangements for full-time employees (onpublic holidays); clause 39—Provision of employee accommodation and meals. (b)An employee being paid according to clause 27.2(a) will be entitled to aminimum of eight days off per four week cycle. (c)An employee being paid according to clause 27.2(a) who works on a publicholiday will be entitled to paid time off that is of equal length to the time worked on the public holiday. This time is to be taken within 28 days ofaccruing it.(d) For the purpose of calculating the weekly equivalent of the annual salary ratesprescribed by this clause, the divisor of 52 will be used and the resultantamount will be taken to the nearest 10 cents. All calculations required to bemade under this award for the purpose of determining hourly amounts payableHospitality Industry (General) Award 2010MA000009 33to an employee will be calculated on the weekly equivalent of the annualsalary. (e)Managerial Staff will be reimbursed for all monies reasonably expended forand on behalf of the employer subject to hotel policy or approval. 27.3 Payment of salariesIn such circumstances and despite clause 26.2, where an employee is being paid inaccordance with clause 27.1 or clause 27.2, the employer may elect to pay theemployee monthly.28. Superannuation[Varied by PR990534, PR992056, PR994455, PR530234, PR533914, PR545964, PR549532, PR561478]28.1 Superannuation legislation(a) Superannuation legislation, including the Superannuation Guarantee(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and theSuperannuation (Resolution of Complaints) Act 1993 (Cth), deals with thesuperannuation rights and obligations of employers and employees. Undersuperannuation legislation individual employees generally have the opportunityto choose their own superannuation fund. If an employee does not choose asuperannuation fund, any superannuation fund nominated in the awardcovering the employee applies. (b)The rights and obligations in these clauses supplement those in superannuationlegislation. 28.2 Employer contributions(a) An employer must make such superannuation contributions to asuperannuation fund for the benefit of an employee as will avoid the employerbeing required to pay the superannuation guarantee charge undersuperannuation legislation with respect to that employee. (b)The employer must make contributions for each employee for such monthwhere the employee earns $350.00 or more in a calendar month. 28.3 Voluntary employee contributions(a) Subject to the governing rules of the relevant superannuation fund, anemployee may, in writing, authorise their employer to pay on behalf of theemployee a specified amount from the post-taxation wages of the employeeinto the same superannuation fund as the employer makes the superannuationcontributions provided for in clause 28.2.(b) An employee may adjust the amount the employee has authorised theiremployer to pay from the wages of the employee from the first of the monthfollowing the giving of three months’ written notice to their employer.Hospitality Industry (General) Award 201034 MA000009(c) The employer must pay the amount authorised under clauses 28.3(a) or (b) nolater than 28 days after the end of the month in which the deduction authorisedunder clauses 28.3(a) or (b) was made.28.4 Superannuation fund[28.4 varied by PR994455 from 01Jan10]Unless, to comply with superannuation legislation, the employer is required to makethe superannuation contributions provided for in clause 28.2 to anothersuperannuation fund that is chosen by the employee, the employer must make thesuperannuation contributions provided for in clause 28.2 and pay the amountauthorised under clauses 28.3(a) and (b) to one of the following superannuationfunds or its successor:(a) HOST-PLUS;(b) Sunsuper;(c) InTrust Super;[28.4(d) deleted by PR545964 ppc 01Jan14][New 28.4(e) inserted by PR533914 ppc 11Feb13; renumbered as 28.4(d) by PR545964 ppc 01Jan14](d) Club Plus Superannuation Pty Ltd;[28.4(e) renumbered as 28.4(f) by PR533914 ppc 11Feb13; deleted by PR545964 ppc 01Jan14][28.4(f) substituted by PR530234 ppc 26Oct12; renumbered as 28.4(g) by PR533914; renumbered as 28.4(e) byPR545964 ppc 01Jan14](e) CareSuper;[New 28.4(f) inserted by PR549532 ppc 01Jan14](f) Westscheme Superannuation Fund;[28.4(g) renumbered as 28.4(h) by PR533914; renumbered as 28.4(f) and varied by PR545964 ppc 01Jan14;renumbered as 28.4(g) by PR549532 ppc 01Jan14](g) any superannuation fund to which the employer was making superannuationcontributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund thatoffers a MySuper product or is an exempt public sector scheme; or[New 28.4(g) inserted by PR545964 ppc 01Jan14; renumbered as 28.4(h) by PR549532 ppc 01Jan14] (h)a superannuation fund or scheme which the employee is a defined benefitmember of. 28.5 Absence from workSubject to the governing rules of the relevant superannuation fund, the employermust also make the superannuation contributions provided for in clause 28.2 and paythe amount authorised under clauses 28.3(a) or (b):(a) Paid leave—while the employee is on any paid leave;Hospitality Industry (General) Award 2010MA000009 35[28.5(b) varied by PR561478 ppc 05Mar15](b) Work-related injury or illness—in respect of any employee entitled toaccident pay for the period of absence from work of the employee due to workrelated injury or work-related illness provided that:(i) the employee is receiving workers compensation payments or isreceiving regular payments directly from the employer in accordancewith the statutory requirements; and(ii) the employee remains employed by the employer.Part 5—Hours of Work and Related Matters29. Ordinary hours of work (Full-time and part-time employees)[29–Ordinary hours of work renamed as Ordinary hours of work (Full-time and part-time employees) andsubstituted by PR540249 ppc 15Aug13; corrected by PR540578 ppc 15Aug13]29.1 Full-time employees (a)The average of 38 hours per week is to be worked in one of the followingways:  a 19 day month, of eight hours per day; four days of eight hours and one day of six hours; four days of nine and a half hours per day; five days of seven hours and 36 minutes per day; 152 hours each four week period with a minimum of eight days offeach four week period; 160 hours each four week period with a minimum of eight days offeach four week period plus a rostered day off; any combination of the above.(b) The arrangement for working the average of 38 hours per week is to be agreedbetween the employer and the employee from the alternatives in clause 29.1(a)and must meet the following conditions:(i) A minimum of six hours and a maximum of 11 and a half hours may beworked on any one day. The daily minimum and maximum hours areexclusive of meal break intervals.(ii) An employee cannot be rostered to work for more than 10 hours per dayon more than three consecutive days without a break of at least 48 hoursimmediately following.(iii) No more than eight days of more than 10 hours may be worked in a fourweek period.Hospitality Industry (General) Award 201036 MA000009 (iv)Where broken shifts are worked the spread of hours can be no greaterthan 12 hours per day. (c) In addition to the conditions set out under clause 29.1(b), where the agreedhours of work arrangement provides for 160 hours per four week period with arostered day off, the arrangement will be subject to the following: (i)No employee is to work more than 10 days in a row without a rosteredday off. (ii)Where practicable the rostered day off must be contiguous with anemployee’s normal days off. (iii) Rostered days may be banked, up to a maximum of five days. (iv)An employee may elect, with the consent of the employer, to takerostered days off in part day amounts. (v)If a rostered day off falls on a public holiday then, where practicable, thenext day is to be taken as the rostered day off. (vi)The entitlement to a rostered day off on full pay is subject to thefollowing: (A) each day of paid leave, except annual leave and long service leave,and any public holiday occurring during the four week cycle mustbe regarded as a day worked for accrual purposes; and (B)an employee who has not worked a complete four week cycle inorder 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 rataamount is 24 minutes pay for each eight hour day worked.(d) In addition to the conditions set out under clause 29.1(b), where the agreedhours of work arrangement provides for 152 hours each four week period, thearrangement will be subject to the following: (i)No employee is to work more than 10 days in a row without a rosteredday off; (ii) Where an employee works more than 20 days each four week period, the21st and any subsequent days worked in the four week period must bepaid at the rates prescribed in clause 33—Overtime.29.2 Part-time employeesA part-time employee’s regular pattern of work must meet the following conditions:(a) A minimum of three hours and a maximum of 11 and a half hours may beworked on any one day. The daily minimum and maximum hours are exclusiveof meal break intervals. (b)An employee cannot be rostered to work for more than 10 hours per day onmore than three consecutive days without a break of at least 48 hours immediately following.Hospitality Industry (General) Award 2010MA000009 37 (c)No more than eight days of more than 10 hours may be worked in a four weekperiod. (d)Where broken shifts are worked the spread of hours can be no greater than12 hours per day. 29.3 Catering in remote locations(a) Notwithstanding clauses 29.1(a) to 29.1(d) catering employers servicing clientsin remote locations, may schedule work over consecutively recurring cyclesfollowed by consecutive non-working days. Such work cycles will only bealtered or introduced by agreement between an employer and the majority oftheir employees. (b)The total ordinary hours of work during a cycle will not exceed 40 hoursmultiplied by the number of working and non-working weeks in the cycle. (c)Overtime rates will be paid for any time in excess of eight hours per day or inexcess of the total ordinary hours prescribed in clause 29.3(a) (d) Wages may be paid according to a weekly average of the ordinary hoursworked even though more or less than 40 ordinary hours may be worked in anyparticular week of the work cycle.(e) An employee whose hours of duty are worked in accordance with this clausewill accrue an entitlement to paid accrued days off in accordance with theprovisions of clause 29.1(c).(f) An employee will have no entitlement to payment for the non-working days.29.4 Make-up time (a)Make-up time means an arrangement under which an employee takes time offduring their ordinary hours of work and makes up that time later. The employer and a majority of employees in a workplace may agree to introduce make-uptime subject to the following conditions: (i)An employer who intends to introduce make-up time will consult with itsemployees and their representatives. (ii) After the employer and a majority of employees have agreed to introducemake-up time an employee may elect, with the consent of their employer,to work make-up time. (b)Make-up time arrangements must comply with the conditions set out in clauses31—Breaks and 32—Penalty rates. (c)The employer must record make-up time arrangements in the time and wagesrecords. Hospitality Industry (General) Award 201038 MA00000930. Rostering[Varied by PR540249][30.1 substituted by PR540249 ppc 15Aug13] 30.1A roster for full-time and part-time employees must be prepared by the employer andmust be posted in a conspicuous place accessible to the employees concerned indicating: (a)The name of each employee concerned and their starting and finishing times;and (b) A minimum 10 hour break between the finish of ordinary hours on one day andthe commencement of ordinary hours on the following day. In the case ofchangeover of rosters, eight hours will be substituted for 10 hours. 30.2The roster will be alterable by mutual consent at any time or by amendment of theroster 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 mutualconsent or through sickness or other cause over which the employer has no control.31. Breaks[31 substituted by PR540249 ppc 15Aug13; corrected by PR540578 ppc 15Aug13]31.1 BreaksAn employee (including a casual employee) who is required to work a shift of morethan five hours and up to six hours may elect to take an unpaid meal break of up to30 minutes during the shift and the employer shall not unreasonably refuse therequest.31.2 Longer shifts(a) If the employee is required to work a shift of more than six hours and up toeight hours, the employee is entitled to an unpaid meal break of no less than 30minutes. The unpaid break may be taken no earlier than two hours after startingwork and no later than six hours of starting work. (b)If the employee is required to work a shift of more than eight hours and up to10 hours, the employee is entitled to an unpaid break of no less than 30 minutes and an additional 20 minute paid break (which may be taken as two 10 minutepaid breaks).The unpaid break may be taken no earlier than 2 hours after starting work andno later than six hours after starting work. Breaks should be spread evenlyacross the shift.(c) If the employee is required to work a shift exceeding 10 hours, the employee isentitled to an unpaid break of no less than 30 minutes and two 20 minute paidbreaks. The unpaid break may be taken no earlier than two hours after startingwork and no later than 6 hours after starting work. Breaks should be spreadevenly across the shift.Hospitality Industry (General) Award 2010MA000009 3931.3 Request for unpaid meal break(a) Where an employee elects to take an unpaid break, the request must be made inwriting no later than at the commencement of a shift and the employer shall notunreasonably refuse the request.(b) The written request will apply to all shifts undertaken by the employee of morethan five hours, unless otherwise agreed between the employee and employer.This arrangement may be reviewed at any time.31.4 Break not givenFor a shift of more than six hours, if the employer does not release an employee foran unpaid meal break the employee shall be paid at the rate of 50% of the ordinaryhourly rate extra for each hour or part of an hour from six hours after the employeestarted work until the employer gives the employee the unpaid meal break, or untilthe shift ends.31.5 Entitlement to additional breaks(a) If the employer requires an employee to work more than five continuous hoursafter an unpaid break, the employer must give the employee an additional 20minute paid break.[31.5(b) corrected by PR540578 ppc 15Aug13](b) If the employer requires an employee to work more than two hours’ overtimeafter the employee completes his or her rostered hours, the employer must givethe employee an additional 20 minute paid break.32. Penalty rates[Varied by PR994455, PR540249, PR540578] 32.1An employee performing work on the following days will be paid the followingpercentage of the minimum wage rate in clause 20—Minimum wages for the relevant classification: Monday toFriday%Saturday%Sunday%Publicholiday%Full-time and part-time100125175250Casual (inclusive of the25% casual loading)125150175275 32.2 Public holidays[32.2 substituted by PR994455 from 01Jan10][32.2(a) varied by PR540249 ppc 15Aug13](a) An employee other than a casual working on a public holiday will be paid for aminimum of four hours’ work. A casual employee working on a public holidaywill be paid for a minimum of two hours’ work.Hospitality Industry (General) Award 201040 MA000009[32.2(b) varied by PR540249 ppc 15Aug13; corrected by PR540578 ppc 15Aug13](b) Employees who work on a prescribed holiday may, by agreement, performsuch work at their applicable ordinary hourly rate plus 50% additional loadingrather than the penalty rate prescribed in clause 32.1, provided that equivalentpaid time is added to the employee’s annual leave or one day instead of suchpublic holiday will be allowed to the employee during the week in which suchholiday falls. Provided that such holiday may be allowed to the employeewithin 28 days of such holiday falling due.[32.2(c) substituted by PR540249 ppc 15Aug13](c) An employee other than a casual working on Christmas Day when it falls on aweekend, and is not prescribed as a public holiday under the NES will be paidan additional loading of 50% of their applicable ordinary hourly rate for thehours worked on that day and will also be entitled to the benefit of a substituteday.[32.3 deleted by PR994455 from 01Jan10]32.3 Other penalty[32.4 renumbered as 32.3 by PR994455 from 01Jan10]Employees will be entitled to the following additional penalty for work performed atthe following times: (a)Monday–Friday—7.00 pm to midnight: 10% of the standard hourly rate perhour or any part of an hour for such time worked within the said hours; (b)Monday–Friday—midnight to 7.00 am: 15% of the standard hourly rate perhour or any part of an hour for such time worked within the said hours. 32.4 Penalty rates not cumulative[32.5 renumbered as 32.4 by PR994455 from 01Jan10]Except as provided in clause 31—Breaks, where time worked is required to be paidfor at more than the ordinary rate such time will not be subject to more than onepenalty, but will be subject to that penalty which is to the employee’s greatestadvantage.33. Overtime[Varied by PR584111]33.1 Reasonable overtime (a)Subject to clause 33.1(b) an employer may require an employee other than acasual employee to work reasonable overtime at overtime rates. (b)An employee may refuse to work overtime in circumstances where the workingof such overtime would result in the employee working hours which are unreasonable having regard to:(i) any risk to the employee’s health and safety;Hospitality Industry (General) Award 2010MA000009 41(ii) the employee’s personal circumstances including any familyresponsibilities;(iii) the needs of the workplace or enterprise; (iv)the notice (if any) given by the employer of the overtime and by theemployee of their intention to refuse it; and (v) any other relevant matter.33.2 Entitlement to overtime rates (a)A full-time employee is paid at overtime rates for any work done outside of thehours set out in clause 29—Ordinary hours of work. (b)A part-time employee is paid at overtime rates in the circumstances specified inclause 12.7. 33.3 Overtime rates (a)The following overtime rates are payable to an employee, depending on thetime at which the overtime is worked: (i) Monday to Friday: 150% of their normal rate of pay for the first twohours of overtime; and twice their normal rate of pay for the rest of theovertime. (ii)Between midnight Friday and midnight Sunday: twice their normal rateof pay for any work done. (iii) On a rostered day off: twice their normal rate of pay for any work done.An employee must be paid for at least four hours even if they work forless than four hours. (b)The four hour minimum payment does not apply to work which is part of thenormal roster which began the day before the rostered day off; or when overtime worked is continuous from the previous day’s duty.(c) Overtime stands aloneOvertime worked on any day stands alone.33.4 Time off instead of payment for overtime[33.4 inserted by PR584111 ppc 22Aug16](a) An employee and employer may agree in writing to the employee taking timeoff instead of being paid for a particular amount of overtime that has beenworked by the employee.(b) Any amount of overtime that has been worked by an employee in a particularpay period and that is to be taken as time off instead of the employee beingpaid for it must be the subject of a separate agreement under clause 33.4.(c) An agreement must state each of the following:Hospitality Industry (General) Award 201042 MA000009 (i)the number of overtime hours to which it applies and when those hourswere worked; (ii)that the employer and employee agree that the employee may take timeoff instead of being paid for the overtime; (iii) that, if the employee requests at any time, the employer must pay theemployee, for overtime covered by the agreement but not taken as timeoff, at the overtime rate applicable to the overtime when worked; (iv)that any payment mentioned in subparagraph (iii) must be made in thenext pay period following the request. Note: An example of the type of agreement required by this clause is set out atSchedule K. There is no requirement to use the form of agreement set out atSchedule K. An agreement under clause 33.4 can also be made by an exchangeof emails between the employee and employer, or by other electronic means.(d) The period of time off that an employee is entitled to take is the same as thenumber of overtime hours worked.EXAMPLE: By making an agreement under clause 33.4 an employee whoworked 2 overtime hours is entitled to 2 hours’ time off.(e) Time off must be taken:(i) within the period of 6 months after the overtime is worked; and (ii)at a time or times within that period of 6 months agreed by the employeeand employer. (f) If the employee requests at any time, to be paid for overtime covered by anagreement under clause 33.4 but not taken as time off, the employer must paythe employee for the overtime, in the next pay period following the request, atthe overtime rate applicable to the overtime when worked.(g) If time off for overtime that has been worked is not taken within the period of 6months mentioned in paragraph (e), the employer must pay the employee forthe overtime, in the next pay period following those 6 months, at the overtimerate applicable to the overtime when worked.(h) The employer must keep a copy of any agreement under clause 33.4 as anemployee record.(i) An employer must not exert undue influence or undue pressure on an employeein relation to a decision by the employee to make, or not make, an agreement totake time off instead of payment for overtime.(j) An employee may, under section 65 of the Act, request to take time off, at atime or times specified in the request or to be subsequently agreed by theemployer and the employee, instead of being paid for overtime worked by theemployee. If the employer agrees to the request then clause 33.4 will apply,including the requirement for separate written agreements under paragraph (b)for overtime that has been worked.Hospitality Industry (General) Award 2010MA000009 43Note: If an employee makes a request under section 65 of the Act for a changein working arrangements, the employer may only refuse that request onreasonable business grounds (see section 65(5) of the Act). (k)If, on the termination of the employee’s employment, time off for overtimeworked by the employee to which clause 33.4 applies has not been taken, the employer must pay the employee for the overtime at the overtime rateapplicable to the overtime when worked.Note: Under section 345(1) of the Act, a person must not knowingly orrecklessly make a false or misleading representation about the workplace rightsof another person under clause 33.4.Part 6—Leave and Public Holidays34. Annual leave[Varied by PR992056, PR992195, PR994455, PR583018]34.1 Leave entitlementAnnual leave is provided for in the NES. It does not apply to casual employees.For the purpose of the additional week of leave provided by the NES, a shiftworkeris a seven day shiftworker who is regularly rostered to work on Sundays and publicholidays in a business in which shifts are continuously rostered 24 hours a day forseven days a week.34.2 Payment for annual leaveThe NES prescribes the basis for payment for annual leave, including payment foruntaken leave upon the termination of employment.In addition to the payment provided for in the NES, an employer is required to payan additional leave loading of 17.5% of that payment.34.3 Close-down[34.3 renamed and substituted by PR583018 ppc 29Jul16]An employer may require an employee to take annual leave by giving at least fourweeks’ notice as part of a close-down of its operations. 34.4Special leave without pay arrangements in respect of catering provided forboarding schools and residential colleges Where an employee is employed at or in connection with catering functions inprimary and secondary boarding schools or residential colleges associated withtertiary educational institutions the following provisions apply:[34.4(a) varied by PR994455 from 01Jan10] (a)An employee may be required to take leave without pay during official termbreaks, semester breaks and the Christmas/summer vacation (the relevant period) provided that:Hospitality Industry (General) Award 201044 MA000009 an employee will be given as much notice as is practicable of the start andfinish of the relevant period. Such notice must be at least one week. Thenotice must be provided to the employee in writing. Once the notice isprovided to the employee, the period of leave without pay may be varied byagreement between the employee and employer; an employee may take accrued annual leave or long service leave during therelevant period; all periods of leave without pay will count for the purposes of accruingpersonal/carer’s leave, annual leave and long service leave; if appropriate work is available for the employee to perform during therelevant period, an employee will be offered that work. For the purposes ofthis subclause, appropriate work is work able to be performed by theemployee within the employee’s skills and experience; and where an employee performs appropriate work, the employee will be paid atthe rate applicable to the work performed. (b)No employee will have their employment terminated by reason of not beingable to perform work during the relevant period. 34.5 Annual leave in advance[34.5 inserted by PR583018 ppc 29Jul16](a) An employer and employee may agree in writing to the employee taking aperiod of paid annual leave before the employee has accrued an entitlement tothe leave.(b) An agreement must: (i)state the amount of leave to be taken in advance and the date on whichleave is to commence; and (ii)be signed by the employer and employee and, if the employee is under 18years of age, by the employee’s parent or guardian. Note: An example of the type of agreement required by clause 34.5 is set out atSchedule I. There is no requirement to use the form of agreement set out atSchedule I. (c)The employer must keep a copy of any agreement under clause 34.5 as anemployee record. (d) If, on the termination of the employee’s employment, the employee has notaccrued an entitlement to all of a period of paid annual leave already taken inaccordance with an agreement under clause 34.5, the employer may deductfrom any money due to the employee on termination an amount equal to theamount that was paid to the employee in respect of any part of the period ofannual leave taken in advance to which an entitlement has not been accrued.Hospitality Industry (General) Award 2010MA000009 4534.6 Cashing out of annual leave[34.6 inserted by PR583018 ppc 29Jul16] (a)Paid annual leave must not be cashed out except in accordance with anagreement under clause 34.6. (b)Each cashing out of a particular amount of paid annual leave must be thesubject of a separate agreement under clause 34.6. (c)An employer and an employee may agree in writing to the cashing out of aparticular amount of accrued paid annual leave by the employee. (d) An agreement under clause 34.6 must state: (i)the amount of leave to be cashed out and the payment to be made to theemployee for it; and (ii) the date on which the payment is to be made.(e) An agreement under clause 34.6 must be signed by the employer and employeeand, if the employee is under 18 years of age, by the employee’s parent orguardian. (f)The payment must not be less than the amount that would have been payablehad the employee taken the leave at the time the payment is made. (g)An agreement must not result in the employee’s remaining accrued entitlementto paid annual leave being less than 4 weeks. (h)The maximum amount of accrued paid annual leave that may be cashed out inany period of 12 months is 2 weeks. (i)The employer must keep a copy of any agreement under clause 34.6 as anemployee record. Note 1: Under section 344 of the Fair Work Act, an employer must not exert undueinfluence or undue pressure on an employee to make, or not make, an agreementunder clause 34.6.Note 2: Under section 345(1) of the Fair Work Act, a person must not knowingly orrecklessly make a false or misleading representation about the workplace rights ofanother person under clause 34.6.Note 3: An example of the type of agreement required by clause 34.6 is set out atSchedule J. There is no requirement to use the form of agreement set out at ScheduleJ.34.7 Excessive leave accruals: general provision[34.7 inserted by PR583018 ppc 29Jul16]Note: Clauses 34.7 to 34.9 contain provisions, additional to the NationalEmployment Standards, about the taking of paid annual leave as a way of dealingwith the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the FairWork Act.Hospitality Industry (General) Award 201046 MA000009 (a)An employee has an excessive leave accrual if the employee has accrued morethan 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 34.1).(b) If an employee has an excessive leave accrual, the employer or the employeemay seek to confer with the other and genuinely try to reach agreement on howto reduce or eliminate the excessive leave accrual. (c)Clause 34.8 sets out how an employer may direct an employee who has anexcessive leave accrual to take paid annual leave. (d)Clause 34.9 sets out how an employee who has an excessive leave accrual mayrequire an employer to grant paid annual leave requested by the employee. 34.8 Excessive leave accruals: direction by employer that leave be taken[34.8 inserted by PR583018 ppc 29Jul16] (a)If an employer has genuinely tried to reach agreement with an employee underclause 34.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take oneor more periods of paid annual leave.(b) However, a direction by the employer under paragraph (a):(i) is of no effect if it would result at any time in the employee’s remainingaccrued entitlement to paid annual leave being less than 6 weeks whenany other paid annual leave arrangements (whether made under clause34.7, 34.8 or 34.9 or otherwise agreed by the employer and employee)are taken into account; and (ii)must not require the employee to take any period of paid annual leave ofless than one week; and (iii) must not require the employee to take a period of paid annual leavebeginning less than 8 weeks, or more than 12 months, after the directionis given; and (iv)must not be inconsistent with any leave arrangement agreed by theemployer and employee. (c)The employee must take paid annual leave in accordance with a direction underparagraph (a) that is in effect. (d) An employee to whom a direction has been given under paragraph (a) mayrequest to take a period of paid annual leave as if the direction had not beengiven.Note 1: Paid annual leave arising from a request mentioned in paragraph (d) mayresult in the direction ceasing to have effect. See clause 34.8(b)(i).Note 2: Under section 88(2) of the Fair Work Act, the employer must notunreasonably refuse to agree to a request by the employee to take paid annual leave.Hospitality Industry (General) Award 2010MA000009 4734.9 Excessive leave accruals: request by employee for leave[34.9 inserted by PR583018 ppc 29Jul16](a) Clause 34.9 comes into operation from 29 July 2017. (b)If an employee has genuinely tried to reach agreement with an employer underclause 34.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employerrequesting to take one or more periods of paid annual leave. (c)However, an employee may only give a notice to the employer underparagraph (b) if: (i)the employee has had an excessive leave accrual for more than 6 monthsat the time of giving the notice; and (ii) the employee has not been given a direction under clause 34.8(a) that,when any other paid annual leave arrangements (whether made underclause 34.7, 34.8 or 34.9 or otherwise agreed by the employer andemployee) are taken into account, would eliminate the employee’sexcessive leave accrual.(d) A notice given by an employee under paragraph (b) must not:(i) if granted, result in the employee’s remaining accrued entitlement to paidannual leave being at any time less than 6 weeks when any other paidannual leave arrangements (whether made under clause 34.7, 34.8 or 34.9or otherwise agreed by the employer and employee) are taken intoaccount; or (ii)provide for the employee to take any period of paid annual leave of lessthan one week; or (iii) provide for the employee to take a period of paid annual leave beginningless than 8 weeks, or more than 12 months, after the notice is given; or (iv)be inconsistent with any leave arrangement agreed by the employer andemployee. (e)An employee is not entitled to request by a notice under paragraph (b) morethan 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 34.1) in any period of 12 months. (f)The employer must grant paid annual leave requested by a notice underparagraph (b). 35. Personal/carer’s leave and compassionate leavePersonal/carer’s leave and compassionate leave are provided for in the NES.36. Community service leaveCommunity service leave is provided for in the NES.Hospitality Industry (General) Award 201048 MA00000937. Public holidays[Varied by PR994455, PR997632]37.1 National Employment Standards(a) Public holidays are provided for in the NES[37.1(a) substituted by PR994455 from 01Jan10]By agreement between the employer and the majority of employees in therelevant enterprise or section of the enterprise, an alternative day may be takenas the public holiday instead of any of the days prescribed in s.115 of the Act.(b) Additional arrangements for full-time employees: (i)A full-time employee whose rostered day off falls on a public holidaymust, subject to clause 32.2, either:  be paid an extra day’s pay; or be provided with an alternative day off within 28 days; or receive an additional day’s annual leave.(ii) A full-time employee who works on a public holiday which is subject tosubstitution as provided for by the NES will be entitled to the benefit ofthe substitute day.(c) Arrangements for part-time employees[37.1(c) inserted by PR997632 from 12May10]Part-time employees are entitled to public holidays prescribed in s.115 of theAct without loss of pay if those public holidays fall on days agreed underclauses 12.3 and 12.4. Part-time employees who work on a public holiday mustbe paid in accordance with clause 32.Part 7—Industry Specific Provisions38. No deduction for breakages or cashiering underingsAn employer must not deduct any sum from the wages or income of an employee in respect ofbreakages or cashiering underings except in the case of wilful misconduct.39. Provision of employee accommodation and meals[Varied by PR994455, PR997888, PR509040, PR522871, PR525469, PR536674, PR551597, PR566676,PR579759]39.1 Right to make deductionsWhen an employer provides their employees with accommodation, meals or both,then the employer may deduct an amount of money from the employee’s wages inaccordance with this clause.Hospitality Industry (General) Award 2010MA000009 4939.2 Adult employees[39.2 varied by PR997888, PR509040, PR522871, PR536674, PR551597, PR566676, PR579759 ppc 01Jul16]The amounts set out in the table below may be deducted from the wages of an adultemployee for the provision of accommodation, meals or both by their employer. Thesame amounts may be deducted from the wages of a junior employee in receipt ofadult wages. Service providedDeduction$ per weekSingle room and 3 meals a day195.83Shared room and 3 meals a day190.93Single room only, no meals186.03Shared room only, no meals181.14A meal7.83 NOTE: The ‘Single room and 3 meals a day’ amount is calculated at 25% of thestandard weekly rate. The following internal relativity is then applied: %Single room and 3 meals a day100Shared room and 3 meals a day97.5Single room only, no meals95.0Shared room only, no meals92.5A meal1% of the standardweekly rate 39.3 Junior employees receiving junior rates[39.3 varied by PR994455 ppc 01Jan10; PR997888, PR509040, PR522871; corrected by PR525469 ppc01Jul12; varied by PR536674, PR551597, PR566676, PR579759 ppc 01Jul16]The amounts set out in the table below may be deducted from the wages of a junioremployee who is being paid junior rates of pay for the provision of accommodation,meals or both by the employer. The amount which may be deducted depends on theage of the employee. Service providedAgeDeductionDeductionper week% of adultdeduction$Single room and 3 meals a day15 yrs & under4588.1216 yrs55107.7117 yrs70137.0818 yrs80156.6619 yrs90176.25 Hospitality Industry (General) Award 201050 MA000009 Service providedAgeDeductionDeductionper week % of adultdeduction$Shared room and 3 meals a day15 yrs & under4585.9216 yrs55105.0117 yrs70133.6518 yrs80152.7419 yrs90171.84Single room only; no meals15 yrs & under4583.7116 yrs55102.3217 yrs70130.2218 yrs80148.8219 yrs90167.43Shared room only; no meals15 yrs & under4581.5116 yrs5599.6317 yrs70126.8018 yrs80144.9119 yrs90163.03A mealSame rate allages—7.83 39.4 Deductions for meals[39.4 inserted by PR994455 from 01Jan10]An employer may deduct an amount from an employee’s wages for providing theemployee with a meal only if:(a) the employee does not live in accommodation provided by the employer; and(b) the meal is provided during the employee’s normal working hours.[Part 8 deleted by PR994455 from 01Jan10]Hospitality Industry (General) Award 2010MA000009 51Schedule A—Transitional Provisions[Varied by PR992056, PR505248]NOTE: The general transitional provisions in this Schedule operate subject to the specialtransitional provisions for South Australia in Schedule B and for Western Australia inSchedule C for particular modern award provisions.A.1 GeneralA.1.1 The provisions of this schedule deal with minimum obligations only.A.1.2 The provisions of this schedule are to be applied: (a)when there is a difference, in money or percentage terms, between a provisionin a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one handand an equivalent provision in this award on the other; (b)when a loading or penalty in a relevant transitional minimum wage instrumentor award-based transitional instrument has no equivalent provision in this award;(c) when a loading or penalty in this award has no equivalent provision in arelevant transitional minimum wage instrument or award-based transitionalinstrument; or (d)when there is a loading or penalty in this award but there is no relevanttransitional minimum wage instrument or award-based transitional instrument. A.2 Minimum wages – existing minimum wage lower A.2.1The following transitional arrangements apply to an employer which, immediatelyprior to 1 January 2010: (a) was obliged, (b)but for the operation of an agreement-based transitional instrument or anenterprise agreement would have been obliged, or (c)if it had been an employer in the industry or of the occupations covered by thisaward would have been obliged by a transitional minimum wage instrument and/or an award-based transitionalinstrument to pay a minimum wage lower than that in this award for anyclassification of employee.A.2.2 In this clause minimum wage includes: (a)a minimum wage for a junior employee, an employee to whom trainingarrangements apply and an employee with a disability; (b) a piecework rate; and(c) any applicable industry allowance.Hospitality Industry (General) Award 201052 MA000009A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no lessthan the minimum wage in the relevant transitional minimum wage instrument and/oraward-based transitional instrument for the classification concerned.A.2.4 The difference between the minimum wage for the classification in this award andthe minimum wage in clause A.2.3 is referred to as the transitional amount.A.2.5 From the following dates the employer must pay no less than the minimum wage forthe classification in this award minus the specified proportion of the transitionalamount: First full pay period on or after1 July 201080%1 July 201160%1 July 201240%1 July 201320% A.2.6 The employer must apply any increase in minimum wages in this award resultingfrom an annual wage review.A.2.7 These provisions cease to operate from the beginning of the first full pay period on orafter 1 July 2014.A.3 Minimum wages – existing minimum wage higherA.3.1 The following transitional arrangements apply to an employer which, immediatelyprior to 1 January 2010:(a) was obliged, (b)but for the operation of an agreement-based transitional instrument or anenterprise agreement would have been obliged, or (c)if it had been an employer in the industry or of the occupations covered by thisaward would have been obliged by a transitional minimum wage instrument and/or an award-based transitionalinstrument to pay a minimum wage higher than that in this award for anyclassification of employee.A.3.2 In this clause minimum wage includes: (a)a minimum wage for a junior employee, an employee to whom trainingarrangements apply and an employee with a disability; (b) a piecework rate; and(c) any applicable industry allowance.A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no lessthan the minimum wage in the relevant transitional minimum wage instrument and/oraward-based transitional instrument for the classification concerned.A.3.4 The difference between the minimum wage for the classification in this award andthe minimum wage in clause A.3.3 is referred to as the transitional amount.Hospitality Industry (General) Award 2010MA000009 53A.3.5 From the following dates the employer must pay no less than the minimum wage forthe classification in this award plus the specified proportion of the transitionalamount: First full pay period on or after1 July 201080%1 July 201160%1 July 201240%1 July 201320% A.3.6 The employer must apply any increase in minimum wages in this award resultingfrom an annual wage review. If the transitional amount is equal to or less than anyincrease in minimum wages resulting from the 2010 annual wage review thetransitional amount is to be set off against the increase and the other provisions ofthis clause will not apply.A.3.7 These provisions cease to operate from the beginning of the first full pay period on orafter 1 July 2014.A.4 Loadings and penalty ratesFor the purposes of this schedule loading or penalty means a:casual or part-time loading;Saturday, Sunday, public holiday, evening or other penalty;shift allowance/penalty.A.5 Loadings and penalty rates – existing loading or penalty rate lowerA.5.1 The following transitional arrangements apply to an employer which, immediatelyprior to 1 January 2010:(a) was obliged, (b)but for the operation of an agreement-based transitional instrument or anenterprise agreement would have been obliged, or (c)if it had been an employer in the industry or of the occupations covered by thisaward would have been obliged by the terms of a transitional minimum wage instrument or an award-basedtransitional instrument to pay a particular loading or penalty at a lower rate than theequivalent loading or penalty in this award for any classification of employee.A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no lessthan the loading or penalty in the relevant transitional minimum wage instrument oraward-based transitional instrument for the classification concerned.A.5.3 The difference between the loading or penalty in this award and the rate inclause A.5.2 is referred to as the transitional percentage.Hospitality Industry (General) Award 201054 MA000009A.5.4 From the following dates the employer must pay no less than the loading or penaltyin this award minus the specified proportion of the transitional percentage: First full pay period on or after1 July 201080%1 July 201160%1 July 201240%1 July 201320% A.5.5 These provisions cease to operate from the beginning of the first full pay period on orafter 1 July 2014.A.6 Loadings and penalty rates – existing loading or penalty rate higherA.6.1 The following transitional arrangements apply to an employer which, immediatelyprior to 1 January 2010:(a) was obliged, (b)but for the operation of an agreement-based transitional instrument or anenterprise agreement would have been obliged, or (c)if it had been an employer in the industry or of the occupations covered by thisaward would have been obliged by the terms of a transitional minimum wage instrument or an award-basedtransitional instrument to pay a particular loading or penalty at a higher rate than theequivalent loading or penalty in this award, or to pay a particular loading or penaltyand there is no equivalent loading or penalty in this award, for any classification ofemployee.A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no lessthan the loading or penalty in the relevant transitional minimum wage instrument oraward-based transitional instrument.A.6.3 The difference between the loading or penalty in this award and the rate inclause A.6.2 is referred to as the transitional percentage. Where there is no equivalentloading or penalty in this award, the transitional percentage is the rate in A.6.2.A.6.4 From the following dates the employer must pay no less than the loading or penaltyin this award plus the specified proportion of the transitional percentage: First full pay period on or after1 July 201080%1 July 201160%1 July 201240%1 July 201320% A.6.5 These provisions cease to operate from the beginning of the first full pay period on orafter 1 July 2014.Hospitality Industry (General) Award 2010MA000009 55A.7 Loadings and penalty rates – no existing loading or penalty rate A.7.1The following transitional arrangements apply to an employer not covered byclause A.5 or A.6 in relation to a particular loading or penalty in this award. A.7.2Prior to the first full pay period on or after 1 July 2010 the employer need not pay theloading or penalty in this award. A.7.3From the following dates the employer must pay no less than the followingpercentage of the loading or penalty in this award: First full pay period on or after1 July 201020%1 July 201140%1 July 201260%1 July 201380% A.7.4These provisions cease to operate from the beginning of the first full pay period on orafter 1 July 2014. A.8 Former Division 2B employers[A.8 inserted by PR505248 ppc 01Jan11] A.8.1This clause applies to an employer which, immediately prior to 1 January 2011, wascovered by a Division 2B State award. A.8.2All of the terms of a Division 2B State award applying to a Division 2B employer arecontinued in effect until the end of the full pay period commencing before 1 February 2011.A.8.3 Subject to this clause, from the first full pay period commencing on or after1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if ithad been a national system employer immediately prior to 1 January 2010.A.8.4 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division2B State award immediately prior to 1 February 2011 was lower than thecorresponding minimum wage, loading or penalty rate in this award, nothing in thisSchedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.A.8.5 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division2B State award immediately prior to 1 February 2011 was higher than thecorresponding minimum wage, loading or penalty rate in this award, nothing in thisSchedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.A.8.6 In relation to a Division 2B employer this Schedule commences to operate from thebeginning of the first full pay period on or after 1 January 2011 and ceases to operatefrom the beginning of the first full pay period on or after 1 July 2014.Hospitality Industry (General) Award 201056 MA000009Schedule B—Transitional Provisions in respect of South Australia[Sched B varied by PR992056, PR992315, PR997888, PR999412, PR505248, PR509040, PR522871,PR535452, PR536674, PR551597, PR566676][Note substituted by PR505248 ppc 01Jan11]NOTE: The transitional provisions in respect of South Australia in this Schedule operateinstead of the general transitional provisions in Schedule A in respect of the particular modernaward provisions dealt with in this Schedule. The transitional provisions in this Scheduleapply to all employers in the hospitality industry who meet the conditions of B.1.1 and B.1.2This award covers State Referred Employers and State Referred Employees from 1 January2011 noting that the National Employment Standards have applied since 1 January 2010(subject to the no detriment rule—Item 37, Schedule 3A of the Fair Work (TransitionalProvisions and Consequential Amendments) Act 2009).The award coverage exemptions as listed in subclauses 4.1(a) to (n) also apply to StateReferred Employers.[B.1 substituted by PR992315, PR999412 ppc 16Jul10][B.1.1 substituted by PR535452 ppc 28Mar13]B.1.1 Clause B.3.1 of Schedule B applies throughout South Australia to employers in thehospitality industry who hold a Hotel Licence, Entertainment Venue Licence, aSmall Venue Licence or a Special Circumstances Licence (including those thatpreviously held a General Facility Licence).[B.1.2 substituted by PR535452 ppc 28Mar13]B.1.2 Clause B.3.2 of Schedule B applies throughout South Australia to employers in thehospitality industry who hold a Hotel Licence, a Small Venue Licence, a SpecialCircumstances Licence or Residential Licence.B.1.3 Division 2B State Referred Employers and Employees[B.1.3 inserted by PR505248 ppc 01Jan11]All of the terms of a Division 2B State award applying to a Division 2B employer arecontinued in effect until the end of the full pay period commencing before1 February 2011.The other transitional provisions in Schedule B apply to all hospitality industry StateReferred Employers who meet the license coverage criteria of B.1.1 and/or B.1.2from 1 February 2011.A State Referred Employer is a national system employer who becomes such byvirtue of s.30N of the Fair Work Act 2009.A State Referred Employee is a national system employee who becomes such byvirtue of s.30M of the Fair Work Act 2009.Hospitality Industry (General) Award 2010MA000009 57[B.2 substituted by PR992315, PR505248 ppc 01Jan11] B.2Schedule B will apply from 1 January 2010 to employers covered by an award-basedtransitional instrument immediately prior to 1 January 2010. It will apply from 1 January 2011 to employers covered by a Division 2B State award immediatelyprior to 1 January 2011. The Schedule will cease to operate from 31 December 2014. B.3The following clauses outlined below replace the corresponding clause or partthereof in the body of this Modern Award: B.3.1 Hotels, Clubs etc Award [AN150066–SA or RA150066–SA][B.3.1 renamed by PR505248 ppc 01Jan11](a) Minimum rates of pay[New B.3.1(a) inserted by PR505248 ppc 01Jan11]The provisions of clause 20, of the award and in particular 20.1—General MinimumWeekly and Hourly Wages, do not apply to State Referred Employers covered byB.3.1 until the first full pay period commencing on or after 1 February 2011.Refer to clause B.1.3–Division 2B State Referred Employers for more information.(b) Part-time employment [clause 12 in the award][B.3.1(a) renumbered as B.3.1(b) by PR505248 ppc 01Jan11 (i)An employer may employ part-time employees in any classification inthis award. (ii) A part-time employee means an employee who is employed on a regularand systematic basis for a minimum of 15 ordinary hours per week andup to a maximum of 35 ordinary hours per week.(iii) An employer is required to roster a part-time employee for a minimum oftwo consecutive hours on any shift.(iv) An employee who does not meet the definition of a part-time employeeand who is not a full-time employee will be paid as a casual employee inaccordance with clause B.3.1(fa)(ii) within this Schedule.(v) All time worked in excess of eight hours per day, outside the spread ofhours specified in clause 29.2 of this award or in excess of 35 ordinaryhours per week will be overtime and paid for at the rates prescribed inclause B.3.1(g)(ii) of this schedule.[B.3.1(a)(vi) substituted by PR999412 ppc 16Jul10](vi) A part-time employee who is employed under the provisions of thisclause must be paid for ordinary hours at the rate of 1/38th of the weeklyrate prescribed in clause 20—Minimum wages, of the award, plus a 10%loading.The 10% loading is not payable in circumstances where the followingloadings apply: Saturday (clause B.3.1(fa)(ii))Hospitality Industry (General) Award 201058 MA000009 Sunday (clause B.3.1(fa)(ii)) Public holidays (clause B.3.1(fa)(ii)) Overtime (clause B.3.1(g))The part-time loading is payable in addition to any allowance payableunder clause B.3.1(fb).(c) Apprentice wages [clause 20.4 in the award][B.3.1(b) renumbered as B.3.1(c) by PR505248 ppc 01Jan11](i) Cooking apprenticeship A person who has completed a full apprenticeship for cooking must bepaid not less than the standard rate. An employee apprenticed in the cooking trade will be paid thepercentage of the standard rate, as follows: Year2010201120122013%%%%First year55555555Second year65656565Third year77.5808080Fourth year87.59092.595 (ii) Adult apprenticesAny apprentice cook who is 21 years of age or older will receive aminimum rate of pay equal to 95% of the rate for a Level 3 employee.(d) Junior employees (other than office juniors) [clause 20.5(a) in the award][B.3.1(c) substituted by PR999412 ppc 16Jul10; renumbered as B.3.1(d) by PR505248 ppc 01Jan11]The minimum rates of pay for junior employees are the undermentionedpercentages of the rates prescribed for the appropriate adult classification forthe work performed for the area in which such junior is working: Year20102011201220132014%%%%%16 years andunder6057.55552.55017 years606060606018 years707070707019 years858585858520 years959595AdultAdult21 yearsAdultAdultAdultAdultAdult Hospitality Industry (General) Award 2010MA000009 59 (e)Allowance for disabilities associated with performance of particular tasksor work in particular conditions or locations [B.3.1(d) renumbered as B.3.1(e) by PR505248 ppc 01Jan11](i) Broken periods of work [clause 21.3(a) in the award] Employees other than casuals who have a broken work day mustreceive an additional allowance for the spread of hours described inclause 29—Ordinary hours of work, in the award, as follows: Rate per day% of standard weekly rateUnder 10 hoursNil10 hours and under 10.5 hours0.2110.5 hours and under 11.5 hours0.4111.5 hours or more0.62  Provided that where any such broken work period extends into anyperiod for which clause B.3.1(fb)—Other penalty, or clause B.3.1(g)—Overtime of this schedule apply, the penalties or allowances will not becumulative, but the highest applicable penalty or allowance will apply.(f) Penalty rates [clause 32 in the award][B.3.1(e) varied by PR992315, PR999412 ppc 16Jul10; renumbered as B.3.1(f) by PR505248 ppc 01Jan11] (fa)(i)Sub-clauses B.3.1(fa)(ii) and B.3.1(fa)(iii) outlined below replace subclause 32.1 and 32.3—Other penalty, in the award. Sub-clauses 32.2—Public holidays and 32.4—Penalty rates notcumulative, as contained in clause 32—Penalty rates, of the award willcontinue to apply as from 1 January 2010.(fa)(ii) A full-time and part-time employee performing work on the followingdays will be paid the following percentage of the minimum wage rate inclause 20—Minimum wages for the relevant classification:(fa)(ii)(1) Front of house employees Mondayto FridaySaturdaySundayPublicholiday%%%%Full-time100150200250Part-time(inclusive of the10% loading inclause B.3.1(b)(vi))110150200250 Hospitality Industry (General) Award 201060 MA000009(fa)(ii)(2) Back of house employees Mondayto FridaySaturdaySundayPublicholiday%%%%Full-time100150175250Part-time(inclusive of the10% loading inclause B.3.1(b)(vi))110150175250 (fa)(ii)(3) In clause B.3.1(fa)(ii)(1) and B.3.1(fa)(ii)(2) the following definitionsapply:Front of house (FOH) will mean:A Food and Beverage Attendant of any level or employee holdingapproval as a Gaming Employee or Gaming Manager who is engaged inany one of the following: Supplying, dispensing or mixing of liquor from a bar or the sale ofliquor from the bottle department; or Assisting in the cellar or bottle department with or without supervisionor having full control of a cellar or liquor store (including the receipt,delivery and recording of goods within the cellar or liquor store).Back of House (BOH) will mean:An employee who is engaged in any one of the following classificationsas set out in this clause: Kitchen Guest services General Food and Beverage Attendant or employee holding approval as aGaming Employee or Gaming Manager serving but not dispensingalcohol or other beverages.(fa)(iii) Rates of pay for casual employees Casual employees must be paid per hour at the rate of 1/38th of theweekly rate prescribed for the work performed plus 50%. Casual employees will not be entitled to any loadings for workperformed between 7.00 pm and 7.00 am, Monday to Friday, onSaturday or Sunday or for work performed on a public holiday orovertime. The allowances contained within 21—Allowances, of the award, willnot be payable to casuals employed in accordance with this Schedule.Hospitality Industry (General) Award 2010MA000009 61[‘Front of house’ heading inserted by administrative error; deleted 28Jul11](fb) Other penalty(i) An employee (other than a casual employee) who is required to work anyof their ordinary hours between the hours of 7.00 pm and 7.00 am,Monday to Friday inclusive, will be paid an additional amount of 0.25%of the standard weekly rate per hour or part of an hour for such timeworked within the said hours.(ii) Provided that: in the case of any such employee (other than a casual employee) theminimum payment in respect of any one day will be 0.35% of thestandard weekly rate; an employee (other than a casual employee) who is required to worktheir total ordinary hours between 7.00 pm and 7.00 am Monday toFriday inclusive will be paid 0.25% of the standard weekly rate perhour, with a minimum payment in the case of a full-time employee onlyof 1.85% of the standard weekly rate per day; and this clause will not apply on any of the public holidays prescribed in theNES.(g) Overtime [clause 33 in the award][B.3.1(f) renumbered as B.3.1(g) by PR505248 ppc 01Jan11](i) Entitlement to overtime rates A full-time employee is paid at overtime rates for any work doneoutside of the hours set out in clause 29—Ordinary hours of work. A part-time employee is paid at overtime rates in the circumstancesspecified in clause B.3.1(b)(v) in this Schedule.(ii) Overtime ratesThe following overtime rates are payable to an employee, other than acasual employee, depending on the time at which the overtime is worked: Monday to Friday: 150% of their normal rate of pay for the first threehours of overtime, 200% for the rest of the overtime. Between midnight Friday and midnight Saturday: 175% of their normalrate of pay for the first three hours of overtime, 200% for the rest of theovertime. Between midnight Saturday and midnight Sunday: 200%. On a rostered day off falling Monday–Saturday: 150% for the firsteight hours, 175% for the next three hours and 200% thereafter. On a rostered day off falling on a Sunday: 200%.Hospitality Industry (General) Award 201062 MA000009(iii) Overtime stands aloneOvertime worked on any day stands alone.(h) Breaks[New B.3.1(g) inserted by PR999412 ppc 16Jul10; renumbered as B.3.1(h) by PR505248 ppc 01Jan11]Clause B.3.1(h) replaces clause 31 of the award.(ha) Each employee (not being a casual employee) will be granted a meal intervalof not less than 30 minutes and not more than 60 minutes to be commenced: (i)At any time after completion of one and a half hour’s work but no laterthan five hours after commencement of duty; or (ii) At any time after completion of one hour’s work but no later than sixhours after commencement of duty, provided that where an employee isrequired to work for more than five hours before such a meal break thenan employee will be allowed a 20 minute meal break without loss of payduring such work periods at a time suitable to the employer between twoand five hours worked.Where it is not possible to grant an employee such meal breaks, the employeewill be paid at the rate of the day plus half time additional at the ordinaryweekly rate until released for a meal. Provided further that where an employeeis required to work in excess of five hours after their first meal interval theemployee will be granted a further meal interval of 20 minutes to be treated astime worked.(hb) Where an employee is required to work overtime and such overtime followsthe completion of the employees’ normal hours of work a 20 minute paid mealbreak will be allowed where such overtime exceeds two hours work.(hc) Notwithstanding the provisions of clause B.3.1(ha), employees rostered towork more than ten ordinary hours in a shift will be entitled to two paid20 minute meal breaks in addition to an unpaid meal break of at least half anhour. In rostering for these breaks, the employer will make all reasonableefforts to provide these breaks at a time which gives the employees an evenmix of work time and breaks.(hd) Casual employees—meal times and mealsA casual employee required to work for a continuous period in excess of sixhours, will be granted an unpaid meal interval of 30 minutes to be commencedafter completing not less than two hours of duty and will not work in excess ofsix hours without a meal break. Provided that where it is not possible to grantthe meal interval on any day, the employer will pay the casual employee inaddition to time worked, 60 minutes at the applicable rate.Provided further that a casual employee required to work for a continuousperiod in excess of five hours but no more than six hours will be granted anunpaid meal interval of 20 minutes during such work period at a time suitableto the employer between two and five hours worked. Where it is not possibleto grant such break the employer will pay the casual employee in addition totime worked, 20 minutes at the applicable rate.Hospitality Industry (General) Award 2010MA000009 63(i) Classification Definitions [Schedule D in the award][B.3.1(g) renumbered as B.3.1(h) by PR999412; B.3.1(h) renumbered as B.3.1(i) by PR505248 ppc 01Jan11]Food and beverage [D.2.1 in the award] (i)Food and beverage attendant grade 1 means an employee who isengaged in any of the following:  picking up glasses; emptying ashtrays; general assistance to food and beverage attendants of a higher grade notincluding service to customers; removing food plates; setting and/or wiping down tables; cleaning and tidying of associated areas.(ii) Food and beverage attendant grade 2 means an employee who has notachieved the appropriate level of training and who is engaged in any ofthe following: supplying, dispensing or mixing of liquor including the sale of liquorfrom the bottle department; assisting in the cellar or bottle department; undertaking general waiting duties of both food and/or beverageincluding cleaning of tables; receipt of monies; attending a snack bar; engaged on delivery duties.(iii) Food and beverage attendant grade 3 means an employee who has theappropriate level of training and is engaged in any of the following: supplying, dispensing or mixing of liquor including the sale of liquorfrom the bottle department; assisting in the cellar or bottle department, where duties could includeworking up to four hours per day (averaged over the relevant workcycle) in the cellar without supervision; undertaking general waiting duties of both food and/or beverageincluding cleaning of tables; receipt and dispensing of monies; assembly and preparation of ingredients for cooking; general pantry duties.Hospitality Industry (General) Award 201064 MA000009In addition to the tasks performed by a Food and beverage attendantgrade 2 the employee is also involved in: the operation of a mechanical lifting device; operates a TAB or Lotteries Commission Terminal; holds an approval as a Gaming Machine Employee pursuant to theGaming Machines Act 1992 (SA),and/or means an employee who is engaged in any of the following: mixing a range of sophisticated drinks; supervising food and beverage attendants of a lower grade; taking reservations, greeting and seating guests; training food and beverage attendants of a lower level.(iv) Food and beverage attendant (tradesperson) grade 4 means anemployee who: supervises food and beverage attendants of a lower level; has completed an apprenticeship in waiting or who has passed theappropriate trade test and carries out specialised skilled duties in a finedining room or restaurant; full control of a cellar or liquor store (including the receipt, deliveryand recording of goods within such an area); is a full-time or part-time employee who holds an approval as aGaming Machine Manager pursuant to the Gaming Machines Act 1992(SA); is a casual employee who holds an approval as a Gaming MachineManager pursuant to the Gaming Machines Act 1992 (SA) andundertakes the duties of a Gaming Machine Manager for anyengagement.(v) Food and beverage supervisor Level 5 means: An employee who has the appropriate level of training including asupervisory course and has the responsibility for supervision, trainingand co-ordination of Food and Beverage staff, or stock control for a baror series of bars; Is an employee who holds an approval as a Responsible Personpursuant to the Liquor Licensing Act 1997 (SA) and is appointed by theemployer or Manager to act as a Responsible Person. Where a personhas been approved as a Responsible Person, whether full-time, regularpart-time or casual, and is performing the duties of a ResponsiblePerson pursuant to a direction given by the employer or manager, theyare to be paid at Level 5 for the time actually worked as a ResponsiblePerson only.Hospitality Industry (General) Award 2010MA000009 65B.3.2 Clerks (Clubs, Hotels and Motels) Award [AN150037–SA or RA150037–SA][B.3.2 inserted by PR992315 from 20Jan10; renamed by PR505248 ppc 01Jan11](a) Minimum wages [clause 20 in the award][B.3.2(a) varied by PR997888, PR509040, PR522871, PR536674, PR551597; substituted by PR566676ppc 01Jul15]In accordance with clause B.2, Schedule Bceases to operate on 31 December2014. Refer to clause 20 for rates of pay.(b) Classification Definitions [Schedule D in the award](ba) Guest services stream [D.2.3 in the award] (i)Guest service grade 1 means an employee who performs any of thefollowing:  laundry and/or linen duties which may include minor repairs to linen orclothing such as buttons, zips, seams, and working with flat materials; the collection and delivery of guests’ personal dry cleaning andlaundry, linen and associated materials to and from accommodationareas; performs general cleaning duties; and parking guests’ cars. (ii)Guest service grade 2 means an employee who has not achieved theappropriate level of training and who is engaged in any of the following:  servicing accommodation areas and cleaning thereof; receiving and assisting guests at the entrance to the establishment; driving a passenger vehicle or courtesy bus; transferring guests’ baggage to and from rooms; assisting in the dry cleaning process; cleaning duties using specialised equipment and chemicals; and providing butler services such as food, beverage and personalised guestservice.(iii) Guest service grade 3 means an employee who has the appropriate levelof training and who is engaged in any of the following: supervising guest service employees of a lower grade; providing butler services such as food, beverage and personalised guestservice; major repair of linen and/or clothing including basic tailoring andmajor alterations and refitting; andHospitality Industry (General) Award 201066 MA000009 dry cleaning.(iv) Guest service grade 4 means an employee who has completed anapprenticeship or who has passed the appropriate trade test or otherwisehas the appropriate level of training to perform the work of atradesperson in dry cleaning, tailoring or as a butler.(v) Guest service supervisor means an employee who has the appropriatelevel of training including a supervisory course, who supervises, trainsand co-ordinates the work of employees engaged in a housekeepingdepartment.(bb) Clerical stream—South Australia [D.2.4 in the award] (i)Level 1 means an employee who has not achieved the appropriate levelof training and who is primarily engaged in one or more of the following:  front office duties such as receptionist, telephonist, cashier, informationservices, or reservations; performs basic clerical and routine office duties like collating, filing,photocopying and delivering messages; general clerical duties like typing, basic data entry and calculationfunctions; accounts; and night auditing. (ii)Level 2 means an employee who has the appropriate level of training andwho is primarily engaged in one or more of the following:  front office duties such as receptionist, telephonist, cashier, informationservices, or reservations; clerical duties of an advanced nature; general clerical duties like typing, basic data entry and calculationfunctions; accounts; and night auditing.(iii) Level 3 means an employee appointed as such who has the appropriatelevel of training and who carries out: general or secretarial or stenographic duties; clerical duties of an advanced nature; recognised experience in complex duties; may be responsible for guidance of other office personnel and maycheck and allocate their work; andHospitality Industry (General) Award 2010MA000009 67 is in the front office engaged in duties including assisting in trainingand supervision of front office employees of the lower grade(s).(iv) Level 4 means an employee appointed as such who has the appropriatelevel of training including a supervisory course, and trains, co-ordinatesand supervises the work of front office and/or clerical employees inmotels or clubs, or front office employees in a hotel.(v) Level 5 means an employee who has the appropriate level of trainingincluding a supervisory course and also trains, co-ordinates andsupervises the work of front office or clerical employees in a hotel.Hospitality Industry (General) Award 201068 MA000009Schedule C—Transitional Provisions in respect of Western Australia[Sched C varied by PR992056, PR994455]NOTE: The transitional provisions in respect of Western Australia in this Schedule operateinstead of the general transitional provisions in Schedule A—Transitional Provisions inrespect of the particular modern award provisions dealt with in this Schedule.[C.1 substituted by PR994455 from 01Jan10] C.1Schedule C will apply from 1 January 2010 and will cease to operate on31 December 2014. C.2 Junior employees [clause 15 of the award][C.2.1 varied by PR994455 from 01Jan10] C.2.1Junior employees will be paid in accordance with clause 20.5—Juniors, on reachingthe age of 18 years, may be employed in the bar or other places where liquor is sold. C.2.2An employer may at any time demand the production of a birth certificate or othersatisfactory 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 theemployer. C.2.3No employee under the age of 18 years will be required to work more than 10 hoursin a shift. C.3 Breaks [clause 31 of the award] C.3.1Every employee will be entitled to a meal break of not less than one half hour normore than one hour after not more than five hours of work. C.3.2 Where it is not possible for the employer to grant a meal break on any day, the saidmeal break will be treated as time worked and the employee will be paid at the rateapplicable to the employee at the time such meal break is due, plus 50% of theprescribed ordinary hourly rate applying to such employee, until such time as theemployee is released for a meal. C.3.3In addition to a break for a meal, there may be one other break of at least one hourduring each shift. Such break may be taken in conjunction with the meal break. C.3.4 Where an employee is required to work five or more consecutive hours in a shift theemployee will also be entitled to one only paid break of 10 minutes at a time agreedbetween the employer and the employee provided that the employer must not requirethat the break be taken in the first or last hour of any work period and the employeewill not work more than five hours before either the paid or unpaid break is taken.Hospitality Industry (General) Award 2010MA000009 69Schedule D—Classification Definitions[Sched D varied by PR992056, PR994455, PR514972, PR540249]D.1 Introductory levelIn respect of all classification streams, introductory level means the level of an employee whoenters the industry and who has not demonstrated the competency requirements of level 1.Such an employee will remain at this level for up to three months while the appropriatetraining for level 1 is undertaken and assessment made to move from the introductory level tolevel 1. At the end of three months from entry, an employee will move to level 1 other thanwhere agreement has been reached and recorded between the employee and the employer thatfurther training of up to three months is required for the employee to achieve competence formovement to level 1.D.2 General classification definitionsD.2.1 Food and beverage streamFood and beverage attendant grade 1 means an employee who is engaged in anyof the following: picking up glasses; emptying ashtrays; general assistance to food and beverage attendants of a higher grade not includingservice to customers; removing food plates; setting and/or wiping down tables; and cleaning and tidying of associated areas.Food and beverage attendant grade 2 means an employee who has not achievedthe appropriate level of training and who is engaged in any of the following: supplying, dispensing or mixing of liquor including the sale of liquor from thebottle department; assisting in the cellar or bottle department; undertaking general waiting duties of both food and/or beverage including cleaningof tables; receipt of monies; attending a snack bar; and engaged on delivery duties.Hospitality Industry (General) Award 201070 MA000009Food and beverage attendant grade 3 means an employee who in addition to thetasks performed by a Food and beverage attendant grade 2 is engaged in any ofthe following: the operation of a mechanical lifting device; attending a wagering (e.g. TAB) terminal, electronic gaming terminal or similarterminal; full control of a cellar or liquor store (including the receipt, delivery and recordingof goods within such an area); mixing a range of sophisticated drinks; supervising food and beverage attendants of a lower grade; taking reservations, greeting and seating guests; and training food and beverage attendants of a lower grade.Food and beverage attendant (tradesperson) grade 4 means an employee who hascompleted an apprenticeship in waiting or who has passed the appropriate trade testand as such carries out specialised skilled duties in a fine dining room or restaurant.Food and beverage supervisor means an employee who has the appropriate level oftraining including a supervisory course and who has the responsibility forsupervision, training and co-ordination of food and beverage staff, or stock controlfor a bar or series of bars.D.2.2 Kitchen streamKitchen attendant grade 1 means an employee engaged in any of the following: general cleaning duties within a kitchen or food preparation area and scullery,including the cleaning of cooking and general utensils used in a kitchen andrestaurant; assisting employees who are cooking; assembling and preparing ingredients for cooking; and general pantry duties.Kitchen attendant grade 2 means an employee who has the appropriate level oftraining and who is engaged in specialised non-cooking duties in a kitchen or foodpreparation area, or supervision of kitchen attendants.Kitchen attendant grade 3 means an employee who has the appropriate level oftraining including a supervisory course and has the responsibility for the supervision,training and co-ordination of kitchen attendants of a lower grade.Cook grade 1 means an employee who carries out cooking of breakfasts and snacks,baking, pastry cooking or butchering.Cook grade 2 means an employee who has the appropriate level of training and whoperforms cooking duties including baking, pastry cooking or butchering.Hospitality Industry (General) Award 2010MA000009 71Cook (tradesperson) grade 3 means a commi chef or equivalent who has completedan apprenticeship or who has passed the appropriate trade test, and who is engaged incooking, baking, pastry cooking or butchering duties.Cook (tradesperson) grade 4 means a demi chef or equivalent who has completedan apprenticeship or has passed the appropriate trade test and who is engaged toperform general or specialised cooking, butchering, baking or pastry cooking dutiesand/or supervises and trains other cooks and kitchen employees.Cook (tradesperson) grade 5 means a chef de partie or equivalent who hascompleted an apprenticeship or has passed the appropriate trade test in cooking,butchering, baking or pastry cooking and has completed additional appropriatetraining and who performs any of the following: general and specialised duties including supervision or training of other kitchenstaff; ordering and stock control; and supervising other cooks and other kitchen employees in a single kitchenestablishment.D.2.3 Guest services streamGuest service grade 1 means an employee who performs any of the following: laundry and/or linen duties which may include minor repairs to linen or clothingsuch as buttons, zips, seams and working with flat materials; the collection and delivery of guests’ personal dry cleaning and laundry, linen andassociated materials to and from accommodation areas; performs general cleaning duties; and parking guests’ cars.Guest service grade 2 means an employee who has not achieved the appropriatelevel of training and who is engaged in any of the following: servicing accommodation areas and cleaning thereof; receiving and assisting guests at the entrance to the establishment; driving a passenger vehicle or courtesy bus; transferring guests’ baggage to and from rooms; assisting in the dry cleaning process; cleaning duties using specialised equipment and chemicals; and providing butler services such as food, beverage and personalised guest service.Guest service grade 3 means an employee who has the appropriate level of trainingand who is engaged in any of the following: supervising guest service employees of a lower grade;Hospitality Industry (General) Award 201072 MA000009 providing butler services such as food, beverage and personalised guest service; major repair of linen and/or clothing including basic tailoring and major alterationsand refitting; and dry cleaning.Guest service grade 4 means an employee who has completed an apprenticeship orwho has passed the appropriate trade test or otherwise has the appropriate level oftraining to perform the work of a tradesperson in dry cleaning, tailoring or as abutler.Guest service supervisor means an employee with the appropriate level of trainingincluding a supervisory course who supervises, trains and co-ordinates the work ofemployees engaged in a housekeeping department.Front office grade 1 means an employee who is engaged as an assistant in frontoffice duties including night auditing, telephonist, receptionist, cashier, informationservices or reservations.Front office grade 2 means an employee who has the appropriate level of trainingand is in the front office engaged in duties including telephonist, receptionist,cashier, information services or reservations.Front office grade 3 means an employee who has the appropriate level of trainingand is in the front office engaged in duties including assisting in training andsupervision of front office employees of a lower grade.Front office supervisor means an employee who has the appropriate level oftraining including a supervisory course and who supervises, trains and co-ordinatesthe work of front office employees.D.2.4 Administration streamClerical grade 1 means an employee who is required to perform basic clerical androutine office duties such as collating, filing, photocopying and delivering messages.Clerical grade 2 means an employee who is engaged in general clerical or officeduties, such as typing, filing, basic data entry and calculating functions.Clerical grade 3 means an employee who has the appropriate level of training andwho performs any of the following: operates adding machines, switchboard, paging system, telex machine, typewriteror calculator; uses knowledge of keyboard and function keys to enter and retrieve data throughcomputer terminal; copy types at 25 words per minute with 98% accuracy; maintains mail register and records; maintains established paper-based filing/records systems in accordance with setprocedures including creating and indexing new files, distributing files within theorganisation as requested, monitoring file locations;Hospitality Industry (General) Award 2010MA000009 73 transcribes information into records, completes forms, takes telephone messages; acquires and applies a working knowledge of office or sectional operatingprocedures and requirements; acquires and applies a working knowledge of the organisation’s structure andpersonnel in order to deal with inquiries at first instance, locates appropriate staff indifferent sections, relays internal information, responds to or redirects inquiries,greets visitors; keeps appropriate records; and 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 withdrawals and does banking.And who has the appropriate level of training and also performs any of thefollowing: operates computerised radio telephone equipment, micro/personal computer,printing devices attached to personal computer, dictaphone equipment, typewriters; produces documents and correspondence using knowledge of standard formats,touch types at 40 words per minute with 98% accuracy, audio types; uses one or more software application package(s) developed for a micro/personalcomputer to operate and populate a database, spreadsheet/worksheet to achieve adesired result; graph previously prepared spreadsheet; use simple menu utilities ofpersonal computer; follows standard procedures or template for the preceding functions using existingmodels/fields of information; Creates, maintains and generates simple reports; uses a central computer resource to an equivalent standard; 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 businessdocuments; takes shorthand notes at 70 wpm and transcribes with 95% accuracy; arranges travel bookings and itineraries, makes appointments, screens telephonecalls, follows visitor protocol procedures, establishes telephone contact on behalfof executive; applies a working knowledge of the organisation’s products/services, functions,locations and clients; responds to and acts upon most internal/external inquiries in own function area; uses and maintains a computer-based record management system to identify, accessand extract information from internal sources; maintains circulation, indexing andfiling systems for publications, reviews files, closes files, archives files; andHospitality Industry (General) Award 201074 MA000009 maintains financial records and journals, collects and prepares time and wagerecords; prepares accounts queries from debtors; posts transactions to ledger.Clerical supervisor means an employee who has the appropriate level of trainingincluding a supervisory course and who co-ordinates other clerical staff.D.2.5 Security streamDoorperson/security officer grade 1 means a person who assists in maintenance ofdress standards and good order at an establishment.Timekeeper/security officer grade 2 means a person who is responsible fortimekeeping of staff, for the security of keys, for the checking in and out of deliveryvehicles and/or for the supervision of doorperson/security officer grade 1 personnel.D.2.6 Leisure activities streamLeisure attendant grade 1 means a person who acts as an assistant instructor, poolattendant and/or can be responsible for the setting up, distribution and care ofequipment and the taking of bookings.Leisure attendant grade 2 means a person who has the appropriate level of trainingand takes classes and/or directs leisure activities such as sporting areas, health clubsand swimming pools.Leisure attendant grade 3 means a person who has the appropriate level of trainingand who plans and co-ordinates leisure activities for guests and may supervise otherleisure attendants.D.2.7 Stores streamStoreperson grade 1 means an employee who receives and stores general andperishable goods and cleans the store area.Storeperson grade 2 means an employee who, in addition to the duties for astoreperson grade 1, may also operate mechanical lifting equipment such as afork-lift and/or who may perform duties of a more complex nature.Storeperson grade 3 means an employee who has the appropriate level of trainingand who: implements quality control techniques and procedures; understands and is responsible for a stores/warehouse area or a large section ofsuch an area; has a highly developed level of interpersonal and communications skills; is able to supervise and provide direction and guidance to other employeesincluding the ability to assist in the provision of on-the-job training and induction; exercises discretion within the scope of this grade; and who may exercise skillsattained through the successful completion of an appropriate warehousingcertificate; and may perform indicative tasks at this level such as: liaising with management, suppliers and customers with respect to storesoperations; andHospitality Industry (General) Award 2010MA000009 75 detailing and co-ordinating activities of other storepersons and acting in aleading hand capacity for in excess of 10 storepersons; maintains control registers including inventory control and being responsible forpreparation and reconciliation of regular reports or stock movements, dispatches,etc; and supervises the receipt and delivery of goods, records, outgoing goods, responsiblefor the contents of a store.D.2.8 Maintenance and trades—other than the cooking trade[D.2.8 substituted by PR514972 ppc 04Oct11]Handyperson means a person who is not a tradesperson and whose duties includethe performance of routine repair work and maintenance in and about the employer’spremises.Fork-lift driver means an employee who has a recognised fork-lift licence and whois engaged solely on the basis of driving a fork-lift vehicle. Those employees whooperate a fork-lift as only part of their duties will be paid at the level 3 classificationrate in clause 20.1.Gardener grade 1 means an employee primarily engaged in the following activities: keeping areas clean and tidy; weeding and watering; trimming, mowing of surrounds, etc., with hand implements; assistance in preparing areas for play; assistance in course or green maintenance and construction; operation of a limited range of vehicles, including motor vehicles; performs non-trade tasks incidental to the employee’s work.Gardener grade 2 means an employee who is engaged in any of the followingactivities in addition to the work of grade 1: operation and minor maintenance of motorised equipment under supervision, otherthan machinery or equipment requiring the holding of specialised licences; assistance in the maintenance, renovation and reconstruction of greens andfairways, and/or maintenance of playing surfaces, including mowing, rolling, topdressing, seeding, turfing and sprigging, fertilising under supervision, planting andmaintenance of trees, pruning under supervision; applying fertilisers, fungicides, herbicides and insecticides under generalsupervision; gardening duties including the planting and trimming of trees, sowing, planting andcutting of grass, and the watering of plants, gardens, trees, lawns and displays; routine maintenance of turf, synthetic, artificial and other play surfaces;Hospitality Industry (General) Award 201076 MA000009 completion of basic records; assistance in the construction and installation of facilities and systems; performing tasks incidental to the employee’s work; handyperson duties; supervising gardeners of a lower grade.Gardener grade 3 (tradesperson) means an employee who has completed trade orequivalent qualifications and undertakes one or more of the following duties(including non-trade tasks incidental to the employee’s work): operate, maintain and adjust machinery as appropriate; clean machinery and inspects machinery after each use, reporting any problems to amanagement employee; applying fertilisers, fungicides, herbicides and insecticides as directed by amanagement employee; preparing turf, synthetic, artificial and other surfaces for play; maintenance and repair of vehicles and/or motor engines; repair and minor renovation work; formation and maintenance of all gardens, lawns and greens; the planting, maintenance and care of trees; training and supervision of employees of a lower grade, including apprentices.Gardener grade 4 (tradesperson) means an employee who has satisfactorilyattained the appropriate level of training at trade or the equivalent level, togetherwith the additional requirements in supervision or other appropriate specialistmodules. In addition to the duties of levels 1 to 3, the employee is also engaged inthe following activities: supervision and training of subordinate staff, including tradespersons; presentation of written and or verbal reports including budgets, general liaison with management; activities requiring application of specialist skills.D.2.9 Managerial staff (Hotels)[D.2.9 varied by PR994455 from 01Jan10; Managerial staff—hotels renamed as Managerial staff (Hotels) byPR540249 ppc 15Aug13]For the purpose of this additional classification, hotels means hotels, resorts, casinos,taverns, wine saloons, wine and spirit merchants retailing to the general public andother retail licensed establishments in or in connection with accommodation, with theselling of drinks, preparing and serving food and drinks, cleaning and attending tothe premises and all other services associated therewith.Hospitality Industry (General) Award 2010MA000009 77In this additional classification, hotel manager means an employee (howeverdesignated) who: under the direction of senior management is required to manage and co-ordinatethe activities of a relevant area or areas of the hotel; and directs staff to ensure they carry out their duties in the relevant area or areas of thehotel; and implements policies, procedures and operating systems for the hotel;but excludes an employee who is employed to undertake the duties of seniormanagement, responsible for a significant area of the operations of one or morehotels. Indicative position titles for such an employee include: Company secretary; Chief accountant; Personnel or human resources manager; Financial controller; Industrial relations manager; Venue manager; General/hotel manager; Executive assistant manager; Regional manager; or a Manager to whom any of those positions report or are responsible.An employee appointed as a Manager will have completed an appropriate level oftraining in business management or have relevant industry experience including thesupervision of staff in one or more areas of an hotel. In a General Hotel, thisclassification is commonly known as an Assistant manager. In an AccommodationHotel, this classification may include any of the following positions: Duty manager;Assistant food and beverage manager; Assistant rooms division manager; Assistantfront office manager or equivalent position.This additional classification does not apply to: Any hotel manager who is an employee of a proprietary or private company (withinthe meaning of the Corporations Law) where the Hotel Manager holds sufficientnumber of shares to entitle the Hotel Manager to voting control at general meetingsof the company; or Any hotel manager who is the senior partner of a partnership or has at least 49% ofthat partnership; or A parent, spouse or de facto partner, son or daughter of a hotel manager excludedfrom the additional classification by this paragraph.Hospitality Industry (General) Award 201078 MA000009D.3 Definitions for the purposes of the Casino Gaming StreamD.3.1 GeneralCasino means a gaming establishment holding a casino license under relevant Statelegislation. The term does not include a gaming facility that is a part or section of ahospitality establishment such as a hotel or tavern operation.Casino table game means a casino game played under the control and direction of atable game employee. It includes games that are normally played at a table andgames that include electronic aids to play the game such as Rapid Roulette.Major game means a table game that requires a table game employee to undertake aminimum of 80 hours formal training to learn the game rules and competently dealthe game in accordance with the minimum standards of the employer and therelevant casino regulatory authority.Appropriate level of training for casino gaming employees means that a casinogaming employee has: completed a relevant training course accredited by the AQF; or completed training to a level or standard imposed by a statutory gaming licensingauthority; or been assessed to have skills at least equivalent to those attained through the suitabletraining referred to above, such assessment to have been undertaken by a qualifiedskills assessor; or at 1 January 2010, had been doing the work of a particular classification for aperiod of at least three months.D.3.2 Casino table gamingCasino table gaming employee grade 1 means an employee who has completed theappropriate level of training and has commenced in one major game offered by thecasino.Casino table gaming employee grade 2 means an employee who has completed theappropriate level of training and has commenced in two major games offered by thecasino.Casino table gaming employee grade 3 means an employee who has completed theappropriate level of training and has commenced in three major games offered by thecasino.Casino table gaming employee grade 4 means an employee engaged as such whoundertakes table game inspection duties including ensuring that correct proceduresand standards are observed by table game employees of a lower grade. Thisclassification does not apply to managerial employees. The provisions of clause 25—Higher duties, will apply to Casino table game employees who have not beenappointed to this grade but are required to perform any functions of this position.Hospitality Industry (General) Award 2010MA000009 79D.3.3 Casino electronic gamingCasino electronic gaming employee grade 1 means an employee in a casino whohas received the appropriate level of training and who is engaged in any of thefollowing: providing information on customer loyalty programs, electronic gamingpromotions or services and facilities within a gaming machine area; and/or explaining to patrons the playing of gaming machines.Casino electronic gaming employee grade 2 means an employee in a casino whohas received the appropriate level of training and who is engaged in any of thefollowing: explaining to patrons the playing of gaming machines and providing pay-outs andrectifying minor malfunctions; selling and redeeming network gaming games such as Keno, TAB or other networkgames; conducting network games; and explaining to patrons the playing of gaming machines.D.3.4 Casino FinanceGaming finance employee grade 1 means an employee engaged to undertake anyCount functions including: hard and/or soft count; shuffling and preparation of playing cards for table games; destruction of playing cards, dice, etc. for table games.Gaming finance employee grade 2 means an employee engaged to undertake anyChange Booth functions including: limited supervision of gaming finance grade 1 employees; counting of change and associated change booth duties; sale and redemption of electronic gaming tickets.Gaming finance employee grade 3 means an employee engaged to undertake allgrade 2 change functions including supervision of employees of a lower grade whenrequired plus any of the following: assisting with the verification of floats and change machines; training employees in duties and functions of a lower grade; an employee engaged to undertake one cage function.Gaming finance employee grade 4 means: an employee engaged to undertake two cage cashier functions; orHospitality Industry (General) Award 201080 MA000009 gaming finance revenue audit clerk functions.Gaming finance employee grade 5 means an employee engaged to undertake morethan two cage cashier functions.For the purposes of the Gaming Finance Stream, cage function includes: front window cashier duties including exchanging gaming chips for currency,controlling a float, recording transactions and reconciliation duties; or bank cashiering including Fill Bank duties such as receiving, disbursing,reconciling and controlling receipt and issue of gaming chips to gaming tables fromthe Cage and Main Bank duties; or Premium Group settlements and buy-in.For the purposes of the Gaming Finance Stream, cashier function includessupervision of employees of a lower grade when required.D.3.5 Casino equipment techniciansCasino equipment technician grade 1 means an employee who has the appropriatelevel of training and who is competent at performing repairs, servicing andinstallation of non-electronic gaming and associated equipment as well as assistingCasino equipment technicians of a higher grade.Casino equipment technician grade 2 means an employee including a tradespersonwho has the appropriate level of training and who is competent at performing repairs,servicing and installation of electronic gaming and associated equipment undersupervision.Casino equipment technician grade 3 means an employee appointed as such whohas the appropriate level of training and who without supervision applies technicalknowledge and skills to the tasks of installing, repairing, maintaining, servicing,modifying, commissioning, testing, fault finding and diagnosing various forms ofvideo and other electronically or mechanically-controlled gaming equipment. Thislevel also includes an employee required to supervise and/or check the work ofCasino equipment technicians of lower grades.D.3.6 Casino securityCustomer liaison officer means an employee in a casino who holds appropriatelicenses and who is engaged to work as an area or door attendant to enforce dress,behaviour and entry requirements at the casino.Security officer grade 1 means an employee in a casino who holds appropriatelicenses and is required to carry out routine security functions throughout the Casinocomplex, including the duties of securing, watching, guarding and/or protecting thepremises including responding to alarm signals and incidents.Security officer grade 2 means an employee in a casino who performs work asrequired above and beyond the skills of an employee at grade 1 to the level of theirtraining. At this level an employee is required to perform cash escort and soft dropduties. This level also includes a security employee who in the opinion of theemployer has no previous relevant experience at this level, and is undertaking theHospitality Industry (General) Award 2010MA000009 81tasks of a surveillance officer while undergoing training and gaining experienceduring the first six months of employment as such.Surveillance operator means an employee in a casino required to monitor, observeand report upon the operations of the casino by means of visual or remoteobservation, including the use of electronic surveillance and recording systems asfollows: input information or react to signals and instruments related to electronicsurveillance; keyboard operation to alter the parameters within an integrated securitysurveillance system; and co-ordinate, monitor or record the activities of Security officers utilising a verbalcommunications system.Hospitality Industry (General) Award 201082 MA000009Schedule E—Supported Wage System[Varied by PR992056, PR998748, PR510670, PR525068, PR537893, PR542129, PR551831, PR568050,PR581528]E.1 This schedule defines the conditions which will apply to employees who because ofthe effects of a disability are eligible for a supported wage under the terms of thisaward.[E.2 varied by PR568050 ppc 01Jul15]E.2 In this schedule:approved assessor means a person accredited by the management unit establishedby the Commonwealth under the supported wage system to perform assessments ofan individual’s productive capacity within the supported wage systemassessment instrument means the tool provided for under the supported wagesystem that records the assessment of the productive capacity of the person to beemployed under the supported wage systemdisability support pension means the Commonwealth pension scheme to provideincome security for persons with a disability as provided under the Social SecurityAct 1991 (Cth), as amended from time to time, or any successor to that schemerelevant minimum wage means the minimum wage prescribed in this award for theclass of work for which an employee is engagedsupported wage system (SWS) means the Commonwealth Government system topromote employment for people who cannot work at full award wages because of adisability, as documented in the Supported Wage System Handbook. The Handbookis available from the following website: www.jobaccess.gov.auSWS wage assessment agreement means the document in the form required by theDepartment of Social Services that records the employee’s productive capacity andagreed wage rateE.3 Eligibility criteriaE.3.1 Employees covered by this schedule will be those who are unable to perform therange of duties to the competence level required within the class of work for whichthe employee is engaged under this award, because of the effects of a disability ontheir productive capacity and who meet the impairment criteria for receipt of adisability support pension. E.3.2This schedule does not apply to any existing employee who has a claim against theemployer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who areinjured in the course of their employment.Hospitality Industry (General) Award 2010MA000009 83E.4 Supported wage ratesE.4.1 Employees to whom this schedule applies will be paid the applicable percentage ofthe relevant minimum wage according to the following schedule: Assessed capacity (clause E.5)%Relevant minimum wage%101020203030404050506060707080809090 [E.4.2 varied by PR998748, PR510670, PR525068, PR537893, PR551831, PR568050, PR581528 ppc 01Jul16]E.4.2 Provided that the minimum amount payable must be not less than $82 per week. E.4.3Where an employee’s assessed capacity is 10%, they must receive a high degree ofassistance and support. E.5 Assessment of capacityE.5.1 For the purpose of establishing the percentage of the relevant minimum wage, theproductive capacity of the employee will be assessed in accordance with theSupported Wage System by an approved assessor, having consulted the employerand employee and, if the employee so desires, a union which the employee is eligibleto join.E.5.2 All assessments made under this schedule must be documented in an SWS wageassessment agreement, and retained by the employer as a time and wages record inaccordance with the Act.E.6 Lodgement of SWS wage assessment agreement[E.6.1 varied by PR542129 ppc 04Dec13]E.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to theemployee, must be lodged by the employer with the Fair Work Commission.[E.6.2 varied by PR542129 ppc 04Dec13] E.6.2All SWS wage assessment agreements must be agreed and signed by the employeeand employer parties to the assessment. Where a union which has an interest in the Hospitality Industry (General) Award 201084 MA000009award is not a party to the assessment, the assessment will be referred by the FairWork Commission to the union by certified mail and the agreement will take effectunless an objection is notified to the Fair Work Commission within 10 working days.E.7 Review of assessmentThe assessment of the applicable percentage should be subject to annual or more frequentreview on the basis of a reasonable request for such a review. The process of review must bein accordance with the procedures for assessing capacity under the supported wage system.E.8 Other terms and conditions of employmentWhere an assessment has been made, the applicable percentage will apply to the relevantminimum wage only. Employees covered by the provisions of this schedule will be entitled tothe same terms and conditions of employment as other workers covered by this award on apro rata basis.E.9 Workplace adjustmentAn employer wishing to employ a person under the provisions of this schedule must takereasonable steps to make changes in the workplace to enhance the employee’s capacity to dothe job. Changes may involve re-design of job duties, working time arrangements and workorganisation in consultation with other workers in the area.E.10 Trial periodE.10.1 In order for an adequate assessment of the employee’s capacity to be made, anemployer may employ a person under the provisions of this schedule for a trialperiod not exceeding 12 weeks, except that in some cases additional work adjustmenttime (not exceeding four weeks) may be needed.E.10.2 During that trial period the assessment of capacity will be undertaken and thepercentage of the relevant minimum wage for a continuing employment relationshipwill be determined.[E.10.3 varied by PR998748, PR510670, PR525068, PR537893, PR551831, PR568050, PR581528 ppc 01Jul16] E.10.3The minimum amount payable to the employee during the trial period must be noless than $82 per week. E.10.4 Work trials should include induction or training as appropriate to the job beingtrialled.E.10.5 Where the employer and employee wish to establish a continuing employmentrelationship following the completion of the trial period, a further contract ofemployment will be entered into based on the outcome of assessment underclause E.5.Hospitality Industry (General) Award 2010MA000009 85Schedule F—National Training Wage[Varied by PR992056, PR997888, PR509040, PR522871, PR536674, PR545787, PR551597, PR566676,PR579759]F.1 TitleThis is the National Training Wage Schedule.F.2 DefinitionsIn this schedule:adult trainee is a trainee who would qualify for the highest minimum wage in WageLevel A, B or C if covered by that wage levelapproved training means the training specified in the training contractAustralian Qualifications Framework (AQF) is a national framework forqualifications in post-compulsory education and trainingout of school refers only to periods out of school beyond Year 10 as at the first ofJanuary in each year and is deemed to: (c)include any period of schooling beyond Year 10 which was not part of or didnot contribute to a completed year of schooling; (d)include any period during which a trainee repeats in whole or part a year ofschooling beyond Year 10; and (e)not include any period during a calendar year in which a year of schooling iscompleted relevant State or Territory training authority means the bodies in the relevantState or Territory which exercise approval powers in relation to traineeships andregister training contracts under the relevant State or Territory vocational educationand training legislationrelevant State or Territory vocational education and training legislation meansthe following or any successor legislation:Australian Capital Territory: Training and Tertiary Education Act 2003;New South Wales: Apprenticeship and Traineeship Act 2001;Northern Territory: Northern Territory Employment and Training Act 1991;Queensland: Vocational Education, Training and Employment Act 2000;South Australia: Training and Skills Development Act 2008;Tasmania: Vocational Education and Training Act 1994;Victoria: Education and Training Reform Act 2006; orWestern Australia: Vocational Education and Training Act 1996Hospitality Industry (General) Award 201086 MA000009trainee is an employee undertaking a traineeship under a training contracttraineeship means a system of training which has been approved by the relevantState or Territory training authority, which meets the requirements of a trainingpackage developed by the relevant Industry Skills Council and endorsed by theNational Quality Council, and which leads to an AQF certificate level qualificationtraining contract means an agreement for a traineeship made between an employerand an employee which is registered with the relevant State or Territory trainingauthoritytraining package means the competency standards and associated assessmentguidelines for an AQF certificate level qualification which have been endorsed for anindustry or enterprise by the National Quality Council and placed on the NationalTraining Information Service with the approval of the Commonwealth, State andTerritory Ministers responsible for vocational education and training, and includesany relevant replacement training packageyear 10 includes any year before Year 10F.3 CoverageF.3.1 Subject to clauses F.3.2 to F.3.6 of this schedule, this schedule applies in respect ofan employee covered by this award who is undertaking a traineeship whose trainingpackage and AQF certificate level is allocated to a wage level by Appendix F1 to thisschedule or by clause F.5.4 of this schedule. F.3.2This schedule only applies to AQF Certificate Level IV traineeships for which arelevant AQF Certificate Level III traineeship is listed in Appendix F1 to this schedule.F.3.3 This schedule does not apply to the apprenticeship system or to any training programwhich applies to the same occupation and achieves essentially the same trainingoutcome as an existing apprenticeship in an award as at 25 June 1997.F.3.4 This schedule does not apply to qualifications not identified in training packages orto qualifications in training packages which are not identified as appropriate for atraineeship.F.3.5 Where the terms and conditions of this schedule conflict with other terms andconditions of this award dealing with traineeships, the other terms and conditions ofthis award prevail.F.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.F.4 Types of TraineeshipThe following types of traineeship are available under this schedule: F.4.1a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinaryhours being approved training; and F.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% ofordinary hours being approved training solely on-the-job or partly on-the-job andpartly off-the-job, or where training is fully off-the-job.Hospitality Industry (General) Award 2010MA000009 87F.5 Minimum Wages[F.5 substituted by PR997888, PR509040, PR522871, PR536674, PR551597, PR566676, PR579759 ppc01Jul16]F.5.1 Minimum wages for full-time traineeships(a) Wage Level ASubject to clause F.5.3 of this schedule, the minimum wages for a traineeundertaking a full-time AQF Certificate Level I–III traineeship whose trainingpackage and AQF certificate levels are allocated to Wage Level A byAppendix F1 are: Highest year of schooling completedYear 10Year 11Year 12per weekper weekper week$$$School leaver302.20332.80396.50Plus 1 year out of school332.80396.50461.40Plus 2 years out of school396.50461.40537.00Plus 3 years out of school461.40537.00614.80Plus 4 years out of school537.00614.80Plus 5 or more years out of school614.80 (b) Wage Level BSubject to clause F.5.3 of this schedule, the minimum wages for a traineeundertaking a full-time AQF Certificate Level I–III traineeship whose trainingpackage and AQF certificate levels are allocated to Wage Level B byAppendix F1 are: Highest year of schooling completedYear 10Year 11Year 12per weekPer weekper week$$$School leaver302.20332.80385.80Plus 1 year out of school332.80385.80443.80Plus 2 years out of school385.80443.80520.40Plus 3 years out of school443.80520.40593.60Plus 4 years out of school520.40593.60Plus 5 or more years out of school593.60 (c) Wage Level CSubject to clause F.5.3 of this schedule, the minimum wages for a traineeundertaking a full-time AQF Certificate Level I–III traineeship whose trainingHospitality Industry (General) Award 201088 MA000009package and AQF certificate levels are allocated to Wage Level C byAppendix F1 are: Highest year of schooling completedYear 10Year 11Year 12per weekper weekper week$$$School leaver302.20332.80385.80Plus 1 year out of school332.80385.80434.30Plus 2 years out of school385.80434.30485.20Plus 3 years out of school434.30485.20540.60Plus 4 years out of school485.20540.60Plus 5 or more years out of school540.60 (d) AQF Certificate Level IV traineeships (i)Subject to clause F.5.3 of this schedule, the minimum wages for a traineeundertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level IIItraineeship with the addition of 3.8% to those minimum wages. (ii)Subject to clause F.5.3 of this schedule, the minimum wages for an adulttrainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevantAQF Certificate Level III traineeship: Wage levelFirst year oftraineeshipSecond andsubsequent years oftraineeshipper weekper week$$Wage Level A638.50663.20Wage Level B616.00639.70Wage Level C560.60581.80 F.5.2 Minimum wages for part-time traineeships(a) Wage Level ASubject to clauses F.5.2(f) and F.5.3 of this schedule, the minimum wages for atrainee undertaking a part-time AQF Certificate Level I–III traineeship whosetraining package and AQF certificate levels are allocated to Wage Level A byAppendix F1 are:Hospitality Industry (General) Award 2010MA000009 89 Highest year of schooling completedYear 10Year 11Year 12per hourper hourper hour$$$School leaver9.9410.9613.05Plus 1 year out of school10.9613.0515.19Plus 2 years out of school13.0515.1917.66Plus 3 years out of school15.1917.6620.21Plus 4 years out of school17.6620.21Plus 5 or more years out of school20.21 (b) Wage Level BSubject to clauses F.5.2(f) and F.5.3 of this schedule, the minimum wages for atrainee undertaking a part-time AQF Certificate Level I–III traineeship whosetraining package and AQF certificate levels are allocated to Wage Level B byAppendix F1 are: Highest year of schooling completedYear 10Year 11Year 12per hourper hourper hour$$$School leaver9.9410.9612.70Plus 1 year out of school10.9612.7014.60Plus 2 years out of school12.7014.6017.13Plus 3 years out of school14.6017.1319.54Plus 4 years out of school17.1319.54Plus 5 or more years out of school19.54 (c) Wage Level CSubject to clauses F.5.2(f) and F.5.3 of this schedule, the minimum wages for atrainee undertaking a part-time AQF Certificate Level I–III traineeship whosetraining package and AQF certificate levels are allocated to Wage Level C byAppendix F1 are: Highest year of schooling completedYear 10Year 11Year 12per hourper hourper hour$$$School leaver9.9410.9612.70Plus 1 year out of school10.9612.7014.28Plus 2 years out of school12.7014.2815.95Plus 3 years out of school14.2815.9517.78 Hospitality Industry (General) Award 201090 MA000009 Highest year of schooling completed Year 10Year 11Year 12 per hourper hourper hour $$$Plus 4 years out of school15.9517.78Plus 5 or more years out of school17.78 (d) School-based traineeshipsSubject to clauses F.5.2(f) and F.5.3 of this schedule, the minimum wages for atrainee undertaking a school-based AQF Certificate Level I–III traineeshipwhose training package and AQF certificate levels are allocated to WageLevels A, B or C by Appendix F1 are as follows when the trainee worksordinary hours: Year of schoolingYear 11 or lowerYear 12per hourper hour$$9.9410.96 (e) AQF Certificate Level IV traineeships(i) Subject to clauses F.5.2(f) and F.5.3 of this schedule, the minimumwages for a trainee undertaking a part-time AQF Certificate Level IVtraineeship are the minimum wages for the relevant part-time AQFCertificate Level III traineeship with the addition of 3.8% to thoseminimum wages. (ii)Subject to clauses F.5.2(f) and F.5.3 of this schedule, the minimumwages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is thatfor the relevant AQF Certificate Level III traineeship: Wage levelFirst year oftraineeshipSecond andsubsequent yearsof traineeshipper hourper hour$$Wage Level A21.0021.82Wage Level B20.2421.03Wage Level C18.4419.15 (f) Calculating the actual minimum wage(i) Where the full-time ordinary hours of work are not 38 or an average of38 per week, the appropriate hourly minimum wage is obtained bymultiplying the relevant minimum wage in clauses F.5.2(a)–(e) of thisschedule by 38 and then dividing the figure obtained by the full-timeordinary hours of work per week.Hospitality Industry (General) Award 2010MA000009 91 (ii)Where the approved training for a part-time traineeship is provided fullyoff-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses F.5.2(a)–(e) of thisschedule applies to each ordinary hour worked by the trainee.(iii) Where the approved training for a part-time traineeship is undertakensolely on-the-job or partly on-the-job and partly off-the-job, the relevantminimum wage in clauses F.5.2(a)–(e) of this schedule minus 20%applies to each ordinary hour worked by the trainee.F.5.3 Other minimum wage provisions(a) An employee who was employed by an employer immediately prior tobecoming a trainee with that employer must not suffer a reduction in theirminimum wage per week or per hour by virtue of becoming a trainee. Casualloadings will be disregarded when determining whether the employee hassuffered a reduction in their minimum wage.(b) If a qualification is converted from an AQF Certificate Level II to an AQFCertificate Level III traineeship, or from an AQF Certificate Level III to anAQF Certificate Level IV traineeship, then the trainee must be paid the nexthighest minimum wage provided in this schedule, where a higher minimumwage is provided for the new AQF certificate level.F.5.4 Default wage rateThe minimum wage for a trainee undertaking an AQF Certificate Level I–IIItraineeship whose training package and AQF certificate level are not allocated to awage level by Appendix F1 is the relevant minimum wage under this schedule for atrainee undertaking an AQF Certificate to Level I–III traineeship whose trainingpackage and AQF certificate level are allocated to Wage Level B.F.6 Employment conditionsF.6.1 A trainee undertaking a school-based traineeship may, with the agreement of thetrainee, be paid an additional loading of 25% on all ordinary hours worked instead ofpaid annual leave, paid personal/carer’s leave and paid absence on public holidays,provided that where the trainee works on a public holiday then the public holidayprovisions of this award apply.F.6.2 A trainee is entitled to be released from work without loss of continuity ofemployment and to payment of the appropriate wages to attend any training andassessment specified in, or associated with, the training contract. F.6.3Time spent by a trainee, other than a trainee undertaking a school-based traineeship,in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes ofcalculating the trainee’s wages and determining the trainee’s employment conditions.[Note inserted by PR545787 ppc 01Jan14]Note: The time to be included for the purpose of calculating the wages for part-timetrainees whose approved training is fully off-the-job is determined byclause F.5.2(f)(ii) and not by this clause.Hospitality Industry (General) Award 201092 MA000009F.6.4 Subject to clause F.3.5 of this schedule, all other terms and conditions of this awardapply to a trainee unless specifically varied by this schedule.Hospitality Industry (General) Award 2010MA000009 93Appendix F1: Allocation of Traineeships to Wage LevelsThe wage levels applying to training packages and their AQF certificate levels are:F1.1 Wage Level A Training packageAQF certificate levelAeroskillsIIAviationIIIIIIBeautyIIIBusiness ServicesIIIIIIChemical, Hydrocarbons and RefiningIIIIIICivil ConstructionIIICoal Training PackageIIIIICommunity ServicesIIIIIConstruction, Plumbing and ServicesIntegrated FrameworkIIIIIICorrectional ServicesIIIIIDrillingIIIIIElectricity Supply Industry—GenerationSectorIIIII (in Western Australia only)Electricity Supply Industry—Transmission,Distribution and Rail SectorIIElectrotechnologyIIIIII (in Western Australia only)Financial ServicesIIIIIIFloristryIIIFood Processing IndustryIII Hospitality Industry (General) Award 201094 MA000009 Training packageAQF certificate levelGas IndustryIIIInformation and CommunicationsTechnologyIIIIIILaboratory OperationsIIIIILocal Government (other than OperationalWorks Cert I and II)IIIIIIManufactured Mineral ProductsIIIManufacturingIIIIIIMaritimeIIIIIIMetal and Engineering (Technical)IIIIIMetalliferous MiningIIIIIMuseum, Library and Library/InformationServicesIIIIIPlastics, Rubber and CablemakingIIIPublic SafetyIIIPublic SectorIIIIIPulp and Paper Manufacturing IndustriesIIIRetail Services (including wholesale andCommunity pharmacy)IIITelecommunicationsIIIIITextiles, Clothing and FootwearIIITourism, Hospitality and EventsIIIIIITraining and AssessmentIIITransport and DistributionIIIWater Industry (Utilities)III Hospitality Industry (General) Award 2010MA000009 95F1.2 Wage Level B Training packageAQF certificate levelAnimal Care and ManagementIIIIIIAsset MaintenanceIIIIIIAustralian Meat IndustryIIIIIIAutomotive Industry ManufacturingIIIIIAutomotive Industry Retail, Service andRepairIIIIIIBeautyIICaravan IndustryIIIIICivil ConstructionICommunity Recreation IndustryIIIEntertainmentIIIIIIExtractive IndustriesIIIIIFitness IndustryIIIFloristryIIFood Processing IndustryIIIForest and Forest Products IndustryIIIIIIFurnishingIIIIIIGas IndustryIIIHealthIIIIILocal Government (Operational Works)III Hospitality Industry (General) Award 201096 MA000009 Training packageAQF certificate levelManufactured Mineral ProductsIIIMetal and Engineering (Production)IIIIIOutdoor Recreation IndustryIIIIIIPlastics, Rubber and CablemakingIIPrinting and Graphic ArtsIIIIIProperty ServicesIIIIIIPublic SafetyIIIPulp and Paper Manufacturing IndustriesIIIRetail ServicesIIIScreen and MediaIIIIIISport IndustryIIIIISugar MillingIIIIIITextiles, Clothing and FootwearIIITransport and LogisticsIIIVisual Arts, Craft and DesignIIIIIIWater IndustryIII Hospitality Industry (General) Award 2010MA000009 97F1.3 Wage Level C Training packageAQF certificate levelAgri-FoodIAmenity HorticultureIIIIIIConservation and Land ManagementIIIIIIFuneral ServicesIIIIIIMusicIIIIIIRacing IndustryIIIIIIRural ProductionIIIIIISeafood IndustryIIIIII Hospitality Industry (General) Award 201098 MA000009Schedule G—School-based Apprenticeship[Sched G varied by PR992056, PR994455, PR542129; substituted by PR544256 ppc 01Jan14]G.1 This schedule applies to school-based apprentices. A school-based apprentice is aperson who is undertaking an apprenticeship in accordance with this schedule whilealso undertaking a course of secondary education.G.2 A school-based apprenticeship may be undertaken in the trades covered by thisaward under a training agreement or contract of training for an apprentice declared orrecognised by the relevant State or Territory authority.G.3 The relevant minimum wages for full-time junior and adult apprentices provided forin this award, calculated hourly, will apply to school-based apprentices for totalhours worked including time deemed to be spent in off-the-job training. G.4For the purposes of clause G.3, where an apprentice is a full-time school student, thetime spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may beaveraged over the semester or year.G.5 A school-based apprentice must be allowed, over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-timeapprentice.G.6 For the purposes of this schedule, off-the-job training is structured training deliveredby a Registered Training Organisation separate from normal work duties or generalsupervised practice undertaken on the job. G.7The duration of the apprenticeship must be as specified in the training agreement orcontract for each apprentice but must not exceed six years. G.8 School-based apprentices progress through the relevant wage scale at the rate of12 months progression for each two years of employment as an apprentice or at therate of competency-based progression if provided for in this award.G.9 The apprentice wage scales are based on a standard full-time apprenticeship of fouryears (unless the apprenticeship is of three years duration) or stages of competencybased progression (if provided for in this award). The rate of progression reflects theaverage rate of skill acquisition expected from the typical combination of work andtraining for a school-based apprentice undertaking the applicable apprenticeship. G.10If an apprentice converts from school-based to full-time, the successful completionof competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scalein addition to the progression achieved as a school-based apprentice. G.11School-based apprentices are entitled pro rata to all of the other conditions in thisaward. G.12 For the purpose of this clause, a relevant training qualification is:Hospitality Industry (General) Award 2010MA000009 99G.12.1 a qualification from a National Training Package that covers occupations or workwhich are covered by this award, or is a qualification from an enterprise TrainingPackage listed above; andG.12.2 an AQF Certificate Level III. A school-based apprenticeship does not include aqualification which can normally be completed through a Training Agreement of aduration of three years or less (such qualifications would generally be covered bytraineeship provisions).Hospitality Industry (General) Award 2010100 MA000009Schedule H—2016 Part-day Public Holidays[Sched H inserted by PR532630 ppc 23Nov12; renamed and varied by PR544519 ppc 21Nov13; renamed andvaried by PR557581, PR573679, PR580863 ppc 31May16]This schedule operates where this award otherwise contains provisions dealing with publicholidays that supplement the NES. H.1Where a part-day public holiday is declared or prescribed between 7.00pm andmidnight on Christmas Eve (24 December 2016) or New Year’s Eve (31 December 2016) the following will apply on Christmas Eve and New Year’s Eve and willoverride any provision in this award relating to public holidays to the extent of theinconsistency:(a) All employees will have the right to refuse to work on the part-day publicholiday if the request to work is not reasonable or the refusal is reasonable asprovided for in the NES. (b)Where a part-time or full-time employee is usually rostered to work ordinaryhours between 7.00pm and midnight but as a result of exercising their right under the NES does not work, they will be paid their ordinary rate of pay forsuch hours not worked.(c) Where a part-time or full-time employee is usually rostered to work ordinaryhours between 7.00pm and midnight but as a result of being on annual leavedoes not work, they will be taken not to be on annual leave between thosehours of 7.00pm and midnight that they would have usually been rostered towork and will be paid their ordinary rate of pay for such hours.(d) Where a part-time or full-time employee is usually rostered to work ordinaryhours between 7.00pm and midnight, but as a result of having a rostered dayoff (RDO) provided under this award, does not work, the employee will betaken to be on a public holiday for such hours and paid their ordinary rate ofpay for those hours. (e)Excluding annualised salaried employees to whom clause H.1(f) applies, wherean employee works any hours between 7.00pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award forthose hours worked.(f) Where an employee is paid an annualised salary under the provisions of thisaward and is entitled under this award to time off in lieu or additional annualleave for work on a public holiday, they will be entitled to time off in lieu orpro-rata annual leave equivalent to the time worked between 7.00pm andmidnight. (g)An employee not rostered to work between 7.00pm and midnight, other than anemployee who has exercised their right in accordance with clause H.1(a), will not be entitled to another day off, another day’s pay or another day of annualleave as a result of the part-day public holiday.This schedule is not intended to detract from or supplement the NES.This schedule is an interim provision and subject to further review.Hospitality Industry (General) Award 2010MA000009 101Schedule I—Agreement to Take Annual Leave in Advance[Sched I inserted by PR583018 ppc 29Jul16]Link to PDF copy of Agreement to Take Annual Leave in Advance.Name of employee: _____________________________________________Name of employer: _____________________________________________The employer and employee agree that the employee will take a period of paid annualleave before the employee has accrued an entitlement to the leave:The amount of leave to be taken in advance is: ____ hours/daysThe leave in advance will commence on: ___/___/20___Signature of employee: ________________________________________Date signed: ___/___/20___Name of employer representative: ________________________________________Signature of employer representative: ________________________________________Date signed: ___/___/20___ [If the employee is under 18 years of age – include:]I agree that:if, on termination of the employee’s employment, the employee has not accrued anentitlement to all of a period of paid annual leave already taken under thisagreement, then the employer may deduct from any money due to the employee ontermination an amount equal to the amount that was paid to the employee inrespect of any part of the period of annual leave taken in advance to which anentitlement has not been accrued.Name of parent/guardian: ________________________________________Signature of parent/guardian: ________________________________________Date signed: ___/___/20___ Hospitality Industry (General) Award 2010102 MA000009Schedule J—Agreement to Cash Out Annual Leave[Sched J inserted by PR583018 ppc 29Jul16]Link to PDF copy of Agreement to Cash Out Annual Leave.Name of employee: _____________________________________________Name of employer: _____________________________________________The employer and employee agree to the employee cashing out a particular amount ofthe employee’s accrued paid annual leave:The amount of leave to be cashed out is: ____ hours/daysThe payment to be made to the employee for the leave is: $_______ subject to deduction ofincome tax/after deduction of income tax (strike out where not applicable)The payment will be made to the employee on: ___/___/20___Signature of employee: ________________________________________Date signed: ___/___/20___Name of employer representative: ________________________________________Signature of employer representative: ________________________________________Date signed: ___/___/20___ Include if the employee is under 18 years of age:Name of parent/guardian: ________________________________________Signature of parent/guardian: ________________________________________Date signed: ___/___/20___ Hospitality Industry (General) Award 2010MA000009 103Schedule K—Agreement for Time Off Instead of Payment for Overtime[Sched K inserted by PR584111 ppc 22Aug16]Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.Name of employee: _____________________________________________Name of employer: _____________________________________________The employer and employee agree that the employee may take time off instead of beingpaid for the following amount of overtime that has been worked by the employee:Date and time overtime started: ___/___/20___ ____ am/pmDate and time overtime ended: ___/___/20___ ____ am/pmAmount of overtime worked: _______ hours and ______ minutesThe employer and employee further agree that, if requested by the employee at anytime, the employer must pay the employee for overtime covered by this agreement butnot taken as time off. Payment must be made at the overtime rate applying to theovertime when worked and must be made in the next pay period following the request.Signature of employee: ________________________________________Date signed: ___/___/20___Name of employer representative: ________________________________________Signature of employer representative: ________________________________________Date signed: ___/___/20___

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