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[2009] AIRCFB 555
Australian Industrial Relations Commission (Full Bench)
2009-06-05
Original judgment source is linked above.
s.576E - Procedure for carrying out award modernisation process
Request from the Minister for Employment and Workplace Relations - 28 March 2008
[1] This statement concerns award modernisation and, in particular, the question of award coverage for the restaurant and catering industry. On 19�December 2008 this Full Bench made the Hospitality Industry (General) Award 2010 (the Hospitality Modern Award).[1] When it commences to operate on 1�January 2010 the award will cover the restaurant and catering industry.
[2] The award was made by the Commission acting pursuant to the award modernisation request made by the Minister for Employment and Workplace Relations (the Minister) under s.576C(1) of the Workplace Relations Act 1996 (the Act) on 28�March 2008. The Minister has since varied the request on 16�June 2008, 18�December 2008, 2�May 2009 and, most recently, on . The variation of 28�May 2009 deals specifically with the restaurant and catering industry. It provides for the inclusion of the following new paragraph in the request:
27A. The Commission should create a modern award covering the restaurant and catering industry, separate from those sectors in the hospitality industry providing hotelier, accommodation or gaming services. The development of such a modern award should establish a penalty rate and overtime regime that takes account of the operational requirements of the restaurant and catering industry, including the labour intensive nature of the industry and the industry's core trading times."
[3] In order to comply with this paragraph it will be necessary to identify precisely the coverage throughout Australia of the proposed restaurant and catering industry award and consider its terms, including those relating to hours of work, penalty rates and overtime. It will also be necessary, as a preliminary matter, to settle a procedure and a timetable for dealing with the proposed award and for any variation to the Hospitality Modern Award.
[4] The matter will be listed for mention and directions at 9:30am on 22�June 2009 in Melbourne. A separate notice of listing will be issued.
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